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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/17700-8.txt b/17700-8.txt new file mode 100644 index 0000000..b7eae22 --- /dev/null +++ b/17700-8.txt @@ -0,0 +1,16908 @@ +The Project Gutenberg EBook of The Suppression of the African Slave Trade +to the United States of America, by W. E. B. Du Bois + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Suppression of the African Slave Trade to the United States of America + 1638-1870 + +Author: W. E. B. Du Bois + +Release Date: February 7, 2006 [EBook #17700] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK SLAVE TRADE *** + + + + +Produced by Suzanne Shell, Victoria Woosley and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + + + THE SUPPRESSION OF THE + AFRICAN SLAVE-TRADE + TO THE + UNITED STATES + OF AMERICA + 1638-1870 + + Volume I + Harvard Historical Studies + + 1896 + + Longmans, Green, and Co. + New York + + * * * * * + + + + +Preface + + +This monograph was begun during my residence as Rogers Memorial Fellow +at Harvard University, and is based mainly upon a study of the sources, +i.e., national, State, and colonial statutes, Congressional documents, +reports of societies, personal narratives, etc. The collection of laws +available for this research was, I think, nearly complete; on the other +hand, facts and statistics bearing on the economic side of the study +have been difficult to find, and my conclusions are consequently liable +to modification from this source. + +The question of the suppression of the slave-trade is so intimately +connected with the questions as to its rise, the system of American +slavery, and the whole colonial policy of the eighteenth century, that +it is difficult to isolate it, and at the same time to avoid +superficiality on the one hand, and unscientific narrowness of view on +the other. While I could not hope entirely to overcome such a +difficulty, I nevertheless trust that I have succeeded in rendering this +monograph a small contribution to the scientific study of slavery and +the American Negro. + +I desire to express my obligation to Dr. Albert Bushnell Hart, of +Harvard University, at whose suggestion I began this work and by whose +kind aid and encouragement I have brought it to a close; also I have to +thank the trustees of the John F. Slater Fund, whose appointment made it +possible to test the conclusions of this study by the general principles +laid down in German universities. + + W.E. BURGHARDT DU BOIS. + +WILBERFORCE UNIVERSITY, + March, 1896. + + * * * * * + + + + +Contents + + +CHAPTER I +INTRODUCTORY + + 1. _Plan of the Monograph_ 9 + 2. _The Rise of the English Slave-Trade_ 9 + + +CHAPTER II +THE PLANTING COLONIES + + 3. _Character of these Colonies_ 15 + 4. _Restrictions in Georgia_ 15 + 5. _Restrictions in South Carolina_ 16 + 6. _Restrictions in North Carolina_ 19 + 7. _Restrictions in Virginia_ 19 + 8. _Restrictions in Maryland_ 22 + 9. _General Character of these Restrictions_ 23 + + +CHAPTER III +THE FARMING COLONIES + + 10. _Character of these Colonies_ 24 + 11. _The Dutch Slave-Trade_ 24 + 12. _Restrictions in New York_ 25 + 13. _Restrictions in Pennsylvania and Delaware_ 28 + 14. _Restrictions in New Jersey_ 32 + 15. _General Character of these Restrictions_ 33 + + +CHAPTER IV +THE TRADING COLONIES + + 16. _Character of these Colonies_ 34 + 17. _New England and the Slave-Trade_ 34 + 18. _Restrictions in New Hampshire_ 36 + 19. _Restrictions in Massachusetts_ 37 + 20. _Restrictions in Rhode Island_ 40 + 21. _Restrictions in Connecticut_ 43 + 22. _General Character of these Restrictions_ 44 + + +CHAPTER V +THE PERIOD OF THE REVOLUTION, 1774-1787 + + 23. _The Situation in 1774_ 45 + 24. _The Condition of the Slave-Trade_ 46 + 25. _The Slave-Trade and the "Association"_ 47 + 26. _The Action of the Colonies_ 48 + 27. _The Action of the Continental Congress_ 49 + 28. _Reception of the Slave-Trade Resolution_ 51 + 29. _Results of the Resolution_ 52 + 30. _The Slave-Trade and Public Opinion after the War_ 53 + 31. _The Action of the Confederation_ 56 + + +CHAPTER VI +THE FEDERAL CONVENTION, 1787 + + 32. _The First Proposition_ 58 + 33. _The General Debate_ 59 + 34. _The Special Committee and the "Bargain"_ 62 + 35. _The Appeal to the Convention_ 64 + 36. _Settlement by the Convention_ 66 + 37. _Reception of the Clause by the Nation_ 67 + 38. _Attitude of the State Conventions_ 70 + 39. _Acceptance of the Policy_ 72 + + +CHAPTER VII +TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, 1787-1807 + + 40. _Influence of the Haytian Revolution_ 74 + 41. _Legislation of the Southern States_ 75 + 42. _Legislation of the Border States_ 76 + 43. _Legislation of the Eastern States_ 76 + 44. _First Debate in Congress, 1789_ 77 + 45. _Second Debate in Congress, 1790_ 79 + 46. _The Declaration of Powers, 1790_ 82 + 47. _The Act of 1794_ 83 + 48. _The Act of 1800_ 85 + 49. _The Act of 1803_ 87 + 50. _State of the Slave-Trade from 1789 to 1803_ 88 + 51. _The South Carolina Repeal of 1803_ 89 + 52. _The Louisiana Slave-Trade, 1803-1805_ 91 + 53. _Last Attempts at Taxation, 1805-1806_ 94 + 54. _Key-Note of the Period_ 96 + + +CHAPTER VIII +THE PERIOD OF ATTEMPTED SUPPRESSION, 1807-1825 + + 55. _The Act of 1807_ 97 + 56. _The First Question: How shall illegally imported Africans + be disposed of?_ 99 + 57. _The Second Question: How shall Violations be punished?_ 104 + 58. _The Third Question: How shall the Interstate Coastwise + Slave-Trade be protected?_ 106 + 59. _Legislative History of the Bill_ 107 + 60. _Enforcement of the Act_ 111 + 61. _Evidence of the Continuance of the Trade_ 112 + 62. _Apathy of the Federal Government_ 115 + 63. _Typical Cases_ 120 + 64. _The Supplementary Acts, 1818-1820_ 121 + 65. _Enforcement of the Supplementary Acts, 1818-1825_ 126 + + +CHAPTER IX +THE INTERNATIONAL STATUS OF THE SLAVE-TRADE, 1783-1862 + + 66. _The Rise of the Movement against the Slave-Trade, + 1788-1807_ 133 + 67. _Concerted Action of the Powers, 1783-1814_ 134 + 68. _Action of the Powers from 1814 to 1820_ 136 + 69. _The Struggle for an International Right of Search, + 1820-1840_ 137 + 70. _Negotiations of 1823-1825_ 140 + 71. _The Attitude of the United States and the State of the + Slave-Trade_ 142 + 72. _The Quintuple Treaty, 1839-1842_ 145 + 73. _Final Concerted Measures, 1842-1862_ 148 + + +CHAPTER X +THE RISE OF THE COTTON KINGDOM, 1820-1850 + + 74. _The Economic Revolution_ 152 + 75. _The Attitude of the South_ 154 + 76. _The Attitude of the North and Congress_ 156 + 77. _Imperfect Application of the Laws_ 159 + 78. _Responsibility of the Government_ 161 + 79. _Activity of the Slave-Trade, 1820-1850_ 163 + + +CHAPTER XI +THE FINAL CRISIS, 1850-1870 + + 80. _The Movement against the Slave-Trade Laws_ 168 + 81. _Commercial Conventions of 1855-1856_ 169 + 82. _Commercial Conventions of 1857-1858_ 170 + 83. _Commercial Convention of 1859_ 172 + 84. _Public Opinion in the South_ 173 + 85. _The Question in Congress_ 174 + 86. _Southern Policy in 1860_ 176 + 87. _Increase of the Slave-Trade from 1850 to 1860_ 178 + 88. _Notorious Infractions of the Laws_ 179 + 89. _Apathy of the Federal Government_ 182 + 90. _Attitude of the Southern Confederacy_ 187 + 91. _Attitude of the United States_ 190 + + +CHAPTER XII +THE ESSENTIALS IN THE STRUGGLE + + 92. _How the Question Arose_ 193 + 93. _The Moral Movement_ 194 + 94. _The Political Movement_ 195 + 95. _The Economic Movement_ 195 + 96. _The Lesson for Americans_ 196 + + +APPENDICES + + A. _A Chronological Conspectus of Colonial and State Legislation + restricting the African Slave-Trade, 1641-1787_ 199 + + B. _A Chronological Conspectus of State, National, and + International Legislation, 1788-1871_ 234 + + C. _Typical Cases of Vessels engaged in the American Slave-Trade, + 1619-1864_ 306 + + D. _Bibliography_ 316 + + +INDEX 347 + + * * * * * + + + + +_Chapter I_ + +INTRODUCTORY. + + 1. Plan of the Monograph. + 2. The Rise of the English Slave-Trade. + + +1. ~Plan of the Monograph.~ This monograph proposes to set forth the +efforts made in the United States of America, from early colonial times +until the present, to limit and suppress the trade in slaves between +Africa and these shores. + +The study begins with the colonial period, setting forth in brief the +attitude of England and, more in detail, the attitude of the planting, +farming, and trading groups of colonies toward the slave-trade. It deals +next with the first concerted effort against the trade and with the +further action of the individual States. The important work of the +Constitutional Convention follows, together with the history of the +trade in that critical period which preceded the Act of 1807. The +attempt to suppress the trade from 1807 to 1830 is next recounted. A +chapter then deals with the slave-trade as an international problem. +Finally the development of the crises up to the Civil War is studied, +together with the steps leading to the final suppression; and a +concluding chapter seeks to sum up the results of the investigation. +Throughout the monograph the institution of slavery and the interstate +slave-trade are considered only incidentally. + + +2. ~The Rise of the English Slave-Trade.~ Any attempt to consider the +attitude of the English colonies toward the African slave-trade must be +prefaced by a word as to the attitude of England herself and the +development of the trade in her hands.[1] + +Sir John Hawkins's celebrated voyage took place in 1562, but probably +not until 1631[2] did a regular chartered company undertake to carry on +the trade.[3] This company was unsuccessful,[4] and was eventually +succeeded by the "Company of Royal Adventurers trading to Africa," +chartered by Charles II. in 1662, and including the Queen Dowager and +the Duke of York.[5] The company contracted to supply the West Indies +with three thousand slaves annually; but contraband trade, misconduct, +and war so reduced it that in 1672 it surrendered its charter to another +company for £34,000.[6] This new corporation, chartered by Charles II. +as the "Royal African Company," proved more successful than its +predecessors, and carried on a growing trade for a quarter of a century. + +In 1698 Parliamentary interference with the trade began. By the Statute +9 and 10 William and Mary, chapter 26, private traders, on payment of a +duty of 10% on English goods exported to Africa, were allowed to +participate in the trade. This was brought about by the clamor of the +merchants, especially the "American Merchants," who "in their Petition +suggest, that it would be a great Benefit to the Kingdom to secure the +Trade by maintaining Forts and Castles there, with an equal Duty upon +all Goods exported."[7] This plan, being a compromise between +maintaining the monopoly intact and entirely abolishing it, was adopted, +and the statute declared the trade "highly Beneficial and Advantageous +to this Kingdom, and to the Plantations and Colonies thereunto +belonging." + +Having thus gained practically free admittance to the field, English +merchants sought to exclude other nations by securing a monopoly of the +lucrative Spanish colonial slave-trade. Their object was finally +accomplished by the signing of the Assiento in 1713.[8] + +The Assiento was a treaty between England and Spain by which the latter +granted the former a monopoly of the Spanish colonial slave-trade for +thirty years, and England engaged to supply the colonies within that +time with at least 144,000 slaves, at the rate of 4,800 per year. +England was also to advance Spain 200,000 crowns, and to pay a duty of +33½ crowns for each slave imported. The kings of Spain and England were +each to receive one-fourth of the profits of the trade, and the Royal +African Company were authorized to import as many slaves as they wished +above the specified number in the first twenty-five years, and to sell +them, except in three ports, at any price they could get. + +It is stated that, in the twenty years from 1713 to 1733, fifteen +thousand slaves were annually imported into America by the English, of +whom from one-third to one-half went to the Spanish colonies.[9] To the +company itself the venture proved a financial failure; for during the +years 1729-1750 Parliament assisted the Royal Company by annual grants +which amounted to £90,000,[10] and by 1739 Spain was a creditor to the +extent of £68,000, and threatened to suspend the treaty. The war +interrupted the carrying out of the contract, but the Peace of +Aix-la-Chapelle extended the limit by four years. Finally, October 5, +1750, this privilege was waived for a money consideration paid to +England; the Assiento was ended, and the Royal Company was bankrupt. + +By the Statute 23 George II., chapter 31, the old company was dissolved +and a new "Company of Merchants trading to Africa" erected in its +stead.[11] Any merchant so desiring was allowed to engage in the trade +on payment of certain small duties, and such merchants formed a company +headed by nine directors. This marked the total abolition of monopoly in +the slave-trade, and was the form under which the trade was carried on +until after the American Revolution. + +That the slave-trade was the very life of the colonies had, by 1700, +become an almost unquestioned axiom in British practical economics. The +colonists themselves declared slaves "the strength and sinews of this +western world,"[12] and the lack of them "the grand obstruction"[13] +here, as the settlements "cannot subsist without supplies of them."[14] +Thus, with merchants clamoring at home and planters abroad, it easily +became the settled policy of England to encourage the slave-trade. Then, +too, she readily argued that what was an economic necessity in Jamaica +and the Barbadoes could scarcely be disadvantageous to Carolina, +Virginia, or even New York. Consequently, the colonial governors were +generally instructed to "give all due encouragement and invitation to +merchants and others, ... and in particular to the royal African company +of England."[15] Duties laid on the importer, and all acts in any way +restricting the trade, were frowned upon and very often disallowed. +"Whereas," ran Governor Dobbs's instructions, "Acts have been passed in +some of our Plantations in America for laying duties on the importation +and exportation of Negroes to the great discouragement of the Merchants +trading thither from the coast of Africa.... It is our Will and Pleasure +that you do not give your assent to or pass any Law imposing duties upon +Negroes imported into our Province of North Carolina."[16] + +The exact proportions of the slave-trade to America can be but +approximately determined. From 1680 to 1688 the African Company sent 249 +ships to Africa, shipped there 60,783 Negro slaves, and after losing +14,387 on the middle passage, delivered 46,396 in America. The trade +increased early in the eighteenth century, 104 ships clearing for Africa +in 1701; it then dwindled until the signing of the Assiento, standing at +74 clearances in 1724. The final dissolution of the monopoly in 1750 +led--excepting in the years 1754-57, when the closing of Spanish marts +sensibly affected the trade--to an extraordinary development, 192 +clearances being made in 1771. The Revolutionary War nearly stopped the +traffic; but by 1786 the clearances had risen again to 146. + +To these figures must be added the unregistered trade of Americans and +foreigners. It is probable that about 25,000 slaves were brought to +America each year between 1698 and 1707. The importation then dwindled, +but rose after the Assiento to perhaps 30,000. The proportion, too, of +these slaves carried to the continent now began to increase. Of about +20,000 whom the English annually imported from 1733 to 1766, South +Carolina alone received some 3,000. Before the Revolution, the total +exportation to America is variously estimated as between 40,000 and +100,000 each year. Bancroft places the total slave population of the +continental colonies at 59,000 in 1714, 78,000 in 1727, and 293,000 in +1754. The census of 1790 showed 697,897 slaves in the United States.[17] + +In colonies like those in the West Indies and in South Carolina and +Georgia, the rapid importation into America of a multitude of savages +gave rise to a system of slavery far different from that which the late +Civil War abolished. The strikingly harsh and even inhuman slave codes +in these colonies show this. Crucifixion, burning, and starvation were +legal modes of punishment.[18] The rough and brutal character of the +time and place was partly responsible for this, but a more decisive +reason lay in the fierce and turbulent character of the imported +Negroes. The docility to which long years of bondage and strict +discipline gave rise was absent, and insurrections and acts of violence +were of frequent occurrence.[19] Again and again the danger of planters +being "cut off by their own negroes"[20] is mentioned, both in the +islands and on the continent. This condition of vague dread and unrest +not only increased the severity of laws and strengthened the police +system, but was the prime motive back of all the earlier efforts to +check the further importation of slaves. + +On the other hand, in New England and New York the Negroes were merely +house servants or farm hands, and were treated neither better nor worse +than servants in general in those days. Between these two extremes, the +system of slavery varied from a mild serfdom in Pennsylvania and New +Jersey to an aristocratic caste system in Maryland and Virginia. + + +FOOTNOTES: + + [1] This account is based largely on the _Report of the Lords + of the Committee of Council_, etc. (London, 1789). + + [2] African trading-companies had previously been erected + (e.g. by Elizabeth in 1585 and 1588, and by James I. in 1618); + but slaves are not specifically mentioned in their charters, + and they probably did not trade in slaves. Cf. Bandinel, + _Account of the Slave Trade_ (1842), pp. 38-44. + + [3] Chartered by Charles I. Cf. Sainsbury, _Cal. State Papers, + Col. Ser., America and W. Indies, 1574-1660_, p. 135. + + [4] In 1651, during the Protectorate, the privileges of the + African trade were granted anew to this same company for + fourteen years. Cf. Sainsbury, _Cal. State Papers, Col. Ser., + America and W. Indies, 1574-1660_, pp. 342, 355. + + [5] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-1668_, § 408. + + [6] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1669-1674_, §§ 934, 1095. + + [7] Quoted in the above _Report_, under "Most Material + Proceedings in the House of Commons," Vol. I. Part I. An import + duty of 10% on all goods, except Negroes, imported from Africa + to England and the colonies was also laid. The proceeds of + these duties went to the Royal African Company. + + [8] Cf. Appendix A. + + [9] Bandinel, _Account of the Slave Trade_, p. 59. Cf. Bryan + Edwards, _History of the British Colonies in the W. Indies_ + (London, 1798), Book VI. + + [10] From 1729 to 1788, including compensation to the old + company, Parliament expended £705,255 on African companies. Cf. + _Report_, etc., as above. + + [11] Various amendatory statutes were passed: e.g., 24 George + II. ch. 49, 25 George II. ch. 40, 4 George III. ch. 20, 5 + George III. ch. 44, 23 George III. ch. 65. + + [12] Renatus Enys from Surinam, in 1663: Sainsbury, _Cal. + State Papers, Col. Ser., America and W. Indies, 1661-68_, § + 577. + + [13] Thomas Lynch from Jamaica, in 1665: Sainsbury, _Cal. + State Papers, Col. Ser., America and W. Indies, 1661-68_, § + 934. + + [14] Lieutenant-Governor Willoughby of Barbadoes, in 1666: + Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-68_, § 1281. + + [15] Smith, _History of New Jersey_ (1765), p. 254; Sainsbury, + _Cal. State Papers, Col. Ser., America and W. Indies, + 1669-74_., §§ 367, 398, 812. + + [16] _N.C. Col. Rec._, V. 1118. For similar instructions, cf. + _Penn. Archives_, I. 306; _Doc. rel. Col. Hist. New York_, VI. + 34; Gordon, _History of the American Revolution_, I. letter 2; + _Mass. Hist. Soc. Coll._, 4th Ser. X. 642. + + [17] These figures are from the above-mentioned _Report_, Vol. + II. Part IV. Nos. 1, 5. See also Bancroft, _History of the + United States_ (1883), II. 274 ff; Bandinel, _Account of the + Slave Trade_, p. 63; Benezet, _Caution to Great Britain_, etc., + pp. 39-40, and _Historical Account of Guinea_, ch. xiii. + + [18] Compare earlier slave codes in South Carolina, Georgia, + Jamaica, etc.; also cf. Benezet, _Historical Account of + Guinea_, p. 75; _Report_, etc., as above. + + [19] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1574-1660_, pp. 229, 271, 295; _1661-68_, §§ 61, 412, + 826, 1270, 1274, 1788; _1669-74_., §§ 508, 1244; Bolzius and + Von Reck, _Journals_ (in Force, _Tracts_, Vol. IV. No. 5, pp. + 9, 18); _Proceedings of Governor and Assembly of Jamaica in + regard to the Maroon Negroes_ (London, 1796). + + [20] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-68_, § 1679. + + * * * * * + + + + +_Chapter II_ + +THE PLANTING COLONIES. + + 3. Character of these Colonies. + 4. Restrictions in Georgia. + 5. Restrictions in South Carolina. + 6. Restrictions in North Carolina. + 7. Restrictions in Virginia. + 8. Restrictions in Maryland. + 9. General Character of these Restrictions. + + +3. ~Character of these Colonies.~ The planting colonies are those +Southern settlements whose climate and character destined them to be the +chief theatre of North American slavery. The early attitude of these +communities toward the slave-trade is therefore of peculiar interest; +for their action was of necessity largely decisive for the future of the +trade and for the institution in North America. Theirs was the only +soil, climate, and society suited to slavery; in the other colonies, +with few exceptions, the institution was by these same factors doomed +from the beginning. Hence, only strong moral and political motives could +in the planting colonies overthrow or check a traffic so favored by the +mother country. + + +4. ~Restrictions in Georgia.~ In Georgia we have an example of a +community whose philanthropic founders sought to impose upon it a code +of morals higher than the colonists wished. The settlers of Georgia were +of even worse moral fibre than their slave-trading and whiskey-using +neighbors in Carolina and Virginia; yet Oglethorpe and the London +proprietors prohibited from the beginning both the rum and the slave +traffic, refusing to "suffer slavery (which is against the Gospel as +well as the fundamental law of England) to be authorised under our +authority."[1] The trustees sought to win the colonists over to their +belief by telling them that money could be better expended in +transporting white men than Negroes; that slaves would be a source of +weakness to the colony; and that the "Produces designed to be raised in +the Colony would not require such Labour as to make Negroes necessary +for carrying them on."[2] + +This policy greatly displeased the colonists, who from 1735, the date of +the first law, to 1749, did not cease to clamor for the repeal of the +restrictions.[3] As their English agent said, they insisted that "In +Spight of all Endeavours to disguise this Point, it is as clear as Light +itself, that Negroes are as essentially necessary to the Cultivation of +_Georgia_, as Axes, Hoes, or any other Utensil of Agriculture."[4] +Meantime, evasions and infractions of the laws became frequent and +notorious. Negroes were brought across from Carolina and "hired" for +life.[5] "Finally, purchases were openly made in Savannah from African +traders: some seizures were made by those who opposed the principle, but +as a majority of the magistrates were favorable to the introduction of +slaves into the province, legal decisions were suspended from time to +time, and a strong disposition evidenced by the courts to evade the +operation of the law."[6] At last, in 1749, the colonists prevailed on +the trustees and the government, and the trade was thrown open under +careful restrictions, which limited importation, required a registry and +quarantine on all slaves brought in, and laid a duty.[7] It is probable, +however, that these restrictions were never enforced, and that the trade +thus established continued unchecked until the Revolution. + + +5. ~Restrictions in South Carolina.~[8] South Carolina had the largest +and most widely developed slave-trade of any of the continental +colonies. This was owing to the character of her settlers, her nearness +to the West Indian slave marts, and the early development of certain +staple crops, such as rice, which were adapted to slave labor.[9] +Moreover, this colony suffered much less interference from the home +government than many other colonies; thus it is possible here to trace +the untrammeled development of slave-trade restrictions in a typical +planting community. + +As early as 1698 the slave-trade to South Carolina had reached such +proportions that it was thought that "the great number of negroes which +of late have been imported into this Collony may endanger the safety +thereof." The immigration of white servants was therefore encouraged by +a special law.[10] Increase of immigration reduced this disproportion, +but Negroes continued to be imported in such numbers as to afford +considerable revenue from a moderate duty on them. About the time when +the Assiento was signed, the slave-trade so increased that, scarcely a +year after the consummation of that momentous agreement, two heavy duty +acts were passed, because "the number of Negroes do extremely increase +in this Province, and through the afflicting providence of God, the +white persons do not proportionately multiply, by reason whereof, the +safety of the said Province is greatly endangered."[11] The trade, +however, by reason of the encouragement abroad and of increased business +activity in exporting naval stores at home, suffered scarcely any check, +although repeated acts, reciting the danger incident to a "great +importation of Negroes," were passed, laying high duties.[12] Finally, +in 1717, an additional duty of £40,[13] although due in depreciated +currency, succeeded so nearly in stopping the trade that, two years +later, all existing duties were repealed and one of £10 substituted.[14] +This continued during the time of resistance to the proprietary +government, but by 1734 the importation had again reached large +proportions. "We must therefore beg leave," the colonists write in that +year, "to inform your Majesty, that, amidst our other perilous +circumstances, we are subject to many intestine dangers from the great +number of negroes that are now among us, who amount at least to +twenty-two thousand persons, and are three to one of all your Majesty's +white subjects in this province. Insurrections against us have been +often attempted."[15] In 1740 an insurrection under a slave, Cato, at +Stono, caused such widespread alarm that a prohibitory duty of £100 was +immediately laid.[16] Importation was again checked; but in 1751 the +colony sought to devise a plan whereby the slightly restricted +immigration of Negroes should provide a fund to encourage the +importation of white servants, "to prevent the mischiefs that may be +attended by the great importation of negroes into this Province."[17] +Many white servants were thus encouraged to settle in the colony; but so +much larger was the influx of black slaves that the colony, in 1760, +totally prohibited the slave-trade. This act was promptly disallowed by +the Privy Council and the governor reprimanded;[18] but the colony +declared that "an importation of negroes, equal in number to what have +been imported of late years, may prove of the most dangerous consequence +in many respects to this Province, and the best way to obviate such +danger will be by imposing such an additional duty upon them as may +totally prevent the evils."[19] A prohibitive duty of £100 was +accordingly imposed in 1764.[20] This duty probably continued until the +Revolution. + +The war made a great change in the situation. It has been computed by +good judges that, between the years 1775 and 1783, the State of South +Carolina lost twenty-five thousand Negroes, by actual hostilities, +plunder of the British, runaways, etc. After the war the trade quickly +revived, and considerable revenue was raised from duty acts until 1787, +when by act and ordinance the slave-trade was totally prohibited.[21] +This prohibition, by renewals from time to time, lasted until 1803. + + +6. ~Restrictions in North Carolina.~ In early times there were few +slaves in North Carolina;[22] this fact, together with the troubled and +turbulent state of affairs during the early colonial period, did not +necessitate the adoption of any settled policy toward slavery or the +slave-trade. Later the slave-trade to the colony increased; but there is +no evidence of any effort to restrict or in any way regulate it before +1786, when it was declared that "the importation of slaves into this +State is productive of evil consequences and highly impolitic,"[23] and +a prohibitive duty was laid on them. + + +7. ~Restrictions in Virginia.~[24] Next to South Carolina, Virginia had +probably the largest slave-trade. Her situation, however, differed +considerably from that of her Southern neighbor. The climate, the staple +tobacco crop, and the society of Virginia were favorable to a system of +domestic slavery, but one which tended to develop into a patriarchal +serfdom rather than into a slave-consuming industrial hierarchy. The +labor required by the tobacco crop was less unhealthy than that +connected with the rice crop, and the Virginians were, perhaps, on a +somewhat higher moral plane than the Carolinians. There was consequently +no such insatiable demand for slaves in the larger colony. On the other +hand, the power of the Virginia executive was peculiarly strong, and it +was not possible here to thwart the slave-trade policy of the home +government as easily as elsewhere. + +Considering all these circumstances, it is somewhat difficult to +determine just what was the attitude of the early Virginians toward the +slave-trade. There is evidence, however, to show that although they +desired the slave-trade, the rate at which the Negroes were brought in +soon alarmed them. In 1710 a duty of £5 was laid on Negroes, but +Governor Spotswood "soon perceived that the laying so high a Duty on +Negros was intended to discourage the importation," and vetoed the +measure.[25] No further restrictive legislation was attempted for some +years, but whether on account of the attitude of the governor or the +desire of the inhabitants, is not clear. With 1723 begins a series of +acts extending down to the Revolution, which, so far as their contents +can be ascertained, seem to have been designed effectually to check the +slave-trade. Some of these acts, like those of 1723 and 1727, were +almost immediately disallowed.[26] The Act of 1732 laid a duty of 5%, +which was continued until 1769,[27] and all other duties were in +addition to this; so that by such cumulative duties the rate on slaves +reached 25% in 1755,[28] and 35% at the time of Braddock's +expedition.[29] These acts were found "very burthensome," "introductive +of many frauds," and "very inconvenient,"[30] and were so far repealed +that by 1761 the duty was only 15%. As now the Burgesses became more +powerful, two or more bills proposing restrictive duties were passed, +but disallowed.[31] By 1772 the anti-slave-trade feeling had become +considerably developed, and the Burgesses petitioned the king, declaring +that "The importation of slaves into the colonies from the coast of +Africa hath long been considered as a trade of great inhumanity, and +under its present encouragement, we have too much reason to fear _will +endanger the very existence_ of your Majesty's American dominions.... +Deeply impressed with these sentiments, we most humbly beseech your +Majesty to remove _all those restraints_ on your Majesty's governors of +this colony, _which inhibit their assenting to such laws as might check +so very pernicious a commerce_."[32] + +Nothing further appears to have been done before the war. When, in 1776, +the delegates adopted a Frame of Government, it was charged in this +document that the king had perverted his high office into a "detestable +and insupportable tyranny, by ... prompting our negroes to rise in arms +among us, those very negroes whom, by an inhuman use of his negative, he +hath refused us permission to exclude by law."[33] Two years later, in +1778, an "Act to prevent the further importation of Slaves" stopped +definitively the legal slave-trade to Virginia.[34] + + +8. ~Restrictions in Maryland.~[35] Not until the impulse of the Assiento +had been felt in America, did Maryland make any attempt to restrain a +trade from which she had long enjoyed a comfortable revenue. The Act of +1717, laying a duty of 40_s._,[36] may have been a mild restrictive +measure. The duties were slowly increased to 50_s._ in 1754,[37] and £4. +in 1763.[38] In 1771 a prohibitive duty of £9 was laid;[39] and in 1783, +after the war, all importation by sea was stopped and illegally imported +Negroes were freed.[40] + +Compared with the trade to Virginia and the Carolinas, the slave-trade +to Maryland was small, and seems at no time to have reached proportions +which alarmed the inhabitants. It was regulated to the economic demand +by a slowly increasing tariff, and finally, after 1769, had nearly +ceased of its own accord before the restrictive legislation of +Revolutionary times.[41] Probably the proximity of Maryland to Virginia +made an independent slave-trade less necessary to her. + + +9. ~General Character of these Restrictions.~ We find in the planting +colonies all degrees of advocacy of the trade, from the passiveness of +Maryland to the clamor of Georgia. Opposition to the trade did not +appear in Georgia, was based almost solely on political fear of +insurrection in Carolina, and sprang largely from the same motive in +Virginia, mingled with some moral repugnance. As a whole, it may be said +that whatever opposition to the slave-trade there was in the planting +colonies was based principally on the political fear of insurrection. + + +FOOTNOTES: + + [1] Hoare, _Memoirs of Granville Sharp_ (1820), p. 157. For + the act of prohibition, see W.B. Stevens, _History of Georgia_ + (1847), I. 311. + + [2] [B. Martyn, _Account of the Progress of Georgia_ (1741), + pp. 9-10.] + + [3] Cf. Stevens, _History of Georgia_, I. 290 ff. + + [4] Stephens, _Account of the Causes_, etc., p. 8. Cf. also + _Journal of Trustees_, II. 210; cited by Stevens, _History of + Georgia_, I. 306. + + [5] McCall, _History of Georgia_ (1811), I. 206-7. + + [6] _Ibid._ + + [7] _Pub. Rec. Office, Board of Trade_, Vol. X.; cited by C.C. + Jones, _History of Georgia_ (1883), I. 422-5. + + [8] The following is a summary of the legislation of the + colony of South Carolina; details will be found in Appendix + A:-- + + 1698, Act to encourage the immigration of white servants. + 1703, Duty Act: 10_s._ on Africans, 20_s._ on other Negroes. + 1714, " " additional duty. + 1714, " " £2. + 1714-15, Duty Act: additional duty. + 1716, " " £3 on Africans, £30 on colonial Negroes. + 1717, " " £40 in addition to existing duties. + 1719, " " £10 on Africans, £30 on colonial Negroes. + The Act of 1717, etc., was repealed. + 1721, " " £10 on Africans, £50 on colonial Negroes. + 1722, " " " " " " " + 1740, " " £100 on Africans, £150 on colonial Negroes. + 1751, " " £10 " " £50 " " + 1760, Act prohibiting importation (Disallowed). + 1764, Duty Act: additional duty of £100. + 1783, " " £3 on Africans, £20 on colonial Negroes. + 1784, " " " " £5 " " + 1787, Art and Ordinance prohibiting importation. + + [9] Cf. Hewatt, _Historical Account of S. Carolina and + Georgia_ (1779), I. 120 ff.; reprinted in _S.C. Hist. Coll._ + (1836), I. 108 ff. + + [10] Cooper, _Statutes at Large of S. Carolina_, II. 153. + + [11] The text of the first act is not extant: cf. Cooper, + _Statutes_, III. 56. For the second, see Cooper, VII. 365, + 367. + + [12] Cf. Grimké, _Public Laws of S. Carolina_, p. xvi, No. + 362; Cooper, _Statutes_, II. 649. Cf. also _Governor Johnson + to the Board of Trade_, Jan. 12, 1719-20; reprinted in Rivers, + _Early History of S. Carolina_ (1874), App., xii. + + [13] Cooper, _Statutes_, VII. 368. + + [14] _Ibid._, III. 56. + + [15] From a memorial signed by the governor, President of the + Council, and Speaker of the House, dated April 9, 1734, + printed in Hewatt, _Historical Account of S. Carolina and + Georgia_ (1779), II. 39; reprinted in S.C. Hist. Coll. (1836), + I. 305-6. Cf. _N.C. Col. Rec._, II. 421. + + [16] Cooper, _Statutes_, III. 556; Grimké, _Public Laws_, p. + xxxi, No. 694. Cf. Ramsay, _History of S. Carolina_, I. 110. + + [17] Cooper, _Statutes_, III. 739. + + [18] The text of this law has not been found. Cf. Burge, + _Commentaries on Colonial and Foreign Laws_, I. 737, note; + Stevens, _History of Georgia_, I. 286. See instructions of the + governor of New Hampshire, June 30, 1761, in Gordon, _History + of the American Revolution_, I. letter 2. + + [19] Cooper, _Statutes_, IV. 187. + + [20] This duty avoided the letter of the English instructions + by making the duty payable by the first purchasers, and not by + the importers. Cf. Cooper, _Statutes_, IV. 187. + + [21] Grimké, Public Laws, p. lxviii, Nos. 1485, 1486; Cooper, + _Statutes_, VII. 430. + + [22] Cf. _N.C. Col. Rec._, IV. 172. + + [23] Martin, _Iredell's Acts of Assembly_, I. 413, 492. + + [24] The following is a summary of the legislation of the + colony of Virginia; details will be found in Appendix A:-- + + 1710, Duty Act: proposed duty of £5. + 1723, " " prohibitive (?). + 1727, " " " + 1732, " " 5%. + 1736, " " " + 1740, " " additional duty of 5%. + 1754, " " " " 5%. + 1755, " " " " 10% (Repealed, 1760). + 1757, " " " " 10% (Repealed, 1761). + 1759, " " 20% on colonial slaves. + 1766, " " additional duty of 10% (Disallowed?). + 1769, " " " " " " + 1772, " " £5 on colonial slaves. + Petition of Burgesses _vs._ Slave-trade. + 1776, Arraignment of the king in the adopted Frame of Government. + 1778, Importation prohibited. + + [25] _Letters of Governor Spotswood_, in _Va. Hist. Soc. + Coll._, New Ser., I. 52. + + [26] Hening, _Statutes at Large of Virginia_, IV. 118, 182. + + [27] _Ibid._, IV. 317, 394; V. 28, 160, 318; VI. 217, 353; + VII. 281; VIII. 190, 336, 532. + + [28] _Ibid._, V. 92; VI. 417, 419, 461, 466. + + [29] _Ibid._, VII. 69, 81. + + [30] _Ibid._, VII. 363, 383. + + [31] _Ibid._, VIII. 237, 337. + + [32] _Miscellaneous Papers, 1672-1865_, in _Va. Hist. Soc. + Coll._, New Ser., VI. 14; Tucker, _Blackstone's Commentaries_, + I. Part II. App., 51. + + [33] Hening, _Statutes_, IX. 112. + + [34] Importation by sea or by land was prohibited, with a + penalty of £1000 for illegal importation and £500 for buying + or selling. The Negro was freed, if illegally brought in. This + law was revised somewhat in 1785. Cf. Hening, _Statutes_, IX. + 471; XII. 182. + + [35] The following is a summary of the legislation of the + colony of Maryland; details will be found in Appendix A:-- + + 1695, Duty Act: 10_s._ + 1704, " " 20_s._ + 1715, " " " + 1717, " " additional duty of 40_s._ (?). + 1754, " " " " 10_s._, total 50_s._ + 1756, " " " " 20_s._ " 40_s._ (?). + 1763, " " " " £2 " £4. + 1771, " " " " £5 " £9. + 1783, Importation prohibited. + + [36] _Compleat Coll. Laws of Maryland_ (ed. 1727), p. 191; + Bacon, _Laws of Maryland at Large_, 1728, ch. 8. + + [37] Bacon, _Laws_, 1754, ch. 9, 14. + + [38] _Ibid._, 1763, ch. 28. + + [39] _Laws of Maryland since 1763_: 1771, ch. 7. Cf. _Ibid._: + 1777, sess. Feb.-Apr., ch. 18. + + [40] _Ibid._: 1783, sess. Apr.-June, ch. 23. + + [41] "The last importation of slaves into Maryland was, as I + am credibly informed, in the year 1769": William Eddis, + _Letters from America_ (London, 1792), p. 65, note. + + The number of slaves in Maryland has been estimated as follows:-- + + In 1704, 4,475. _Doc. rel. Col. Hist. New York_, V. 605. + " 1710, 7,935. _Ibid._ + " 1712, 8,330. Scharf, _History of Maryland_, I. 377. + " 1719, 25,000. _Doc. rel. Col. Hist. New York_, V. 605. + " 1748, 36,000. McMahon, _History of Maryland_, I. 313. + " 1755, 46,356. _Gentleman's Magazine_, XXXIV. 261. + " 1756, 46,225. McMahon, _History of Maryland_, I. 313. + " 1761, 49,675. Dexter, _Colonial Population_, p. 21, note. + " 1782, 83,362. _Encyclopædia Britannica_ (9th ed.), XV. 603. + " 1787, 80,000. Dexter, _Colonial Population_, p. 21, note. + + * * * * * + + + + +_Chapter III_ + +THE FARMING COLONIES. + + 10. Character of these Colonies. + 11. The Dutch Slave-Trade. + 12. Restrictions in New York. + 13. Restrictions in Pennsylvania and Delaware. + 14. Restrictions in New Jersey. + 15. General Character of these Restrictions. + + +10. ~Character of these Colonies.~ The colonies of this group, occupying +the central portion of the English possessions, comprise those +communities where, on account of climate, physical characteristics, and +circumstances of settlement, slavery as an institution found but a +narrow field for development. The climate was generally rather cool for +the newly imported slaves, the soil was best suited to crops to which +slave labor was poorly adapted, and the training and habits of the great +body of settlers offered little chance for the growth of a slave system. +These conditions varied, of course, in different colonies; but the +general statement applies to all. These communities of small farmers and +traders derived whatever opposition they had to the slave-trade from +three sorts of motives,--economic, political, and moral. First, the +importation of slaves did not pay, except to supply a moderate demand +for household servants. Secondly, these colonies, as well as those in +the South, had a wholesome political fear of a large servile population. +Thirdly, the settlers of many of these colonies were of sterner moral +fibre than the Southern cavaliers and adventurers, and, in the absence +of great counteracting motives, were more easily led to oppose the +institution and the trade. Finally, it must be noted that these colonies +did not so generally regard themselves as temporary commercial +investments as did Virginia and Carolina. Intending to found permanent +States, these settlers from the first more carefully studied the +ultimate interests of those States. + + +11. ~The Dutch Slave-Trade.~ The Dutch seem to have commenced the +slave-trade to the American continent, the Middle colonies and some of +the Southern receiving supplies from them. John Rolfe relates that the +last of August, 1619, there came to Virginia "a dutch man of warre that +sold us twenty Negars."[1] This was probably one of the ships of the +numerous private Dutch trading-companies which early entered into and +developed the lucrative African slave-trade. Ships sailed from Holland +to Africa, got slaves in exchange for their goods, carried the slaves to +the West Indies or Brazil, and returned home laden with sugar.[2] +Through the enterprise of one of these trading-companies the settlement +of New Amsterdam was begun, in 1614. In 1621 the private companies +trading in the West were all merged into the Dutch West India Company, +and given a monopoly of American trade. This company was very active, +sending in four years 15,430 Negroes to Brazil,[3] carrying on war with +Spain, supplying even the English plantations,[4] and gradually becoming +the great slave carrier of the day. + +The commercial supremacy of the Dutch early excited the envy and +emulation of the English. The Navigation Ordinance of 1651 was aimed at +them, and two wars were necessary to wrest the slave-trade from them and +place it in the hands of the English. The final terms of peace among +other things surrendered New Netherland to England, and opened the way +for England to become henceforth the world's greatest slave-trader. +Although the Dutch had thus commenced the continental slave-trade, they +had not actually furnished a very large number of slaves to the English +colonies outside the West Indies. A small trade had, by 1698, brought a +few thousand to New York, and still fewer to New Jersey.[5] It was left +to the English, with their strong policy in its favor, to develop this +trade. + + +12. ~Restrictions in New York.~[6] The early ordinances of the Dutch, +laying duties, generally of ten per cent, on slaves, probably proved +burdensome to the trade, although this was not intentional.[7] The +Biblical prohibition of slavery and the slave-trade, copied from New +England codes into the Duke of York's Laws, had no practical +application,[8] and the trade continued to be encouraged in the +governors' instructions. In 1709 a duty of £3 was laid on Negroes from +elsewhere than Africa.[9] This was aimed at West India slaves, and was +prohibitive. By 1716 the duty on all slaves was £1 12½_s._, which was +probably a mere revenue figure.[10] In 1728 a duty of 40_s._ was laid, +to be continued until 1737.[11] It proved restrictive, however, and on +the "humble petition of the Merchants and Traders of the City of +Bristol" was disallowed in 1735, as "greatly prejudicial to the Trade +and Navigation of this Kingdom."[12] Governor Cosby was also reminded +that no duties on slaves payable by the importer were to be laid. Later, +in 1753, the 40_s._ duty was restored, but under the increased trade of +those days was not felt.[13] No further restrictions seem to have been +attempted until 1785, when the sale of slaves in the State was +forbidden.[14] + +The chief element of restriction in this colony appears to have been the +shrewd business sense of the traders, who never flooded the slave +market, but kept a supply sufficient for the slowly growing demand. +Between 1701 and 1726 only about 2,375 slaves were imported, and in 1774 +the total slave population amounted to 21,149.[15] No restriction was +ever put by New York on participation in the trade outside the colony, +and in spite of national laws New York merchants continued to be engaged +in this traffic even down to the Civil War.[16] + +Vermont, who withdrew from New York in 1777, in her first +Constitution[17] declared slavery illegal, and in 1786 stopped by law +the sale and transportation of slaves within her boundaries.[18] + + +13. ~Restrictions in Pennsylvania and Delaware.~[19] One of the first +American protests against the slave-trade came from certain German +Friends, in 1688, at a Weekly Meeting held in Germantown, Pennsylvania. +"These are the reasons," wrote "Garret henderich, derick up de graeff, +Francis daniell Pastorius, and Abraham up Den graef," "why we are +against the traffick of men-body, as followeth: Is there any that would +be done or handled at this manner?... Now, tho they are black, we cannot +conceive there is more liberty to have them slaves, as it is to have +other white ones. There is a saying, that we shall doe to all men like +as we will be done ourselves; making no difference of what generation, +descent or colour they are. And those who steal or robb men, and those +who buy or purchase them, are they not all alike?"[20] This little +leaven helped slowly to work a revolution in the attitude of this great +sect toward slavery and the slave-trade. The Yearly Meeting at first +postponed the matter, "It having so General a Relation to many other +Parts."[21] Eventually, however, in 1696, the Yearly Meeting advised +"That Friends be careful not to encourage the bringing in of any more +Negroes."[22] This advice was repeated in stronger terms for a +quarter-century,[23] and by that time Sandiford, Benezet, Lay, and +Woolman had begun their crusade. In 1754 the Friends took a step farther +and made the purchase of slaves a matter of discipline.[24] Four years +later the Yearly Meeting expressed itself clearly as "against every +branch of this practice," and declared that if "any professing with us +should persist to vindicate it, and be concerned in importing, selling +or purchasing slaves, the respective Monthly Meetings to which they +belong should manifest their disunion with such persons."[25] Further, +manumission was recommended, and in 1776 made compulsory.[26] The effect +of this attitude of the Friends was early manifested in the legislation +of all the colonies where the sect was influential, and particularly in +Pennsylvania. + +One of the first duty acts (1710) laid a restrictive duty of 40_s._ on +slaves, and was eventually disallowed.[27] In 1712 William Southeby +petitioned the Assembly totally to abolish slavery. This the Assembly +naturally refused to attempt; but the same year, in response to another +petition "signed by many hands," they passed an "Act to prevent the +Importation of Negroes and Indians,"[28]--the first enactment of its +kind in America. This act was inspired largely by the general fear of +insurrection which succeeded the "Negro-plot" of 1712 in New York. It +declared: "Whereas, divers Plots and Insurrections have frequently +happened, not only in the Islands but on the Main Land of _America_, by +Negroes, which have been carried on so far that several of the +inhabitants have been barbarously Murthered, an Instance whereof we have +lately had in our Neighboring Colony of _New York_,"[29] etc. It then +proceeded to lay a prohibitive duty of £20 on all slaves imported. These +acts were quickly disposed of in England. Three duty acts affecting +Negroes, including the prohibitory act, were in 1713 disallowed, and it +was directed that "the Dep^{ty} Gov^{r} Council and Assembly of +Pensilvania, be & they are hereby Strictly Enjoyned & required not to +permit the said Laws ... to be from henceforward put in Execution."[30] +The Assembly repealed these laws, but in 1715 passed another laying a +duty of £5, which was also eventually disallowed.[31] Other acts, the +provisions of which are not clear, were passed in 1720 and 1722,[32] and +in 1725-1726 the duty on Negroes was raised to the restrictive figure of +£10.[33] This duty, for some reason not apparent, was lowered to £2 in +1729,[34] but restored again in 1761.[35] A struggle occurred over this +last measure, the Friends petitioning for it, and the Philadelphia +merchants against it, declaring that "We, the subscribers, ever desirous +to extend the Trade of this Province, have seen, for some time past, +the many inconveniencys the Inhabitants have suffer'd for want of +Labourers and artificers, ... have for some time encouraged the +importation of Negroes;" they prayed therefore at least for a delay in +passing the measure.[36] The law, nevertheless, after much debate and +altercation with the governor, finally passed. + +These repeated acts nearly stopped the trade, and the manumission or +sale of Negroes by the Friends decreased the number of slaves in the +province. The rising spirit of independence enabled the colony, in 1773, +to restore the prohibitive duty of £20 and make it perpetual.[37] After +the Revolution unpaid duties on slaves were collected and the slaves +registered,[38] and in 1780 an "Act for the gradual Abolition of +Slavery" was passed.[39] As there were probably at no time before the +war more than 11,000 slaves in Pennsylvania,[40] the task thus +accomplished was not so formidable as in many other States. As it was, +participation in the slave-trade outside the colony was not prohibited +until 1788.[41] + +It seems probable that in the original Swedish settlements along the +Delaware slavery was prohibited.[42] This measure had, however, little +practical effect; for as soon as the Dutch got control the slave-trade +was opened, although, as it appears, to no large extent. After the fall +of the Dutch Delaware came into English hands. Not until 1775 do we find +any legislation on the slave-trade. In that year the colony attempted +to prohibit the importation of slaves, but the governor vetoed the +bill.[43] Finally, in 1776 by the Constitution, and in 1787 by law, +importation and exportation were both prohibited.[44] + + +14. ~Restrictions in New Jersey.~[45] Although the freeholders of West +New Jersey declared, in 1676, that "all and every Person and Persons +Inhabiting the said Province, shall, as far as in us lies, be free from +Oppression and Slavery,"[46] yet Negro slaves are early found in the +colony.[47] The first restrictive measure was passed, after considerable +friction between the Council and the House, in 1713; it laid a duty of +£10, currency.[48] Governor Hunter explained to the Board of Trade that +the bill was "calculated to Encourage the Importation of white Servants +for the better Peopeling that Country."[49] How long this act continued +does not appear; probably, not long. No further legislation was enacted +until 1762 or 1763, when a prohibitive duty was laid on account of "the +inconvenience the Province is exposed to in lying open to the free +importation of Negros, when the Provinces on each side have laid duties +on them."[50] The Board of Trade declared that while they did not object +to "the Policy of imposing a reasonable duty," they could not assent to +this, and the act was disallowed.[51] The Act of 1769 evaded the +technical objection of the Board of Trade, and laid a duty of £15 on the +first purchasers of Negroes, because, as the act declared, "Duties on +the Importation of Negroes in several of the neighbouring Colonies +hath, on Experience, been found beneficial in the Introduction of sober, +industrious Foreigners."[52] In 1774 a bill which, according to the +report of the Council to Governor Morris, "plainly intended an entire +Prohibition of all Slaves being imported from foreign Parts," was thrown +out by the Council.[53] Importation was finally prohibited in 1786.[54] + + +15. ~General Character of these Restrictions.~ The main difference in +motive between the restrictions which the planting and the farming +colonies put on the African slave-trade, lay in the fact that the former +limited it mainly from fear of insurrection, the latter mainly because +it did not pay. Naturally, the latter motive worked itself out with much +less legislation than the former; for this reason, and because they held +a smaller number of slaves, most of these colonies have fewer actual +statutes than the Southern colonies. In Pennsylvania alone did this +general economic revolt against the trade acquire a distinct moral +tinge. Although even here the institution was naturally doomed, yet the +clear moral insight of the Quakers checked the trade much earlier than +would otherwise have happened. We may say, then, that the farming +colonies checked the slave-trade primarily from economic motives. + + +FOOTNOTES: + + [1] Smith, _Generall Historie of Virginia_ (1626 and 1632), p. 126. + + [2] Cf. Southey, _History of Brazil_. + + [3] De Laet, in O'Callaghan, _Voyages of the Slavers_, etc., p. viii. + + [4] See, e.g., Sainsbury, _Cal. State Papers; Col. Ser., + America and W. Indies, 1574-1660_, p. 279. + + [5] Cf. below, pp. 27, 32, notes; also _Freedoms_, XXX., in + O'Callaghan, _Laws of New Netherland, 1638-74_ (ed. 1868), p. + 10; Brodhead, _History of New York_, I. 312. + + [6] The following is a summary of the legislation of the + colony of New York; details will be found in Appendix A:-- + + 1709, Duty Act: £3 on Negroes not direct from Africa + (Continued by the Acts of 1710, 1711). + 1711, Bill to lay further duty, lost in Council. + 1716, Duty Act: 5 oz. plate on Africans in colony ships. + 10 oz. plate on Africans in other ships. + 1728, " " 40_s._ on Africans, £4 on colonial Negroes. + 1732, " " 40_s._ on Africans, £4 on colonial Negroes. + 1734, " " (?) + 1753, " " 40_s._ on Africans, £4 on colonial Negroes. + (This act was annually continued.) + [1777, Vermont Constitution does not recognize slavery.] + 1785, Sale of slaves in State prohibited. + [1786, " " in Vermont prohibited.] + 1788, " " in State prohibited. + + [7] O'Callaghan, _Laws of New Netherland, 1638-74_, pp. 31, + 348, etc. The colonists themselves were encouraged to trade, + but the terms were not favorable enough: _Doc. rel. Col. Hist. + New York_, I. 246; _Laws of New Netherland_, pp. 81-2, note, + 127. The colonists declared "that they are inclined to a + foreign Trade, and especially to the Coast of _Africa_, ... in + order to fetch thence Slaves": O'Callaghan, _Voyages of the + Slavers_, etc., p. 172. + + [8] _Charter to William Penn_, etc. (1879), p. 12. First + published on Long Island in 1664. Possibly Negro slaves were + explicitly excepted. Cf. _Magazine of American History_, XI. + 411, and _N.Y. Hist. Soc. Coll._, I. 322. + + [9] _Acts of Assembly, 1691-1718_, pp. 97, 125, 134; _Doc. + rel. Col. Hist. New York_, V. 178, 185, 293. + + [10] The Assembly attempted to raise the slave duty in 1711, + but the Council objected (_Doc. rel. Col. Hist. New York_, V. + 292 ff.), although, as it seems, not on account of the slave + duty in particular. Another act was passed between 1711 and + 1716, but its contents are not known (cf. title of the Act of + 1716). For the Act of 1716, see _Acts of Assembly, 1691-1718_, + p. 224. + + [11] _Doc. rel. Col. Hist. New York_, VI. 37, 38. + + [12] _Doc. rel. Col. Hist. New York_, VI. 32-4. + + [13] _Ibid._, VII. 907. This act was annually renewed. The + slave duty remained a chief source of revenue down to 1774. + Cf. _Report of Governor Tryon_, in _Doc. rel. Col. Hist. New + York_, VIII. 452. + + [14] _Laws of New York, 1785-88_ (ed. 1886), ch. 68, p. 121. + Substantially the same act reappears in the revision of the + laws of 1788: _Ibid._, ch. 40, p. 676. + + [15] The slave population of New York has been estimated as + follows:-- + + In 1698, 2,170. _Doc. rel. Col. Hist. New York_, IV. 420. + " 1703, 2,258. _N.Y. Col. MSS._, XLVIII.; cited in Hough, + _N.Y. Census, 1855_, Introd. + " 1712, 2,425. _Ibid._, LVII., LIX. (a partial census). + " 1723, 6,171. _Doc. rel. Col. Hist. New York_, V. 702. + " 1731, 7,743. _Ibid._, V. 929. + " 1737, 8,941. _Ibid._, VI. 133. + " 1746, 9,107. _Ibid._, VI. 392. + " 1749, 10,692. _Ibid._, VI. 550. + " 1756, 13,548. _London Doc._, XLIV. 123; cited in Hough, + as above. + " 1771, 19,863. _Ibid._, XLIV. 144; cited in Hough, as above. + " 1774, 21,149. _Ibid._, " " " " " + " 1786, 18,889. _Deeds in office Sec. of State_, XXII. 35. + + Total number of Africans imported from 1701 to 1726, 2,375, + of whom 802 were from Africa: O'Callaghan, _Documentary + History of New York_, I. 482. + + [16] Cf. below, Chapter XI. + + [17] _Vermont State Papers, 1779-86_, p. 244. The return of + sixteen slaves in Vermont, by the first census, was an error: + _New England Record_, XXIX. 249. + + [18] _Vermont State Papers_, p. 505. + + [19] The following is a summary of the legislation of the + colony of Pennsylvania and Delaware; details will be found in + Appendix A:-- + + 1705, Duty Act: (?). + 1710, " " 40_s._ (Disallowed). + 1712, " " £20 " + 1712, " " supplementary to the Act of 1710. + 1715, " " £5 (Disallowed). + 1718, " " + 1720, " " (?). + 1722, " " (?). + 1725-6, " " £10. + 1726, " " + 1729, " " £2. + 1761, " " £10. + 1761, " " (?). + 1768, " " re-enactment of the Act of 1761. + 1773, " " perpetual additional duty of £10; total, £20. + 1775, Bill to prohibit importation vetoed by the governor (Delaware). + 1775, Bill to prohibit importation vetoed by the governor. + 1778, Back duties on slaves ordered collected. + 1780, Act for the gradual abolition of slavery. + 1787, Act to prevent the exportation of slaves (Delaware). + 1788, Act to prevent the slave-trade. + + [20] From fac-simile copy, published at Germantown in 1880. + Cf. Whittier's poem, "Pennsylvania Hall" (_Poetical Works_, + Riverside ed., III. 62); and Proud, _History of Pennsylvania_ + (1797), I. 219. + + [21] From fac-simile copy, published at Germantown in 1880. + + [22] Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. + Mem._ (1864), I. 383. + + [23] Cf. Bettle, _Notices of Negro Slavery, passim_. + + [24] Janney, _History of the Friends_, III. 315-7. + + [25] _Ibid._, III. 317. + + [26] Bettle, in _Penn. Hist. Soc. Mem._, I. 395. + + [27] _Penn. Col. Rec._ (1852), II. 530; Bettle, in _Penn. + Hist. Soc. Mem._, I. 415. + + [28] _Laws of Pennsylvania, collected_, etc., 1714, p. 165; + Bettle, in _Penn. Hist. Soc. Mem._, I. 387. + + [29] See preamble of the act. + + [30] The Pennsylvanians did not allow their laws to reach + England until long after they were passed: _Penn. Archives_, + I. 161-2; _Col. Rec._, II. 572-3. These acts were disallowed + Feb. 20, 1713. Another duty act was passed in 1712, + supplementary to the Act of 1710 (_Col. Rec._, II. 553). The + contents are unknown. + + [31] _Acts and Laws of Pennsylvania_, 1715, p. 270; Chalmers, + _Opinions_, II. 118. Before the disallowance was known, the + act had been continued by the Act of 1718: Carey and Bioren, + _Laws of Pennsylvania, 1700-1802_, I. 118; _Penn. Col. Rec._, + III. 38. + + [32] Carey and Bioren, _Laws_, I. 165; _Penn. Col. Rec._, III. + 171; Bettle, in _Penn. Hist. Soc. Mem._, I. 389, note. + + [33] Carey and Bioren, _Laws_, I. 214; Bettle, in _Penn. Hist. + Soc. Mem._, I. 388. Possibly there were two acts this year. + + [34] _Laws of Pennsylvania_ (ed. 1742), p. 354, ch. 287. + Possibly some change in the currency made this change appear + greater than it was. + + [35] Carey and Bioren, _Laws_, I. 371; _Acts of Assembly_ (ed. + 1782), p. 149; Dallas, _Laws_, I. 406, ch. 379. This act was + renewed in 1768: Carey and Bioren, _Laws_, I. 451; _Penn. Col. + Rec._, IX. 472, 637, 641. + + [36] _Penn. Col. Rec._, VIII. 576. + + [37] A large petition called for this bill. Much altercation + ensued with the governor: Dallas, _Laws_, I. 671, ch. 692; + _Penn. Col. Rec._, X. 77; Bettle, in _Penn. Hist. Soc. Mem._, + I. 388-9. + + [38] Dallas, _Laws_, I. 782, ch. 810. + + [39] _Ibid._, I. 838, ch. 881. + + [40] There exist but few estimates of the number of slaves in + this colony:-- + + In 1721, 2,500-5,000. _Doc. rel. Col. Hist. New York_, V. 604. + " 1754, 11,000. Bancroft, _Hist. of United States_ (1883), + II. 391. + " 1760, very few." Burnaby, _Travels through N. Amer._ (2d ed.), + p. 81. + " 1775, 2,000. _Penn. Archives_, IV 597. + + [41] Dallas, _Laws_, II. 586. + + [42] Cf. _Argonautica Gustaviana_, pp. 21-3; _Del. Hist. Soc. + Papers_, III. 10; _Hazard's Register_, IV. 221, §§ 23, 24; + _Hazard's Annals_, p. 372; Armstrong, _Record of Upland + Court_, pp. 29-30, and notes. + + [43] Force, _American Archives_, 4th Ser., II. 128-9. + + [44] _Ibid._, 5th Ser., I. 1178; _Laws of Delaware, 1797_ + (Newcastle ed.), p. 884, ch. 145 b. + + [45] The following is a summary of the legislation of the + colony of New Jersey; details will be found in Appendix A:-- + + 1713, Duty Act: £10. + 1763 (?), Duty Act. + 1769, " " £15. + 1774, " " £5 on Africans, £10 on colonial Negroes. + 1786, Importation prohibited. + + [46] Leaming and Spicer, _Grants, Concessions_, etc., p. 398. + Probably this did not refer to Negroes at all. + + [47] Cf. Vincent, _History of Delaware_, I. 159, 381. + + [48] _Laws and Acts of New Jersey, 1703-17_ (ed. 1717), p. 43. + + [49] _N.J. Archives_, IV. 196. There was much difficulty in + passing the bill: _Ibid._, XIII. 516-41. + + [50] _Ibid._, IX. 345-6. The exact provisions of the act I + have not found. + + [51] _Ibid._, IX. 383, 447, 458. Chiefly because the duty was + laid on the importer. + + [52] Allinson, _Acts of Assembly_, pp. 315-6. + + [53] _N.J. Archives_, VI. 222. + + [54] _Acts of the 10th General Assembly_, May 2, 1786. There + are two estimates of the number of slaves in this colony:-- + + In 1738, 3,981. _American Annals_, II. 127. + " 1754, 4,606. " " II. 143. + + * * * * * + + + + +_Chapter IV_ + +THE TRADING COLONIES. + + 16. Character of these Colonies. + 17. New England and the Slave-Trade. + 18. Restrictions in New Hampshire. + 19. Restrictions in Massachusetts. + 20. Restrictions in Rhode Island. + 21. Restrictions in Connecticut. + 22. General Character of these Restrictions. + + +16. ~Character of these Colonies.~ The rigorous climate of New England, +the character of her settlers, and their pronounced political views gave +slavery an even slighter basis here than in the Middle colonies. The +significance of New England in the African slave-trade does not +therefore lie in the fact that she early discountenanced the system of +slavery and stopped importation; but rather in the fact that her +citizens, being the traders of the New World, early took part in the +carrying slave-trade and furnished slaves to the other colonies. An +inquiry, therefore, into the efforts of the New England colonies to +suppress the slave-trade would fall naturally into two parts: first, and +chiefly, an investigation of the efforts to stop the participation of +citizens in the carrying slave-trade; secondly, an examination of the +efforts made to banish the slave-trade from New England soil. + + +17. ~New England and the Slave-Trade.~ Vessels from Massachusetts,[1] +Rhode Island,[2] Connecticut,[3] and, to a less extent, from New +Hampshire,[4] were early and largely engaged in the carrying +slave-trade. "We know," said Thomas Pemberton in 1795, "that a large +trade to Guinea was carried on for many years by the citizens of +Massachusetts Colony, who were the proprietors of the vessels and their +cargoes, out and home. Some of the slaves purchased in Guinea, and I +suppose the greatest part of them, were sold in the West Indies."[5] Dr. +John Eliot asserted that "it made a considerable branch of our +commerce.... It declined very little till the Revolution."[6] Yet the +trade of this colony was said not to equal that of Rhode Island. Newport +was the mart for slaves offered for sale in the North, and a point of +reshipment for all slaves. It was principally this trade that raised +Newport to her commercial importance in the eighteenth century.[7] +Connecticut, too, was an important slave-trader, sending large numbers +of horses and other commodities to the West Indies in exchange for +slaves, and selling the slaves in other colonies. + +This trade formed a perfect circle. Owners of slavers carried slaves to +South Carolina, and brought home naval stores for their ship-building; +or to the West Indies, and brought home molasses; or to other colonies, +and brought home hogsheads. The molasses was made into the highly prized +New England rum, and shipped in these hogsheads to Africa for more +slaves.[8] Thus, the rum-distilling industry indicates to some extent +the activity of New England in the slave-trade. In May, 1752, one +Captain Freeman found so many slavers fitting out that, in spite of the +large importations of molasses, he could get no rum for his vessel.[9] +In Newport alone twenty-two stills were at one time running +continuously;[10] and Massachusetts annually distilled 15,000 hogsheads +of molasses into this "chief manufacture."[11] + +Turning now to restrictive measures, we must first note the measures of +the slave-consuming colonies which tended to limit the trade. These +measures, however, came comparatively late, were enforced with varying +degrees of efficiency, and did not seriously affect the slave-trade +before the Revolution. The moral sentiment of New England put some check +upon the trade. Although in earlier times the most respectable people +took ventures in slave-trading voyages, yet there gradually arose a +moral sentiment which tended to make the business somewhat +disreputable.[12] In the line, however, of definite legal enactments to +stop New England citizens from carrying slaves from Africa to any place +in the world, there were, before the Revolution, none. Indeed, not until +the years 1787-1788 was slave-trading in itself an indictable offence in +any New England State. + +The particular situation in each colony, and the efforts to restrict the +small importing slave-trade of New England, can best be studied in a +separate view of each community. + + +18. ~Restrictions in New Hampshire.~ The statistics of slavery in New +Hampshire show how weak an institution it always was in that colony.[13] +Consequently, when the usual instructions were sent to Governor +Wentworth as to the encouragement he must give to the slave-trade, the +House replied: "We have considered his Maj^{ties} Instruction relating +to an Impost on Negroes & Felons, to which this House answers, that +there never was any duties laid on either, by this Goverm^{t}, and so +few bro't in that it would not be worth the Publick notice, so as to +make an act concerning them."[14] This remained true for the whole +history of the colony. Importation was never stopped by actual +enactment, but was eventually declared contrary to the Constitution of +1784.[15] The participation of citizens in the trade appears never to +have been forbidden. + + +19. ~Restrictions in Massachusetts.~ The early Biblical codes of +Massachusetts confined slavery to "lawfull Captives taken in iust +warres, & such strangers as willingly selle themselves or are sold to +us."[16] The stern Puritanism of early days endeavored to carry this out +literally, and consequently when a certain Captain Smith, about 1640, +attacked an African village and brought some of the unoffending natives +home, he was promptly arrested. Eventually, the General Court ordered +the Negroes sent home at the colony's expense, "conceiving themselues +bound by y^e first oportunity to bear witnes against y^e haynos & crying +sinn of manstealing, as also to P'scribe such timely redresse for what +is past, & such a law for y^e future as may sufficiently deterr all +oth^{r}s belonging to us to have to do in such vile & most odious +courses, iustly abhored of all good & iust men."[17] + +The temptation of trade slowly forced the colony from this high moral +ground. New England ships were early found in the West Indian +slave-trade, and the more the carrying trade developed, the more did the +profits of this branch of it attract Puritan captains. By the beginning +of the eighteenth century the slave-trade was openly recognized as +legitimate commerce; cargoes came regularly to Boston, and "The +merchants of Boston quoted negroes, like any other merchandise demanded +by their correspondents."[18] At the same time, the Puritan conscience +began to rebel against the growth of actual slavery on New England soil. +It was a much less violent wrenching of moral ideas of right and wrong +to allow Massachusetts men to carry slaves to South Carolina than to +allow cargoes to come into Boston, and become slaves in Massachusetts. +Early in the eighteenth century, therefore, opposition arose to the +further importation of Negroes, and in 1705 an act "for the Better +Preventing of a Spurious and Mixt Issue," laid a restrictive duty of £4 +on all slaves imported.[19] One provision of this act plainly +illustrates the attitude of Massachusetts: like the acts of many of the +New England colonies, it allowed a rebate of the whole duty on +re-exportation. The harbors of New England were thus offered as a free +exchange-mart for slavers. All the duty acts of the Southern and Middle +colonies allowed a rebate of one-half or three-fourths of the duty on +the re-exportation of the slave, thus laying a small tax on even +temporary importation. + +The Act of 1705 was evaded, but it was not amended until 1728, when the +penalty for evasion was raised to £100.[20] The act remained in force, +except possibly for one period of four years, until 1749. Meantime the +movement against importation grew. A bill "for preventing the +Importation of Slaves into this Province" was introduced in the +Legislature in 1767, but after strong opposition and disagreement +between House and Council it was dropped.[21] In 1771 the struggle was +renewed. A similar bill passed, but was vetoed by Governor +Hutchinson.[22] The imminent war and the discussions incident to it had +now more and more aroused public opinion, and there were repeated +attempts to gain executive consent to a prohibitory law. In 1774 such a +bill was twice passed, but never received assent.[23] + +The new Revolutionary government first met the subject in the case of +two Negroes captured on the high seas, who were advertised for sale at +Salem. A resolution was introduced into the Legislature, directing the +release of the Negroes, and declaring "That the selling and enslaving +the human species is a direct violation of the natural rights alike +vested in all men by their Creator, and utterly inconsistent with the +avowed principles on which this, and the other United States, have +carried their struggle for liberty even to the last appeal." To this the +Council would not consent; and the resolution, as finally passed, merely +forbade the sale or ill-treatment of the Negroes.[24] Committees on the +slavery question were appointed in 1776 and 1777,[25] and although a +letter to Congress on the matter, and a bill for the abolition of +slavery were reported, no decisive action was taken. + +All such efforts were finally discontinued, as the system was already +practically extinct in Massachusetts and the custom of importation had +nearly ceased. Slavery was eventually declared by judicial decision to +have been abolished.[26] The first step toward stopping the +participation of Massachusetts citizens in the slave-trade outside the +State was taken in 1785, when a committee of inquiry was appointed by +the Legislature.[27] No act was, however, passed until 1788, when +participation in the trade was prohibited, on pain of £50 forfeit for +every slave and £200 for every ship engaged.[28] + + +20. ~Restrictions in Rhode Island.~ In 1652 Rhode Island passed a law +designed to prohibit life slavery in the colony. It declared that +"Whereas, there is a common course practised amongst English men to buy +negers, to that end they may have them for service or slaves forever; +for the preventinge of such practices among us, let it be ordered, that +no blacke mankind or white being forced by covenant bond, or otherwise, +to serve any man or his assighnes longer than ten yeares, or untill they +come to bee twentie four yeares of age, if they bee taken in under +fourteen, from the time of their cominge within the liberties of this +Collonie. And at the end or terme of ten yeares to sett them free, as +the manner is with the English servants. And that man that will not let +them goe free, or shall sell them away elsewhere, to that end that they +may bee enslaved to others for a long time, hee or they shall forfeit to +the Collonie forty pounds."[29] + +This law was for a time enforced,[30] but by the beginning of the +eighteenth century it had either been repealed or become a dead letter; +for the Act of 1708 recognized perpetual slavery, and laid an impost of +£3 on Negroes imported.[31] This duty was really a tax on the transport +trade, and produced a steady income for twenty years.[32] From the year +1700 on, the citizens of this State engaged more and more in the +carrying trade, until Rhode Island became the greatest slave-trader in +America. Although she did not import many slaves for her own use, she +became the clearing-house for the trade of other colonies. Governor +Cranston, as early as 1708, reported that between 1698 and 1708 one +hundred and three vessels were built in the State, all of which were +trading to the West Indies and the Southern colonies.[33] They took out +lumber and brought back molasses, in most cases making a slave voyage in +between. From this, the trade grew. Samuel Hopkins, about 1770, was +shocked at the state of the trade: more than thirty distilleries were +running in the colony, and one hundred and fifty vessels were in the +slave-trade.[34] "Rhode Island," said he, "has been more deeply +interested in the slave-trade, and has enslaved more Africans than any +other colony in New England." Later, in 1787, he wrote: "The inhabitants +of Rhode Island, especially those of Newport, have had by far the +greater share in this traffic, of all these United States. This trade in +human species has been the first wheel of commerce in Newport, on which +every other movement in business has chiefly depended. That town has +been built up, and flourished in times past, at the expense of the +blood, the liberty, and happiness of the poor Africans; and the +inhabitants have lived on this, and by it have gotten most of their +wealth and riches."[35] + +The Act of 1708 was poorly enforced. The "good intentions" of its +framers "were wholly frustrated" by the clandestine "hiding and +conveying said negroes out of the town [Newport] into the country, where +they lie concealed."[36] The act was accordingly strengthened by the +Acts of 1712 and 1715, and made to apply to importations by land as well +as by sea.[37] The Act of 1715, however, favored the trade by admitting +African Negroes free of duty. The chaotic state of Rhode Island did not +allow England often to review her legislation; but as soon as the Act of +1712 came to notice it was disallowed, and accordingly repealed in +1732.[38] Whether the Act of 1715 remained, or whether any other duty +act was passed, is not clear. + +While the foreign trade was flourishing, the influence of the Friends +and of other causes eventually led to a movement against slavery as a +local institution. Abolition societies multiplied, and in 1770 an +abolition bill was ordered by the Assembly, but it was never passed.[39] +Four years later the city of Providence resolved that "as personal +liberty is an essential part of the natural rights of mankind," the +importation of slaves and the system of slavery should cease in the +colony.[40] This movement finally resulted, in 1774, in an act +"prohibiting the importation of Negroes into this Colony,"--a law which +curiously illustrated the attitude of Rhode Island toward the +slave-trade. The preamble of the act declared: "Whereas, the inhabitants +of America are generally engaged in the preservation of their own rights +and liberties, among which, that of personal freedom must be considered +as the greatest; as those who are desirous of enjoying all the +advantages of liberty themselves, should be willing to extend personal +liberty to others;--Therefore," etc. The statute then proceeded to enact +"that for the future, no negro or mulatto slave shall be brought into +this colony; and in case any slave shall hereafter be brought in, he or +she shall be, and are hereby, rendered immediately free...." The logical +ending of such an act would have been a clause prohibiting the +participation of Rhode Island citizens in the slave-trade. Not only was +such a clause omitted, but the following was inserted instead: +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave brought from the coast of Africa, +into the West Indies, on board any vessel belonging to this colony, and +which negro or mulatto slave could not be disposed of in the West +Indies, but shall be brought into this colony. Provided, that the owner +of such negro or mulatto slave give bond ... that such negro or mulatto +slave shall be exported out of the colony, within one year from the date +of such bond; if such negro or mulatto be alive, and in a condition to +be removed."[41] + +In 1779 an act to prevent the sale of slaves out of the State was +passed,[42] and in 1784, an act gradually to abolish slavery.[43] Not +until 1787 did an act pass to forbid participation in the slave-trade. +This law laid a penalty of £100 for every slave transported and £1000 +for every vessel so engaged.[44] + + +21. ~Restrictions in Connecticut.~ Connecticut, in common with the other +colonies of this section, had a trade for many years with the West +Indian slave markets; and though this trade was much smaller than that +of the neighboring colonies, yet many of her citizens were engaged in +it. A map of Middletown at the time of the Revolution gives, among one +hundred families, three slave captains and "three notables" designated +as "slave-dealers."[45] + +The actual importation was small,[46] and almost entirely unrestricted +before the Revolution, save by a few light, general duty acts. In 1774 +the further importation of slaves was prohibited, because "the increase +of slaves in this Colony is injurious to the poor and inconvenient." The +law prohibited importation under any pretext by a penalty of £100 per +slave.[47] This was re-enacted in 1784, and provisions were made for the +abolition of slavery.[48] In 1788 participation in the trade was +forbidden, and the penalty placed at £50 for each slave and £500 for +each ship engaged.[49] + + +22. ~General Character of these Restrictions.~ Enough has already been +said to show, in the main, the character of the opposition to the +slave-trade in New England. The system of slavery had, on this soil and +amid these surroundings, no economic justification, and the small number +of Negroes here furnished no political arguments against them. The +opposition to the importation was therefore from the first based solely +on moral grounds, with some social arguments. As to the carrying trade, +however, the case was different. Here, too, a feeble moral opposition +was early aroused, but it was swept away by the immense economic +advantages of the slave traffic to a thrifty seafaring community of +traders. This trade no moral suasion, not even the strong "Liberty" cry +of the Revolution, was able wholly to suppress, until the closing of the +West Indian and Southern markets cut off the demand for slaves. + + +FOOTNOTES: + + [1] Cf. Weeden, _Economic and Social History of New England_, + II. 449-72; G.H. Moore, _Slavery in Massachusetts_; Charles + Deane, _Connection of Massachusetts with Slavery_. + + [2] Cf. _American Historical Record_, I. 311, 338. + + [3] Cf. W.C. Fowler, _Local Law in Massachusetts and + Connecticut_, etc., pp. 122-6. + + [4] _Ibid._, p. 124. + + [5] Deane, _Letters and Documents relating to Slavery in + Massachusetts_, in _Mass. Hist. Soc. Coll._, 5th Ser., III. + 392. + + [6] _Ibid._, III. 382. + + [7] Weeden, _Economic and Social History of New England_, II. + 454. + + [8] A typical voyage is that of the brigantine "Sanderson" of + Newport. She was fitted out in March, 1752, and carried, + beside the captain, two mates and six men, and a cargo of + 8,220 gallons of rum, together with "African" iron, flour, + pots, tar, sugar, and provisions, shackles, shirts, and water. + Proceeding to Africa, the captain after some difficulty sold + his cargo for slaves, and in April, 1753, he is expected in + Barbadoes, as the consignees write. They also state that + slaves are selling at £33 to £56 per head in lots. After a + stormy and dangerous voyage, Captain Lindsay arrived, June 17, + 1753, with fifty-six slaves, "all in helth & fatt." He also + had 40 oz. of gold dust, and 8 or 9 cwt. of pepper. The net + proceeds of the sale of all this was £1,324 3_d._ The captain + then took on board 55 hhd. of molasses and 3 hhd. 27 bbl. of + sugar, amounting to £911 77_s._ 2½_d._, received bills on + Liverpool for the balance, and returned in safety to Rhode + Island. He had done so well that he was immediately given a + new ship and sent to Africa again. _American Historical + Record_, I. 315-9, 338-42. + + [9] _Ibid._, I. 316. + + [10] _American Historical Record_, I. 317. + + [11] _Ibid._, I. 344; cf. Weeden, _Economic and Social History + of New England_, II. 459. + + [12] Cf. _New England Register_, XXXI. 75-6, letter of John + Saffin _et al._ to Welstead. Cf. also Sewall, _Protest_, etc. + + [13] The number of slaves in New Hampshire has been estimated + as follows: + + In 1730, 200. _N.H. Hist. Soc. Coll._, I. 229. + " 1767, 633. _Granite Monthly_, IV. 108. + " 1773, 681. _Ibid._ + " 1773, 674. _N.H. Province Papers_, X. 636. + " 1775, 479. _Granite Monthly_, IV. 108. + " 1790, 158. _Ibid._ + + [14] _N.H. Province Papers_, IV. 617. + + [15] _Granite Monthly_, VI. 377; Poore, _Federal and State + Constitutions_, pp. 1280-1. + + [16] Cf. _The Body of Liberties_, § 91, in Whitmore, + _Bibliographical Sketch of the Laws of the Massachusetts + Colony_, published at Boston in 1890. + + [17] _Mass. Col. Rec._, II. 168, 176; III. 46, 49, 84. + + [18] Weeden, _Economic and Social History of New England_, II. + 456. + + [19] _Mass. Province Laws, 1705-6_, ch. 10. + + [20] _Ibid._, _1728-9_, ch. 16; _1738-9_, ch. 27. + + [21] For petitions of towns, cf. Felt, _Annals of Salem_ + (1849), II. 416; _Boston Town Records, 1758-69_, p. 183. Cf. + also Otis's anti-slavery speech in 1761; John Adams, _Works_, + X. 315. For proceedings, see _House Journal_, 1767, pp. 353, + 358, 387, 390, 393, 408, 409-10, 411, 420. Cf. Samuel Dexter's + answer to Dr. Belknap's inquiry, Feb. 23, 1795, in Deane + (_Mass. Hist. Soc. Coll._, 5th Ser., III. 385). A committee on + slave importation was appointed in 1764. Cf. _House Journal_, + 1763-64, p. 170. + + [22] _House Journal_, 1771, pp. 211, 215, 219, 228, 234, 236, + 240, 242-3; Moore, _Slavery in Massachusetts_, pp. 131-2. + + [23] Felt, _Annals of Salem_ (1849), II. 416-7; Swan, + _Dissuasion to Great Britain_, etc. (1773), p. x; Washburn, + _Historical Sketches of Leicester, Mass._, pp. 442-3; Freeman, + _History of Cape Cod_, II. 114; Deane, in _Mass. Hist. Soc. + Coll._, 5th Ser., III. 432; Moore, _Slavery in Massachusetts_, + pp. 135-40; Williams, _History of the Negro Race in America_, + I. 234-6; _House Journal_, March, 1774, pp. 224, 226, 237, + etc.; June, 1774, pp. 27, 41, etc. For a copy of the bill, see + Moore. + + [24] _Mass. Hist. Soc. Proceedings, 1855-58_, p. 196; Force, + _American Archives_, 5th Ser., II. 769; _House Journal_, 1776, + pp. 105-9; _General Court Records_, March 13, 1776, etc., pp. + 581-9; Moore, _Slavery in Massachusetts_, pp. 149-54. Cf. + Moore, pp. 163-76. + + [25] Moore, _Slavery in Massachusetts_, pp. 148-9, 181-5. + + [26] Washburn, _Extinction of Slavery in Massachusetts_; + Haynes, _Struggle for the Constitution in Massachusetts_; La + Rochefoucauld, _Travels through the United States_, II. 166. + + [27] Moore, _Slavery in Massachusetts_, p. 225. + + [28] _Perpetual Laws of Massachusetts, 1780-89_, p. 235. The + number of slaves in Massachusetts has been estimated as + follows:-- + + In 1676, 200. Randolph's _Report_, in _Hutchinson's Coll. + of Papers_, p. 485. + " 1680, 120. Deane, _Connection of Mass. with Slavery_, + p. 28 ff. + " 1708, 550. _Ibid._; Moore, _Slavery in Mass._, p. 50. + " 1720, 2,000. _Ibid._ + " 1735, 2,600. Deane, _Connection of Mass. with Slavery_, + p. 28 ff. + " 1749, 3,000. _Ibid._ + " 1754, 4,489. _Ibid._ + " 1763, 5,000. _Ibid._ + " 1764-5, 5,779. _Ibid._ + " 1776, 5,249. _Ibid._ + " 1784, 4,377. Moore, _Slavery in Mass._, p. 51. + " 1786, 4,371. _Ibid._ + " 1790, 6,001. _Ibid._ + + [29] _R.I. Col. Rec._, I. 240. + + [30] Cf. letter written in 1681: _New England Register_, XXXI. + 75-6. Cf. also Arnold, _History of Rhode Island_, I. 240. + + [31] The text of this act is lost (_Col. Rec._, IV. 34; + Arnold, _History of Rhode Island_, II. 31). The Acts of Rhode + Island were not well preserved, the first being published in + Boston in 1719. Perhaps other whole acts are lost. + + [32] E.g., it was expended to pave the streets of Newport, to + build bridges, etc.: _R.I. Col. Rec._, IV. 191-3, 225. + + [33] _Ibid._, IV. 55-60. + + [34] Patten, _Reminiscences of Samuel Hopkins_ (1843), p. 80. + + [35] Hopkins, _Works_ (1854), II. 615. + + [36] Preamble of the Act of 1712. + + [37] _R.I. Col. Rec._, IV. 131-5, 138, 143, 191-3. + + [38] _R.I. Col. Rec._, IV. 471. + + [39] Arnold, _History of Rhode Island_, II. 304, 321, 337. For + a probable copy of the bill, see _Narragansett Historical + Register_, II. 299. + + [40] A man dying intestate left slaves, who became thus the + property of the city; they were freed, and the town made the + above resolve, May 17, 1774, in town meeting: Staples, _Annals + of Providence_ (1843), p. 236. + + [41] _R.I. Col. Rec._, VII. 251-2. + + [42] _Bartlett's Index_, p. 329; Arnold, _History of Rhode + Island_, II. 444; _R.I. Col. Rec._, VIII. 618. + + [43] _R.I. Col. Rec._, X. 7-8; Arnold, _History of Rhode + Island_, II. 506. + + [44] _Bartlett's Index_, p. 333; _Narragansett Historical + Register_, II. 298-9. The number of slaves in Rhode Island has + been estimated as follows:-- + + In 1708, 426. _R.I. Col. Rec._, IV. 59. + " 1730, 1,648. _R.I. Hist. Tracts_, No. 19, pt. 2, p. 99. + " 1749, 3,077. Williams, _History of the Negro Race in America_, + I. 281. + " 1756, 4,697. _Ibid._ + " 1774, 3,761. _R.I. Col. Rec._, VII. 253. + + [45] Fowler, _Local Law_, etc., p. 124. + + [46] The number of slaves in Connecticut has been estimated as + follows:-- + + In 1680, 30. _Conn. Col. Rec._, III. 298. + " 1730, 700. Williams, _History of the Negro Race in America_, + I. 259. + " 1756, 3,636. Fowler, _Local Law_, etc., p. 140. + " 1762, 4,590. Williams, _History of the Negro Race in America_, + I. 260. + " 1774, 6,562. Fowler, _Local Law_, etc., p. 140. + " 1782, 6,281. Fowler, _Local Law_, etc., p. 140. + " 1800, 5,281. _Ibid._, p. 141. + + [47] _Conn. Col. Rec._, XIV 329. Fowler (pp. 125-6) says that + the law was passed in 1769, as does Sanford (p. 252). I find + no proof of this. There was in Connecticut the same Biblical + legislation on the trade as in Massachusetts. Cf. _Laws of + Connecticut_ (repr. 1865), p. 9; also _Col. Rec._, I. 77. For + general duty acts, see _Col. Rec._, V 405; VIII. 22; IX. 283; + XIII. 72, 125. + + [48] _Acts and Laws of Connecticut_ (ed. 1784), pp. 233-4. + + [49] _Ibid._, pp. 368, 369, 388. + + * * * * * + + + + +_Chapter V_ + +THE PERIOD OF THE REVOLUTION. 1774-1787. + + 23. The Situation in 1774. + 24. The Condition of the Slave-Trade. + 25. The Slave-Trade and the "Association." + 26. The Action of the Colonies. + 27. The Action of the Continental Congress. + 28. Reception of the Slave-Trade Resolution. + 29. Results of the Resolution. + 30. The Slave-Trade and Public Opinion after the War. + 31. The Action of the Confederation. + + +23. ~The Situation in 1774.~ In the individual efforts of the various +colonies to suppress the African slave-trade there may be traced certain +general movements. First, from 1638 to 1664, there was a tendency to +take a high moral stand against the traffic. This is illustrated in the +laws of New England, in the plans for the settlement of Delaware and, +later, that of Georgia, and in the protest of the German Friends. The +second period, from about 1664 to 1760, has no general unity, but is +marked by statutes laying duties varying in design from encouragement to +absolute prohibition, by some cases of moral opposition, and by the slow +but steady growth of a spirit unfavorable to the long continuance of the +trade. The last colonial period, from about 1760 to 1787, is one of +pronounced effort to regulate, limit, or totally prohibit the traffic. +Beside these general movements, there are many waves of legislation, +easily distinguishable, which rolled over several or all of the colonies +at various times, such as the series of high duties following the +Assiento, and the acts inspired by various Negro "plots." + +Notwithstanding this, the laws of the colonies before 1774 had no +national unity, the peculiar circumstances of each colony determining +its legislation. With the outbreak of the Revolution came unison in +action with regard to the slave-trade, as with regard to other matters, +which may justly be called national. It was, of course, a critical +period,--a period when, in the rapid upheaval of a few years, the +complicated and diverse forces of decades meet, combine, act, and react, +until the resultant seems almost the work of chance. In the settlement +of the fate of slavery and the slave-trade, however, the real crisis +came in the calm that succeeded the storm, in that day when, in the +opinion of most men, the question seemed already settled. And indeed it +needed an exceptionally clear and discerning mind, in 1787, to deny that +slavery and the slave-trade in the United States of America were doomed +to early annihilation. It seemed certainly a legitimate deduction from +the history of the preceding century to conclude that, as the system had +risen, flourished, and fallen in Massachusetts, New York, and +Pennsylvania, and as South Carolina, Virginia, and Maryland were +apparently following in the same legislative path, the next generation +would in all probability witness the last throes of the system on our +soil. + +To be sure, the problem had its uncertain quantities. The motives of the +law-makers in South Carolina and Pennsylvania were dangerously +different; the century of industrial expansion was slowly dawning and +awakening that vast economic revolution in which American slavery was to +play so prominent and fatal a rôle; and, finally, there were already in +the South faint signs of a changing moral attitude toward slavery, which +would no longer regard the system as a temporary makeshift, but rather +as a permanent though perhaps unfortunate necessity. With regard to the +slave-trade, however, there appeared to be substantial unity of opinion; +and there were, in 1787, few things to indicate that a cargo of five +hundred African slaves would openly be landed in Georgia in 1860. + + +24. ~The Condition of the Slave-Trade.~ In 1760 England, the chief +slave-trading nation, was sending on an average to Africa 163 ships +annually, with a tonnage of 18,000 tons, carrying exports to the value +of £163,818. Only about twenty of these ships regularly returned to +England. Most of them carried slaves to the West Indies, and returned +laden with sugar and other products. Thus may be formed some idea of the +size and importance of the slave-trade at that time, although for a +complete view we must add to this the trade under the French, +Portuguese, Dutch, and Americans. The trade fell off somewhat toward +1770, but was flourishing again when the Revolution brought a sharp and +serious check upon it, bringing down the number of English slavers, +clearing, from 167 in 1774 to 28 in 1779, and the tonnage from 17,218 to +3,475 tons. After the war the trade gradually recovered, and by 1786 had +reached nearly its former extent. In 1783 the British West Indies +received 16,208 Negroes from Africa, and by 1787 the importation had +increased to 21,023. In this latter year it was estimated that the +British were taking annually from Africa 38,000 slaves; the French, +20,000; the Portuguese, 10,000; the Dutch and Danes, 6,000; a total of +74,000. Manchester alone sent £180,000 annually in goods to Africa in +exchange for Negroes.[1] + + +25. ~The Slave-Trade and the "Association."~ At the outbreak of the +Revolution six main reasons, some of which were old and of slow growth, +others peculiar to the abnormal situation of that time, led to concerted +action against the slave-trade. The first reason was the economic +failure of slavery in the Middle and Eastern colonies; this gave rise to +the presumption that like failure awaited the institution in the South. +Secondly, the new philosophy of "Freedom" and the "Rights of man," which +formed the corner-stone of the Revolution, made the dullest realize +that, at the very least, the slave-trade and a struggle for "liberty" +were not consistent. Thirdly, the old fear of slave insurrections, which +had long played so prominent a part in legislation, now gained new power +from the imminence of war and from the well-founded fear that the +British might incite servile uprisings. Fourthly, nearly all the +American slave markets were, in 1774-1775, overstocked with slaves, and +consequently many of the strongest partisans of the system were "bulls" +on the market, and desired to raise the value of their slaves by at +least a temporary stoppage of the trade. Fifthly, since the vested +interests of the slave-trading merchants were liable to be swept away by +the opening of hostilities, and since the price of slaves was low,[2] +there was from this quarter little active opposition to a cessation of +the trade for a season. Finally, it was long a favorite belief of the +supporters of the Revolution that, as English exploitation of colonial +resources had caused the quarrel, the best weapon to bring England to +terms was the economic expedient of stopping all commercial intercourse +with her. Since, then, the slave-trade had ever formed an important part +of her colonial traffic, it was one of the first branches of commerce +which occurred to the colonists as especially suited to their ends.[3] + +Such were the complicated moral, political, and economic motives which +underlay the first national action against the slave-trade. This action +was taken by the "Association," a union of the colonies entered into to +enforce the policy of stopping commercial intercourse with England. The +movement was not a great moral protest against an iniquitous traffic; +although it had undoubtedly a strong moral backing, it was primarily a +temporary war measure. + + +26. ~The Action of the Colonies.~ The earlier and largely abortive +attempts to form non-intercourse associations generally did not mention +slaves specifically, although the Virginia House of Burgesses, May 11, +1769, recommended to merchants and traders, among other things, to +agree, "That they will not import any slaves, or purchase any imported +after the first day of November next, until the said acts are +repealed."[4] Later, in 1774, when a Faneuil Hall meeting started the +first successful national attempt at non-intercourse, the slave-trade, +being at the time especially flourishing, received more attention. Even +then slaves were specifically mentioned in the resolutions of but three +States. Rhode Island recommended a stoppage of "all trade with Great +Britain, Ireland, Africa and the West Indies."[5] North Carolina, in +August, 1774, resolved in convention "That we will not import any slave +or slaves, or purchase any slave or slaves, imported or brought into +this Province by others, from any part of the world, after the first day +of _November_ next."[6] Virginia gave the slave-trade especial +prominence, and was in reality the leading spirit to force her views on +the Continental Congress. The county conventions of that colony first +took up the subject. Fairfax County thought "that during our present +difficulties and distress, no slaves ought to be imported," and said: +"We take this opportunity of declaring our most earnest wishes to see an +entire stop forever put to such a wicked, cruel, and unnatural +trade."[7] Prince George and Nansemond Counties resolved "That the +_African_ trade is injurious to this Colony, obstructs the population of +it by freemen, prevents manufacturers and other useful emigrants from +_Europe_ from settling amongst us, and occasions an annual increase of +the balance of trade against this Colony."[8] The Virginia colonial +convention, August, 1774, also declared: "We will neither ourselves +import, nor purchase any slave or slaves imported by any other person, +after the first day of _November_ next, either from _Africa_, the _West +Indies_, or any other place."[9] + +In South Carolina, at the convention July 6, 1774, decided opposition to +the non-importation scheme was manifested, though how much this was due +to the slave-trade interest is not certain. Many of the delegates wished +at least to limit the powers of their representatives, and the +Charleston Chamber of Commerce flatly opposed the plan of an +"Association." Finally, however, delegates with full powers were sent to +Congress. The arguments leading to this step were not in all cases on +the score of patriotism; a Charleston manifesto argued: "The planters +are greatly in arrears to the merchants; a stoppage of importation would +give them all an opportunity to extricate themselves from debt. The +merchants would have time to settle their accounts, and be ready with +the return of liberty to renew trade."[10] + + +27. ~The Action of the Continental Congress.~ The first Continental +Congress met September 5, 1774, and on September 22 recommended +merchants to send no more orders for foreign goods.[11] On September 27 +"Mr. Lee made a motion for a non-importation," and it was unanimously +resolved to import no goods from Great Britain after December 1, +1774.[12] Afterward, Ireland and the West Indies were also included, and +a committee consisting of Low of New York, Mifflin of Pennsylvania, Lee +of Virginia, and Johnson of Connecticut were appointed "to bring in a +Plan for carrying into Effect the Non-importation, Non-consumption, and +Non-exportation resolved on."[13] The next move was to instruct this +committee to include in the proscribed articles, among other things, +"Molasses, Coffee or Piemento from the _British_ Plantations or from +_Dominica_,"--a motion which cut deep into the slave-trade circle of +commerce, and aroused some opposition. "Will, can, the people bear a +total interruption of the West India trade?" asked Low of New York; "Can +they live without rum, sugar, and molasses? Will not this impatience and +vexation defeat the measure?"[14] + +The committee finally reported, October 12, 1774, and after three days' +discussion and amendment the proposal passed. This document, after a +recital of grievances, declared that, in the opinion of the colonists, a +non-importation agreement would best secure redress; goods from Great +Britain, Ireland, the East and West Indies, and Dominica were excluded; +and it was resolved that "We will neither import, nor purchase any Slave +imported after the First Day of _December_ next; after which Time, we +will wholly discontinue the Slave Trade, and will neither be concerned +in it ourselves, nor will we hire our Vessels, nor sell our Commodities +or Manufactures to those who are concerned in it."[15] + +Strong and straightforward as this resolution was, time unfortunately +proved that it meant very little. Two years later, in this same +Congress, a decided opposition was manifested to branding the +slave-trade as inhuman, and it was thirteen years before South Carolina +stopped the slave-trade or Massachusetts prohibited her citizens from +engaging in it. The passing of so strong a resolution must be explained +by the motives before given, by the character of the drafting +committee, by the desire of America in this crisis to appear well +before the world, and by the natural moral enthusiasm aroused by the +imminence of a great national struggle. + + +28. ~Reception of the Slave-Trade Resolution.~ The unanimity with which +the colonists received this "Association" is not perhaps as remarkable +as the almost entire absence of comment on the radical slave-trade +clause. A Connecticut town-meeting in December, 1774, noticed "with +singular pleasure ... the second Article of the Association, in which it +is agreed to import no more Negro Slaves."[16] This comment appears to +have been almost the only one. There were in various places some +evidences of disapproval; but only in the State of Georgia was this +widespread and determined, and based mainly on the slave-trade +clause.[17] This opposition delayed the ratification meeting until +January 18, 1775, and then delegates from but five of the twelve +parishes appeared, and many of these had strong instructions against the +approval of the plan. Before this meeting could act, the governor +adjourned it, on the ground that it did not represent the province. Some +of the delegates signed an agreement, one article of which promised to +stop the importation of slaves March 15, 1775, i.e., four months later +than the national "Association" had directed. This was not, of course, +binding on the province; and although a town like Darien might declare +"our disapprobation and abhorrence of the unnatural practice of Slavery +in _America_"[18] yet the powerful influence of Savannah was "not likely +soon to give matters a favourable turn. The importers were mostly +against any interruption, and the consumers very much divided."[19] Thus +the efforts of this Assembly failed, their resolutions being almost +unknown, and, as a gentleman writes, "I hope for the honour of the +Province ever will remain so."[20] The delegates to the Continental +Congress selected by this rump assembly refused to take their seats. +Meantime South Carolina stopped trade with Georgia, because it "hath not +acceded to the Continental Association,"[21] and the single Georgia +parish of St. Johns appealed to the second Continental Congress to +except it from the general boycott of the colony. This county had +already resolved not to "purchase any Slave imported at _Savannah_ +(large Numbers of which we understand are there expected) till the Sense +of Congress shall be made known to us."[22] + +May 17, 1775, Congress resolved unanimously "That all exportations to +_Quebec_, _Nova-Scotia_, the Island of _St. John's_, _Newfoundland_, +_Georgia_, except the Parish of _St. John's_, and to _East_ and _West +Florida_, immediately cease."[23] These measures brought the refractory +colony to terms, and the Provincial Congress, July 4, 1775, finally +adopted the "Association," and resolved, among other things, "That we +will neither import or purchase any Slave imported from Africa, or +elsewhere, after this day."[24] + +The non-importation agreement was in the beginning, at least, well +enforced by the voluntary action of the loosely federated nation. The +slave-trade clause seems in most States to have been observed with the +others. In South Carolina "a cargo of near three hundred slaves was sent +out of the Colony by the consignee, as being interdicted by the second +article of the Association."[25] In Virginia the vigilance committee of +Norfolk "hold up for your just indignation Mr. _John Brown_, Merchant, +of this place," who has several times imported slaves from Jamaica; and +he is thus publicly censured "to the end that all such foes to the +rights of _British America_ may be publickly known ... as the enemies of +_American_ Liberty, and that every person may henceforth break off all +dealings with him."[26] + + +29. ~Results of the Resolution.~ The strain of war at last proved too +much for this voluntary blockade, and after some hesitancy Congress, +April 3, 1776, resolved to allow the importation of articles not the +growth or manufacture of Great Britain, except tea. They also voted +"That no slaves be imported into any of the thirteen United +Colonies."[27] This marks a noticeable change of attitude from the +strong words of two years previous: the former was a definitive promise; +this is a temporary resolve, which probably represented public opinion +much better than the former. On the whole, the conclusion is inevitably +forced on the student of this first national movement against the +slave-trade, that its influence on the trade was but temporary and +insignificant, and that at the end of the experiment the outlook for the +final suppression of the trade was little brighter than before. The +whole movement served as a sort of social test of the power and +importance of the slave-trade, which proved to be far more powerful than +the platitudes of many of the Revolutionists had assumed. + +The effect of the movement on the slave-trade in general was to begin, +possibly a little earlier than otherwise would have been the case, that +temporary breaking up of the trade which the war naturally caused. +"There was a time, during the late war," says Clarkson, "when the slave +trade may be considered as having been nearly abolished."[28] The prices +of slaves rose correspondingly high, so that smugglers made +fortunes.[29] It is stated that in the years 1772-1778 slave merchants +of Liverpool failed for the sum of £710,000.[30] All this, of course, +might have resulted from the war, without the "Association;" but in the +long run the "Association" aided in frustrating the very designs which +the framers of the first resolve had in mind; for the temporary stoppage +in the end created an extraordinary demand for slaves, and led to a +slave-trade after the war nearly as large as that before. + + +30. ~The Slave-Trade and Public Opinion after the War.~ The Declaration +of Independence showed a significant drift of public opinion from the +firm stand taken in the "Association" resolutions. The clique of +political philosophers to which Jefferson belonged never imagined the +continued existence of the country with slavery. It is well known that +the first draft of the Declaration contained a severe arraignment of +Great Britain as the real promoter of slavery and the slave-trade in +America. In it the king was charged with waging "cruel war against human +nature itself, violating its most sacred rights of life and liberty in +the persons of a distant people who never offended him, captivating and +carrying them into slavery in another hemisphere, or to incur miserable +death in their transportation thither. This piratical warfare, the +opprobrium of _infidel_ powers, is the warfare of the _Christian_ king +of Great Britain. Determined to keep open a market where _men_ should be +bought and sold, he has prostituted his negative for suppressing every +legislative attempt to prohibit or to restrain this execrable commerce. +And that this assemblage of horrors might want no fact of distinguished +die, he is now exciting those very people to rise in arms among us, and +to purchase that liberty of which he has deprived them, by murdering the +people on whom he also obtruded them: thus paying off former crimes +committed against the _liberties_ of one people with crimes which he +urges them to commit against the _lives_ of another."[31] + +To this radical and not strictly truthful statement, even the large +influence of the Virginia leaders could not gain the assent of the +delegates in Congress. The afflatus of 1774 was rapidly subsiding, and +changing economic conditions had already led many to look forward to a +day when the slave-trade could successfully be reopened. More important +than this, the nation as a whole was even less inclined now than in 1774 +to denounce the slave-trade uncompromisingly. Jefferson himself says +that this clause "was struck out in complaisance to South Carolina and +Georgia, who had never attempted to restrain the importation of slaves, +and who, on the contrary, still wished to continue it. Our northern +brethren also, I believe," said he, "felt a little tender under those +censures; for though their people had very few slaves themselves, yet +they had been pretty considerable carriers of them to others."[32] + +As the war slowly dragged itself to a close, it became increasingly +evident that a firm moral stand against slavery and the slave-trade was +not a probability. The reaction which naturally follows a period of +prolonged and exhausting strife for high political principles now set +in. The economic forces of the country, which had suffered most, sought +to recover and rearrange themselves; and all the selfish motives that +impelled a bankrupt nation to seek to gain its daily bread did not long +hesitate to demand a reopening of the profitable African slave-trade. +This demand was especially urgent from the fact that the slaves, by +pillage, flight, and actual fighting, had become so reduced in numbers +during the war that an urgent demand for more laborers was felt in the +South. + +Nevertheless, the revival of the trade was naturally a matter of some +difficulty, as the West India circuit had been cut off, leaving no +resort except to contraband traffic and the direct African trade. The +English slave-trade after the peace "returned to its former state," and +was by 1784 sending 20,000 slaves annually to the West Indies.[33] Just +how large the trade to the continent was at this time there are few +means of ascertaining; it is certain that there was a general reopening +of the trade in the Carolinas and Georgia, and that the New England +traders participated in it. This traffic undoubtedly reached +considerable proportions; and through the direct African trade and the +illicit West India trade many thousands of Negroes came into the United +States during the years 1783-1787.[34] + +Meantime there was slowly arising a significant divergence of opinion on +the subject. Probably the whole country still regarded both slavery and +the slave-trade as temporary; but the Middle States expected to see the +abolition of both within a generation, while the South scarcely thought +it probable to prohibit even the slave-trade in that short time. Such a +difference might, in all probability, have been satisfactorily adjusted, +if both parties had recognized the real gravity of the matter. As it +was, both regarded it as a problem of secondary importance, to be solved +after many other more pressing ones had been disposed of. The +anti-slavery men had seen slavery die in their own communities, and +expected it to die the same way in others, with as little active effort +on their own part. The Southern planters, born and reared in a slave +system, thought that some day the system might change, and possibly +disappear; but active effort to this end on their part was ever farthest +from their thoughts. Here, then, began that fatal policy toward slavery +and the slave-trade that characterized the nation for three-quarters of +a century, the policy of _laissez-faire, laissez-passer_. + + +31. ~The Action of the Confederation.~ The slave-trade was hardly +touched upon in the Congress of the Confederation, except in the +ordinance respecting the capture of slaves, and on the occasion of the +Quaker petition against the trade, although, during the debate on the +Articles of Confederation, the counting of slaves as well as of freemen +in the apportionment of taxes was urged as a measure that would check +further importation of Negroes. "It is our duty," said Wilson of +Pennsylvania, "to lay every discouragement on the importation of slaves; +but this amendment [i.e., to count two slaves as one freeman] would give +the _jus trium liberorum_ to him who would import slaves."[35] The +matter was finally compromised by apportioning requisitions according to +the value of land and buildings. + +After the Articles went into operation, an ordinance in regard to the +recapture of fugitive slaves provided that, if the capture was made on +the sea below high-water mark, and the Negro was not claimed, he should +be freed. Matthews of South Carolina demanded the yeas and nays on this +proposition, with the result that only the vote of his State was +recorded against it.[36] + +On Tuesday, October 3, 1783, a deputation from the Yearly Meeting of the +Pennsylvania, New Jersey, and Delaware Friends asked leave to present a +petition. Leave was granted the following day,[37] but no further minute +appears. According to the report of the Friends, the petition was +against the slave-trade; and "though the Christian rectitude of the +concern was by the Delegates generally acknowledged, yet not being +vested with the powers of legislation, they declined promoting any +public remedy against the gross national iniquity of trafficking in the +persons of fellow-men."[38] + +The only legislative activity in regard to the trade during the +Confederation was taken by the individual States.[39] Before 1778 +Connecticut, Vermont, Pennsylvania, Delaware, and Virginia had by law +stopped the further importation of slaves, and importation had +practically ceased in all the New England and Middle States, including +Maryland. In consequence of the revival of the slave-trade after the +War, there was then a lull in State activity until 1786, when North +Carolina laid a prohibitive duty, and South Carolina, a year later, +began her series of temporary prohibitions. In 1787-1788 the New England +States forbade the participation of their citizens in the traffic. It +was this wave of legislation against the traffic which did so much to +blind the nation as to the strong hold which slavery still had on the +country. + + +FOOTNOTES: + + [1] These figures are from the _Report of the Lords of the + Committee of Council_, etc. (London, 1789). + + [2] Sheffield, _Observations on American Commerce_, p. 28; + P.L. Ford, _The Association of the First Congress_, in + _Political Science Quarterly_, VI. 615-7. + + [3] Cf., e.g., Arthur Lee's letter to R.H. Lee, March 18, + 1774, in which non-intercourse is declared "the only advisable + and sure mode of defence": Force, _American Archives_, 4th + Ser., I. 229. Cf. also _Ibid._, p. 240; Ford, in _Political + Science Quarterly_, VI. 614-5. + + [4] Goodloe, _Birth of the Republic_, p. 260. + + [5] Staples, _Annals of Providence_ (1843), p. 235. + + [6] Force, _American Archives_, 4th Ser., I. 735. This was + probably copied from the Virginia resolve. + + [7] Force, _American Archives_, 4th Ser., I. 600. + + [8] _Ibid._, I. 494, 530. Cf. pp. 523, 616, 641, etc. + + [9] _Ibid._, I. 687. + + [10] _Ibid._, I. 511, 526. Cf. also p. 316. + + [11] _Journals of Cong._, I. 20. Cf. Ford, in _Political + Science Quarterly_, VI. 615-7. + + [12] John Adams, _Works_, II. 382. + + [13] _Journals of Cong._, I. 21. + + [14] _Ibid._, I. 24; Drayton; _Memoirs of the American + Revolution_, I. 147; John Adams, _Works_, II. 394. + + [15] _Journals of Cong._, I. 27, 32-8. + + [16] Danbury, Dec. 12, 1774: Force, _American Archives_, 4th + Ser., I. 1038. This case and that of Georgia are the only ones + I have found in which the slave-trade clause was specifically + mentioned. + + [17] Force, _American Archives_, 4th Ser., I. 1033, 1136, + 1160, 1163; II. 279-281, 1544; _Journals of Cong._, May 13, + 15, 17, 1775. + + [18] Force, _American Archives_, 4th Ser., I. 1136. + + [19] _Ibid._, II. 279-81. + + [20] _Ibid._, I. 1160. + + [21] Force, _American Archives_, 4th Ser., I. 1163. + + [22] _Journals of Cong._, May 13, 15, 1775. + + [23] _Ibid._, May 17, 1775. + + [24] Force, _American Archives_, 4th Ser., II. 1545. + + [25] Drayton, _Memoirs of the American Revolution_, I. 182. + Cf. pp. 181-7; Ramsay, _History of S. Carolina_, I. 231. + + [26] Force, _American Archives_, 4th Ser., II. 33-4. + + [27] _Journals of Cong._, II. 122. + + [28] Clarkson, _Impolicy of the Slave-Trade_, pp. 125-8. + + [29] _Ibid._, pp. 25-6. + + [30] _Ibid._ + + [31] Jefferson, _Works_ (Washington, 1853-4), I. 23-4. On the + Declaration as an anti-slavery document, cf. Elliot, _Debates_ + (1861), I. 89. + + [32] Jefferson, _Works_ (Washington, 1853-4), I. 19. + + [33] Clarkson, _Impolicy of the Slave-Trade_, pp. 25-6; + _Report_, etc., as above. + + [34] Witness the many high duty acts on slaves, and the + revenue derived therefrom. Massachusetts had sixty + distilleries running in 1783. Cf. Sheffield, _Observations on + American Commerce_, p. 267. + + [35] Elliot, _Debates_, I. 72-3. Cf. Art. 8 of the Articles of + Confederation. + + [36] _Journals of Cong._, 1781, June 25; July 18; Sept. 21, + 27; Nov. 8, 13, 30; Dec. 4. + + [37] _Ibid._, 1782-3, pp. 418-9, 425. + + [38] _Annals of Cong._, 1 Cong. 2 sess. p. 1183. + + [39] Cf. above, chapters ii., iii., iv. + + * * * * * + + + + +_Chapter VI_ + +THE FEDERAL CONVENTION. 1787. + + 32. The First Proposition. + 33. The General Debate. + 34. The Special Committee and the "Bargain." + 35. The Appeal to the Convention. + 36. Settlement by the Convention. + 37. Reception of the Clause by the Nation. + 38. Attitude of the State Conventions. + 39. Acceptance of the Policy. + + +32. ~The First Proposition.~ Slavery occupied no prominent place in the +Convention called to remedy the glaring defects of the Confederation, +for the obvious reason that few of the delegates thought it expedient to +touch a delicate subject which, if let alone, bade fair to settle itself +in a manner satisfactory to all. Consequently, neither slavery nor the +slave-trade is specifically mentioned in the delegates' credentials of +any of the States, nor in Randolph's, Pinckney's, or Hamilton's plans, +nor in Paterson's propositions. Indeed, the debate from May 14 to June +19, when the Committee of the Whole reported, touched the subject only +in the matter of the ratio of representation of slaves. With this same +exception, the report of the Committee of the Whole contained no +reference to slavery or the slave-trade, and the twenty-three +resolutions of the Convention referred to the Committee of Detail, July +23 and 26, maintain the same silence. + +The latter committee, consisting of Rutledge, Randolph, Gorham, +Ellsworth, and Wilson, reported a draft of the Constitution August 6, +1787. The committee had, in its deliberations, probably made use of a +draft of a national Constitution made by Edmund Randolph.[1] One clause +of this provided that "no State shall lay a duty on imports;" and, also, +"1. No duty on exports. 2. No prohibition on such inhabitants as the +United States think proper to admit. 3. No duties by way of such +prohibition." It does not appear that any reference to Negroes was here +intended. In the extant copy, however, notes in Edward Rutledge's +handwriting change the second clause to "No prohibition on such +inhabitants or people as the several States think proper to admit."[2] +In the report, August 6, these clauses take the following form:-- + + "Article VII. Section 4. No tax or duty shall be laid by the + legislature on articles exported from any state; nor on the + migration or importation of such persons as the several states + shall think proper to admit; nor shall such migration or + importation be prohibited."[3] + + +33. ~The General Debate.~ This, of course, referred both to immigrants +("migration") and to slaves ("importation").[4] Debate on this section +began Tuesday, August 22, and lasted two days. Luther Martin of Maryland +precipitated the discussion by a proposition to alter the section so as +to allow a prohibition or tax on the importation of slaves. The debate +immediately became general, being carried on principally by Rutledge, +the Pinckneys, and Williamson from the Carolinas; Baldwin of Georgia; +Mason, Madison, and Randolph of Virginia; Wilson and Gouverneur Morris +of Pennsylvania; Dickinson of Delaware; and Ellsworth, Sherman, Gerry, +King, and Langdon of New England.[5] + +In this debate the moral arguments were prominent. Colonel George Mason +of Virginia denounced the traffic in slaves as "infernal;" Luther Martin +of Maryland regarded it as "inconsistent with the principles of the +revolution, and dishonorable to the American character." "Every +principle of honor and safety," declared John Dickinson of Delaware, +"demands the exclusion of slaves." Indeed, Mason solemnly averred that +the crime of slavery might yet bring the judgment of God on the nation. +On the other side, Rutledge of South Carolina bluntly declared that +religion and humanity had nothing to do with the question, that it was a +matter of "interest" alone. Gerry of Massachusetts wished merely to +refrain from giving direct sanction to the trade, while others contented +themselves with pointing out the inconsistency of condemning the +slave-trade and defending slavery. + +The difficulty of the whole argument, from the moral standpoint, lay in +the fact that it was completely checkmated by the obstinate attitude of +South Carolina and Georgia. Their delegates--Baldwin, the Pinckneys, +Rutledge, and others--asserted flatly, not less than a half-dozen times +during the debate, that these States "can never receive the plan if it +prohibits the slave-trade;" that "if the Convention thought" that these +States would consent to a stoppage of the slave-trade, "the expectation +is vain."[6] By this stand all argument from the moral standpoint was +virtually silenced, for the Convention evidently agreed with Roger +Sherman of Connecticut that "it was better to let the Southern States +import slaves than to part with those States." + +In such a dilemma the Convention listened not unwillingly to the _non +possumus_ arguments of the States' Rights advocates. The "morality and +wisdom" of slavery, declared Ellsworth of Connecticut, "are +considerations belonging to the States themselves;" let every State +"import what it pleases;" the Confederation has not "meddled" with the +question, why should the Union? It is a dangerous symptom of +centralization, cried Baldwin of Georgia; the "central States" wish to +be the "vortex for everything," even matters of "a local nature." The +national government, said Gerry of Massachusetts, had nothing to do with +slavery in the States; it had only to refrain from giving direct +sanction to the system. Others opposed this whole argument, declaring, +with Langdon of New Hampshire, that Congress ought to have this power, +since, as Dickinson tartly remarked, "The true question was, whether the +national happiness would be promoted or impeded by the importation; and +this question ought to be left to the national government, not to the +states particularly interested." + +Beside these arguments as to the right of the trade and the proper seat +of authority over it, many arguments of general expediency were +introduced. From an economic standpoint, for instance, General C.C. +Pinckney of South Carolina "contended, that the importation of slaves +would be for the interest of the whole Union. The more slaves, the more +produce." Rutledge of the same State declared: "If the Northern States +consult their interest, they will not oppose the increase of slaves, +which will increase the commodities of which they will become the +carriers." This sentiment found a more or less conscious echo in the +words of Ellsworth of Connecticut, "What enriches a part enriches the +whole." It was, moreover, broadly hinted that the zeal of Maryland and +Virginia against the trade had an economic rather than a humanitarian +motive, since they had slaves enough and to spare, and wished to sell +them at a high price to South Carolina and Georgia, who needed more. In +such case restrictions would unjustly discriminate against the latter +States. The argument from history was barely touched upon. Only once was +there an allusion to "the example of all the world" "in all ages" to +justify slavery,[7] and once came the counter declaration that "Greece +and Rome were made unhappy by their slaves."[8] On the other hand, the +military weakness of slavery in the late war led to many arguments on +that score. Luther Martin and George Mason dwelt on the danger of a +servile class in war and insurrection; while Rutledge hotly replied that +he "would readily exempt the other states from the obligation to protect +the Southern against them;" and Ellsworth thought that the very danger +would "become a motive to kind treatment." The desirability of keeping +slavery out of the West was once mentioned as an argument against the +trade: to this all seemed tacitly to agree.[9] + +Throughout the debate it is manifest that the Convention had no desire +really to enter upon a general slavery argument. The broader and more +theoretic aspects of the question were but lightly touched upon here and +there. Undoubtedly, most of the members would have much preferred not to +raise the question at all; but, as it was raised, the differences of +opinion were too manifest to be ignored, and the Convention, after its +first perplexity, gradually and perhaps too willingly set itself to work +to find some "middle ground" on which all parties could stand. The way +to this compromise was pointed out by the South. The most radical +pro-slavery arguments always ended with the opinion that "if the +Southern States were let alone, they will probably of themselves stop +importations."[10] To be sure, General Pinckney admitted that, +"candidly, he did not think South Carolina would stop her importations +of slaves in any short time;" nevertheless, the Convention "observed," +with Roger Sherman, "that the abolition of slavery seemed to be going on +in the United States, and that the good sense of the several states +would probably by degrees complete it." Economic forces were evoked to +eke out moral motives: when the South had its full quota of slaves, like +Virginia it too would abolish the trade; free labor was bound finally to +drive out slave labor. Thus the chorus of "_laissez-faire_" increased; +and compromise seemed at least in sight, when Connecticut cried, "Let +the trade alone!" and Georgia denounced it as an "evil." Some few +discordant notes were heard, as, for instance, when Wilson of +Pennsylvania made the uncomforting remark, "If South Carolina and +Georgia were themselves disposed to get rid of the importation of slaves +in a short time, as had been suggested, they would never refuse to unite +because the importation might be prohibited." + +With the spirit of compromise in the air, it was not long before the +general terms were clear. The slavery side was strongly intrenched, and +had a clear and definite demand. The forces of freedom were, on the +contrary, divided by important conflicts of interest, and animated by no +very strong and decided anti-slavery spirit with settled aims. Under +such circumstances, it was easy for the Convention to miss the +opportunity for a really great compromise, and to descend to a scheme +that savored unpleasantly of "log-rolling." The student of the situation +will always have good cause to believe that a more sturdy and definite +anti-slavery stand at this point might have changed history for the +better. + + +34. ~The Special Committee and the "Bargain."~ Since the debate had, in +the first place, arisen from a proposition to tax the importation of +slaves, the yielding of this point by the South was the first move +toward compromise. To all but the doctrinaires, who shrank from taxing +men as property, the argument that the failure to tax slaves was +equivalent to a bounty, was conclusive. With this point settled, +Randolph voiced the general sentiment, when he declared that he "was for +committing, in order that some middle ground might, if possible, be +found." Finally, Gouverneur Morris discovered the "middle ground," in +his suggestion that the whole subject be committed, "including the +clauses relating to taxes on exports and to a navigation act. These +things," said he, "may form a bargain among the Northern and Southern +States." This was quickly assented to; and sections four and five, on +slave-trade and capitation tax, were committed by a vote of 7 to 3,[11] +and section six, on navigation acts, by a vote of 9 to 2.[12] All three +clauses were referred to the following committee: Langdon of New +Hampshire, King of Massachusetts, Johnson of Connecticut, Livingston of +New Jersey, Clymer of Pennsylvania, Dickinson of Delaware, Martin of +Maryland, Madison of Virginia, Williamson of North Carolina, General +Pinckney of South Carolina, and Baldwin of Georgia. + +The fullest account of the proceedings of this committee is given in +Luther Martin's letter to his constituents, and is confirmed in its main +particulars by similar reports of other delegates. Martin writes: "A +committee of _one_ member from each state was chosen by ballot, to take +this part of the system under their consideration, and to endeavor to +agree upon some report which should reconcile those states [i.e., South +Carolina and Georgia]. To this committee also was referred the following +proposition, which had been reported by the committee of detail, viz.: +'No navigation act shall be passed without the assent of two thirds of +the members present in each house'--a proposition which the staple and +commercial states were solicitous to retain, lest their commerce should +be placed too much under the power of the Eastern States, but which +these last States were as anxious to reject. This committee--of which +also I had the honor to be a member--met, and took under their +consideration the subjects committed to them. I found the _Eastern_ +States, notwithstanding their _aversion to slavery_, were very willing +to indulge the Southern States at least with a temporary liberty to +prosecute the slave trade, provided the Southern States would, in their +turn, gratify _them_, by laying no restriction on navigation acts; and +after a very little time, the committee, by a great majority, agreed on +a report, by which the general government was to be prohibited from +preventing the importation of slaves for a limited time, and the +restrictive clause relative to navigation acts was to be omitted."[13] + +That the "bargain" was soon made is proven by the fact that the +committee reported the very next day, Friday, August 24, and that on +Saturday the report was taken up. It was as follows: "Strike out so much +of the fourth section as was referred to the committee, and insert 'The +migration or importation of such persons as the several states, now +existing, shall think proper to admit, shall not be prohibited by the +legislature prior to the year 1800; but a tax or duty may be imposed on +such migration or importation, at a rate not exceeding the average of +the duties laid on imports.' The fifth section to remain as in the +report. The sixth section to be stricken out."[14] + + +35. ~The Appeal to the Convention.~ The ensuing debate,[15] which lasted +only a part of the day, was evidently a sort of appeal to the House on +the decisions of the committee. It throws light on the points of +disagreement. General Pinckney first proposed to extend the +slave-trading limit to 1808, and Gorham of Massachusetts seconded the +motion. This brought a spirited protest from Madison: "Twenty years will +produce all the mischief that can be apprehended from the liberty to +import slaves. So long a term will be more dishonorable to the American +character than to say nothing about it in the Constitution."[16] There +was, however, evidently another "bargain" here; for, without farther +debate, the South and the East voted the extension, 7 to 4, only New +Jersey, Pennsylvania, Delaware, and Virginia objecting. The ambiguous +phraseology of the whole slave-trade section as reported did not pass +without comment; Gouverneur Morris would have it read: "The importation +of slaves into North Carolina, South Carolina, and Georgia, shall not be +prohibited," etc.[17] This emendation was, however, too painfully +truthful for the doctrinaires, and was, amid a score of objections, +withdrawn. The taxation clause also was manifestly too vague for +practical use, and Baldwin of Georgia wished to amend it by inserting +"common impost on articles not enumerated," in lieu of the "average" +duty.[18] This minor point gave rise to considerable argument: Sherman +and Madison deprecated any such recognition of property in man as taxing +would imply; Mason and Gorham argued that the tax restrained the trade; +while King, Langdon, and General Pinckney contented themselves with the +remark that this clause was "the price of the first part." Finally, it +was unanimously agreed to make the duty "not exceeding ten dollars for +each person."[19] + +Southern interests now being safe, some Southern members attempted, a +few days later, to annul the "bargain" by restoring the requirement of a +two-thirds vote in navigation acts. Charles Pinckney made the motion, in +an elaborate speech designed to show the conflicting commercial +interests of the States; he declared that "The power of regulating +commerce was a pure concession on the part of the Southern States."[20] +Martin and Williamson of North Carolina, Butler of South Carolina, and +Mason of Virginia defended the proposition, insisting that it would be a +dangerous concession on the part of the South to leave navigation acts +to a mere majority vote. Sherman of Connecticut, Morris of Pennsylvania, +and Spaight of North Carolina declared that the very diversity of +interest was a security. Finally, by a vote of 7 to 4, Maryland, +Virginia, North Carolina, and Georgia being in the minority, the +Convention refused to consider the motion, and the recommendation of the +committee passed.[21] + +When, on September 10, the Convention was discussing the amendment +clause of the Constitution, the ever-alert Rutledge, perceiving that +the results of the laboriously settled "bargain" might be endangered, +declared that he "never could agree to give a power by which the +articles relating to slaves might be altered by the states not +interested in that property."[22] As a result, the clause finally +adopted, September 15, had the proviso: "Provided, that no amendment +which may be made prior to the year 1808 shall in any manner affect the +1st and 4th clauses in the 9th section of the 1st article."[23] + + +36. ~Settlement by the Convention.~ Thus, the slave-trade article of the +Constitution stood finally as follows:-- + + "Article I. Section 9. The Migration or Importation of such + Persons as any of the States now existing shall think proper to + admit, shall not be prohibited by the Congress prior to the Year + one thousand eight hundred and eight, but a Tax or duty may be + imposed on such Importation, not exceeding ten dollars for each + Person." + +This settlement of the slavery question brought out distinct differences +of moral attitude toward the institution, and yet differences far from +hopeless. To be sure, the South apologized for slavery, the Middle +States denounced it, and the East could only tolerate it from afar; and +yet all three sections united in considering it a temporary institution, +the corner-stone of which was the slave-trade. No one of them had ever +seen a system of slavery without an active slave-trade; and there were +probably few members of the Convention who did not believe that the +foundations of slavery had been sapped merely by putting the abolition +of the slave-trade in the hands of Congress twenty years hence. Here lay +the danger; for when the North called slavery "temporary," she thought +of twenty or thirty years, while the "temporary" period of the South was +scarcely less than a century. Meantime, for at least a score of years, a +policy of strict _laissez-faire_, so far as the general government was +concerned, was to intervene. Instead of calling the whole moral energy +of the people into action, so as gradually to crush this portentous +evil, the Federal Convention lulled the nation to sleep by a "bargain," +and left to the vacillating and unripe judgment of the States one of the +most threatening of the social and political ills which they were so +courageously seeking to remedy. + + +37. ~Reception of the Clause by the Nation.~ When the proposed +Constitution was before the country, the slave-trade article came in for +no small amount of condemnation and apology. In the pamphlets of the day +it was much discussed. One of the points in Mason's "Letter of +Objections" was that "the general legislature is restrained from +prohibiting the further importation of slaves for twenty odd years, +though such importations render the United States weaker, more +vulnerable, and less capable of defence."[24] To this Iredell replied, +through the columns of the _State Gazette_ of North Carolina: "If all +the States had been willing to adopt this regulation [i.e., to prohibit +the slave-trade], I should as an individual most heartily have approved +of it, because even if the importation of slaves in fact rendered us +stronger, less vulnerable and more capable of defence, I should rejoice +in the prohibition of it, as putting an end to a trade which has already +continued too long for the honor and humanity of those concerned in it. +But as it was well known that South Carolina and Georgia thought a +further continuance of such importations useful to them, and would not +perhaps otherwise have agreed to the new constitution, those States +which had been importing till they were satisfied, could not with +decency have insisted upon their relinquishing advantages themselves had +already enjoyed. Our situation makes it necessary to bear the evil as it +is. It will be left to the future legislatures to allow such +importations or not. If any, in violation of their clear conviction of +the injustice of this trade, persist in pursuing it, this is a matter +between God and their own consciences. The interests of humanity will, +however, have gained something by the prohibition of this inhuman trade, +though at a distance of twenty odd years."[25] + +"Centinel," representing the Quaker sentiment of Pennsylvania, attacked +the clause in his third letter, published in the _Independent Gazetteer, +or The Chronicle of Freedom_, November 8, 1787: "We are told that the +objects of this article are slaves, and that it is inserted to secure to +the southern states the right of introducing negroes for twenty-one +years to come, against the declared sense of the other states to put an +end to an odious traffic in the human species, which is especially +scandalous and inconsistent in a people, who have asserted their own +liberty by the sword, and which dangerously enfeebles the districts +wherein the laborers are bondsmen. The words, dark and ambiguous, such +as no plain man of common sense would have used, are evidently chosen to +conceal from Europe, that in this enlightened country, the practice of +slavery has its advocates among men in the highest stations. When it is +recollected that no poll tax can be imposed on _five_ negroes, above +what _three_ whites shall be charged; when it is considered, that the +imposts on the consumption of Carolina field negroes must be trifling, +and the excise nothing, it is plain that the proportion of +contributions, which can be expected from the southern states under the +new constitution, will be unequal, and yet they are to be allowed to +enfeeble themselves by the further importation of negroes till the year +1808. Has not the concurrence of the five southern states (in the +convention) to the new system, been purchased too dearly by the +rest?"[26] + +Noah Webster's "Examination" (1787) addressed itself to such Quaker +scruples: "But, say the enemies of slavery, negroes may be imported for +twenty-one years. This exception is addressed to the quakers, and a very +pitiful exception it is. The truth is, Congress cannot prohibit the +importation of slaves during that period; but the laws against the +importation into particular states, stand unrepealed. An immediate +abolition of slavery would bring ruin upon the whites, and misery upon +the blacks, in the southern states. The constitution has therefore +wisely left each state to pursue its own measures, with respect to this +article of legislation, during the period of twenty-one years."[27] + +The following year the "Examination" of Tench Coxe said: "The temporary +reservation of any particular matter must ever be deemed an admission +that it should be done away. This appears to have been well understood. +In addition to the arguments drawn from liberty, justice and religion, +opinions against this practice [i.e., of slave-trading], founded in +sound policy, have no doubt been urged. Regard was necessarily paid to +the peculiar situation of our southern fellow-citizens; but they, on the +other hand, have not been insensible of the delicate situation of our +national character on this subject."[28] + +From quite different motives Southern men defended this section. For +instance, Dr. David Ramsay, a South Carolina member of the Convention, +wrote in his "Address": "It is farther objected, that they have +stipulated for a right to prohibit the importation of negroes after 21 +years. On this subject observe, as they are bound to protect us from +domestic violence, they think we ought not to increase our exposure to +that evil, by an unlimited importation of slaves. Though Congress may +forbid the importation of negroes after 21 years, it does not follow +that they will. On the other hand, it is probable that they will not. +The more rice we make, the more business will be for their shipping; +their interest will therefore coincide with ours. Besides, we have other +sources of supply--the importation of the ensuing 20 years, added to the +natural increase of those we already have, and the influx from our +northern neighbours who are desirous of getting rid of their slaves, +will afford a sufficient number for cultivating all the lands in this +state."[29] + +Finally, _The Federalist_, No. 41, written by James Madison, commented +as follows: "It were doubtless to be wished, that the power of +prohibiting the importation of slaves had not been postponed until the +year 1808, or rather, that it had been suffered to have immediate +operation. But it is not difficult to account, either for this +restriction on the General Government, or for the manner in which the +whole clause is expressed. It ought to be considered as a great point +gained in favor of humanity, that a period of twenty years may terminate +forever, within these States, a traffic which has so long and so loudly +upbraided the barbarism of modern policy; that within that period, it +will receive a considerable discouragement from the Federal Government, +and may be totally abolished, by a concurrence of the few States which +continue the unnatural traffic, in the prohibitory example which has +been given by so great a majority of the Union. Happy would it be for +the unfortunate Africans, if an equal prospect lay before them of being +redeemed from the oppressions of their European brethren! + +"Attempts have been made to pervert this clause into an objection +against the Constitution, by representing it on one side as a criminal +toleration of an illicit practice, and on another, as calculated to +prevent voluntary and beneficial emigrations from Europe to America. I +mention these misconstructions, not with a view to give them an answer, +for they deserve none; but as specimens of the manner and spirit, in +which some have thought fit to conduct their opposition to the proposed +Government."[30] + + +38. ~Attitude of the State Conventions.~ The records of the proceedings +in the various State conventions are exceedingly meagre. In nearly all +of the few States where records exist there is found some opposition to +the slave-trade clause. The opposition was seldom very pronounced or +bitter; it rather took the form of regret, on the one hand that the +Convention went so far, and on the other hand that it did not go +farther. Probably, however, the Constitution was never in danger of +rejection on account of this clause. + +Extracts from a few of the speeches, _pro_ and _con_, in various States +will best illustrate the character of the arguments. In reply to some +objections expressed in the Pennsylvania convention, Wilson said, +December 3, 1787: "I consider this as laying the foundation for +banishing slavery out of this country; and though the period is more +distant than I could wish, yet it will produce the same kind, gradual +change, which was pursued in Pennsylvania."[31] Robert Barnwell declared +in the South Carolina convention, January 17, 1788, that this clause +"particularly pleased" him. "Congress," he said, "has guarantied this +right for that space of time, and at its expiration may continue it as +long as they please. This question then arises--What will their interest +lead them to do? The Eastern States, as the honorable gentleman says, +will become the carriers of America. It will, therefore, certainly be +their interest to encourage exportation to as great an extent as +possible; and if the quantum of our products will be diminished by the +prohibition of negroes, I appeal to the belief of every man, whether he +thinks those very carriers will themselves dam up the sources from +whence their profit is derived. To think so is so contradictory to the +general conduct of mankind, that I am of opinion, that, without we +ourselves put a stop to them, the traffic for negroes will continue +forever."[32] + +In Massachusetts, January 30, 1788, General Heath said: "The gentlemen +who have spoken have carried the matter rather too far on both sides. I +apprehend that it is not in our power to do anything for or against +those who are in slavery in the southern States.... Two questions +naturally arise, if we ratify the Constitution: Shall we do anything by +our act to hold the blacks in slavery? or shall we become partakers of +other men's sins? I think neither of them. Each State is sovereign and +independent to a certain degree, and they have a right, and will +regulate their own internal affairs, as to themselves appears +proper."[33] Iredell said, in the North Carolina convention, July 26, +1788: "When the entire abolition of slavery takes place, it will be an +event which must be pleasing to every generous mind, and every friend of +human nature.... But as it is, this government is nobly distinguished +above others by that very provision."[34] + +Of the arguments against the clause, two made in the Massachusetts +convention are typical. The Rev. Mr. Neal said, January 25, 1788, that +"unless his objection [to this clause] was removed, he could not put his +hand to the Constitution."[35] General Thompson exclaimed, "Shall it be +said, that after we have established our own independence and freedom, +we make slaves of others?"[36] Mason, in the Virginia convention, June +15, 1788, said: "As much as I value a union of all the states, I would +not admit the Southern States into the Union unless they agree to the +discontinuance of this disgraceful trade.... Yet they have not secured +us the property of the slaves we have already. So that 'they have done +what they ought not to have done, and have left undone what they ought +to have done.'"[37] Joshua Atherton, who led the opposition in the New +Hampshire convention, said: "The idea that strikes those who are opposed +to this clause so disagreeably and so forcibly is,--hereby it is +conceived (if we ratify the Constitution) that we become _consenters to_ +and _partakers in_ the sin and guilt of this abominable traffic, at +least for a certain period, without any positive stipulation that it +shall even then be brought to an end."[38] + +In the South Carolina convention Lowndes, January 16, 1788, attacked the +slave-trade clause. "Negroes," said he, "were our wealth, our only +natural resource; yet behold how our kind friends in the north were +determined soon to tie up our hands, and drain us of what we had! The +Eastern States drew their means of subsistence, in a great measure, from +their shipping; and, on that head, they had been particularly careful +not to allow of any burdens.... Why, then, call this a reciprocal +bargain, which took all from one party, to bestow it on the other!"[39] + +In spite of this discussion in the different States, only one State, +Rhode Island, went so far as to propose an amendment directing Congress +to "promote and establish such laws and regulations as may effectually +prevent the importation of slaves of every description, into the United +States."[40] + + +39. ~Acceptance of the Policy.~ As in the Federal Convention, so in the +State conventions, it is noticeable that the compromise was accepted by +the various States from widely different motives.[41] Nevertheless, +these motives were not fixed and unchangeable, and there was still +discernible a certain underlying agreement in the dislike of slavery. +One cannot help thinking that if the devastation of the late war had not +left an extraordinary demand for slaves in the South,--if, for instance, +there had been in 1787 the same plethora in the slave-market as in +1774,--the future history of the country would have been far different. +As it was, the twenty-one years of _laissez-faire_ were confirmed by the +States, and the nation entered upon the constitutional period with the +slave-trade legal in three States,[42] and with a feeling of quiescence +toward it in the rest of the Union. + + +FOOTNOTES: + + [1] Conway, _Life and Papers of Edmund Randolph_, ch. ix. + + [2] Conway, _Life and Papers of Edmund Randolph_, p. 78. + + [3] Elliot, _Debates_, I. 227. + + [4] Cf. Conway, _Life and Papers of Edmund Randolph_, pp. + 78-9. + + [5] For the following debate, Madison's notes (Elliot, + _Debates_, V. 457 ff.) are mainly followed. + + [6] Cf. Elliot, _Debates_, V, _passim_. + + [7] By Charles Pinckney. + + [8] By John Dickinson. + + [9] Mentioned in the speech of George Mason. + + [10] Charles Pinckney. Baldwin of Georgia said that if the + State were left to herself, "she may probably put a stop to + the evil": Elliot, _Debates_, V. 459. + + [11] _Affirmative:_ Connecticut, New Jersey, Maryland, + Virginia, North Carolina, South Carolina, Georgia,--7. + _Negative:_ New Hampshire, Pennsylvania, Delaware,--3. + _Absent:_ Massachusetts,--1. + + [12] _Negative:_ Connecticut and New Jersey. + + [13] Luther Martin's letter, in Elliot, _Debates_, I. 373. Cf. + explanations of delegates in the South Carolina, North + Carolina, and other conventions. + + [14] Elliot, _Debates_, V. 471. + + [15] Saturday, Aug. 25, 1787. + + [16] Elliot, _Debates_, V. 477. + + [17] Elliot, _Debates_, V. 477. Dickinson made a similar + motion, which was disagreed to: _Ibid._ + + [18] _Ibid._, V. 478. + + [19] _Ibid._ + + [20] Aug. 29: _Ibid._, V. 489. + + [21] _Ibid._, V. 492. + + [22] Elliot, _Debates_, V. 532. + + [23] _Ibid._, I. 317. + + [24] P.L. Ford, _Pamphlets on the Constitution_, p. 331. + + [25] _Ibid._, p. 367. + + [26] McMaster and Stone, _Pennsylvania and the Federal + Convention_, pp. 599-600. Cf. also p. 773. + + [27] See Ford, _Pamphlets_, etc., p. 54. + + [28] Ford, _Pamphlets_, etc., p. 146. + + [29] "Address to the Freemen of South Carolina on the Subject + of the Federal Constitution": _Ibid._, p. 378. + + [30] Published in the _New York Packet_, Jan. 22, 1788; + reprinted in Dawson's _Foederalist_, I. 290-1. + + [31] Elliot, _Debates_, II. 452. + + [32] Elliot, _Debates_, IV. 296-7. + + [33] Published in _Debates of the Massachusetts Convention_, + 1788, p. 217 ff. + + [34] Elliot, _Debates_, IV. 100-1. + + [35] Published in _Debates of the Massachusetts Convention_, + 1788, p. 208. + + [36] _Ibid._ + + [37] Elliot, _Debates_, III. 452-3. + + [38] Walker, _Federal Convention of New Hampshire_, App. 113; + Elliot, Debates, II. 203. + + [39] Elliot, _Debates_, IV. 273. + + [40] Updike's _Minutes_, in Staples, _Rhode Island in the + Continental Congress_, pp. 657-8, 674-9. Adopted by a majority + of one in a convention of seventy. + + [41] In five States I have found no mention of the subject + (Delaware, New Jersey, Georgia, Connecticut, and Maryland). In + the Pennsylvania convention there was considerable debate, + partially preserved in Elliot's and Lloyd's _Debates_. In the + Massachusetts convention the debate on this clause occupied a + part of two or three days, reported in published debates. In + South Carolina there were several long speeches, reported in + Elliot's _Debates_. Only three speeches made in the New + Hampshire convention seem to be extant, and two of these are + on the slave-trade: cf. Walker and Elliot. The Virginia + convention discussed the clause to considerable extent: see + Elliot. The clause does not seem to have been a cause of North + Carolina's delay in ratification, although it occasioned some + discussion: see Elliot. In Rhode Island "much debate ensued," + and in this State alone was an amendment proposed: see + Staples, _Rhode Island in the Continental Congress_. In New + York the Committee of the Whole "proceeded through sections 8, + 9 ... with little or no debate": Elliot, _Debates_, II. 406. + + [42] South Carolina, Georgia, and North Carolina. North + Carolina had, however, a prohibitive duty. + + * * * * * + + + + +_Chapter VII_ + +TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, 1787-1806. + + 40. Influence of the Haytian Revolution. + 41. Legislation of the Southern States. + 42. Legislation of the Border States. + 43. Legislation of the Eastern States. + 44. First Debate in Congress, 1789. + 45. Second Debate in Congress, 1790. + 46. The Declaration of Powers, 1790. + 47. The Act of 1794. + 48. The Act of 1800. + 49. The Act of 1803. + 50. State of the Slave-Trade from 1789 to 1803. + 51. The South Carolina Repeal of 1803. + 52. The Louisiana Slave-Trade, 1803-1805. + 53. Last Attempts at Taxation, 1805-1806. + 54. Key-Note of the Period. + + +40. ~Influence of the Haytian Revolution.~ The rôle which the great +Negro Toussaint, called L'Ouverture, played in the history of the United +States has seldom been fully appreciated. Representing the age of +revolution in America, he rose to leadership through a bloody terror, +which contrived a Negro "problem" for the Western Hemisphere, +intensified and defined the anti-slavery movement, became one of the +causes, and probably the prime one, which led Napoleon to sell Louisiana +for a song, and finally, through the interworking of all these effects, +rendered more certain the final prohibition of the slave-trade by the +United States in 1807. + +From the time of the reorganization of the Pennsylvania Abolition +Society, in 1787, anti-slavery sentiment became active. New York, New +Jersey, Rhode Island, Delaware, Maryland, and Virginia had strong +organizations, and a national convention was held in 1794. The terrible +upheaval in the West Indies, beginning in 1791, furnished this rising +movement with an irresistible argument. A wave of horror and fear swept +over the South, which even the powerful slave-traders of Georgia did not +dare withstand; the Middle States saw their worst dreams realized, and +the mercenary trade interests of the East lost control of the New +England conscience. + + +41. ~Legislation of the Southern States.~ In a few years the growing +sentiment had crystallized into legislation. The Southern States took +immediate measures to close their ports, first against West India +Negroes, finally against all slaves. Georgia, who had had legal slavery +only from 1755, and had since passed no restrictive legislation, felt +compelled in 1793[1] to stop the entry of free Negroes, and in 1798[2] +to prohibit, under heavy penalties, the importation of all slaves. This +provision was placed in the Constitution of the State, and, although +miserably enforced, was never repealed. + +South Carolina was the first Southern State in which the exigencies of a +great staple crop rendered the rapid consumption of slaves more +profitable than their proper maintenance. Alternating, therefore, +between a plethora and a dearth of Negroes, she prohibited the +slave-trade only for short periods. In 1788[3] she had forbidden the +trade for five years, and in 1792,[4] being peculiarly exposed to the +West Indian insurrection, she quickly found it "inexpedient" to allow +Negroes "from Africa, the West India Islands, or other place beyond sea" +to enter for two years. This act continued to be extended, although with +lessening penalties, until 1803.[5] The home demand in view of the +probable stoppage of the trade in 1808, the speculative chances of the +new Louisiana Territory trade, and the large already existing illicit +traffic combined in that year to cause the passage of an act, December +17, reopening the African slave-trade, although still carefully +excluding "West India" Negroes.[6] This action profoundly stirred the +Union, aroused anti-slavery sentiment, led to a concerted movement for a +constitutional amendment, and, failing in this, to an irresistible +demand for a national prohibitory act at the earliest constitutional +moment. + +North Carolina had repealed her prohibitory duty act in 1790,[7] but in +1794 she passed an "Act to prevent further importation and bringing of +slaves," etc.[8] Even the body-servants of West India immigrants and, +naturally, all free Negroes, were eventually prohibited.[9] + + +42. ~Legislation of the Border States.~ The Border States, Virginia and +Maryland, strengthened their non-importation laws, Virginia freeing +illegally imported Negroes,[10] and Maryland prohibiting even the +interstate trade.[11] The Middle States took action chiefly in the final +abolition of slavery within their borders, and the prevention of the +fitting out of slaving vessels in their ports. Delaware declared, in her +Act of 1789, that "it is inconsistent with that spirit of general +liberty which pervades the constitution of this state, that vessels +should be fitted out, or equipped, in any of the ports thereof, for the +purpose of receiving and transporting the natives of Africa to places +where they are held in slavery,"[12] and forbade such a practice under +penalty of £500 for each person so engaged. The Pennsylvania Act of +1788[13] had similar provisions, with a penalty of £1000; and New Jersey +followed with an act in 1798.[14] + + +43. ~Legislation of the Eastern States.~ In the Eastern States, where +slavery as an institution was already nearly defunct, action was aimed +toward stopping the notorious participation of citizens in the +slave-trade outside the State. The prime movers were the Rhode Island +Quakers. Having early secured a law against the traffic in their own +State, they turned their attention to others. Through their +remonstrances Connecticut, in 1788,[15] prohibited participation in the +trade by a fine of £500 on the vessel, £50 on each slave, and loss of +insurance; this act was strengthened in 1792,[16] the year after the +Haytian revolt. Massachusetts, after many fruitless attempts, finally +took advantage of an unusually bold case of kidnapping, and passed a +similar act in 1788.[17] "This," says Belknap, "was the utmost which +could be done by our legislatures; we still have to regret the +impossibility of making a law _here_, which shall restrain our citizens +from carrying on this trade _in foreign bottoms_, and from committing +the crimes which this act prohibits, _in foreign countries_, as it is +said some of them have done since the enacting of these laws."[18] + +Thus it is seen how, spurred by the tragedy in the West Indies, the +United States succeeded by State action in prohibiting the slave-trade +from 1798 to 1803, in furthering the cause of abolition, and in +preventing the fitting out of slave-trade expeditions in United States +ports. The country had good cause to congratulate itself. The national +government hastened to supplement State action as far as possible, and +the prophecies of the more sanguine Revolutionary fathers seemed about +to be realized, when the ill-considered act of South Carolina showed the +weakness of the constitutional compromise. + + +44. ~First Debate in Congress, 1789.~ The attention of the national +government was early directed to slavery and the trade by the rise, in +the first Congress, of the question of taxing slaves imported. During +the debate on the duty bill introduced by Clymer's committee, Parker of +Virginia moved, May 13, 1789, to lay a tax of ten dollars _per capita_ +on slaves imported. He plainly stated that the tax was designed to check +the trade, and that he was "sorry that the Constitution prevented +Congress from prohibiting the importation altogether." The proposal was +evidently unwelcome, and caused an extended debate.[19] Smith of South +Carolina wanted to postpone a matter so "big with the most serious +consequences to the State he represented." Roger Sherman of Connecticut +"could not reconcile himself to the insertion of human beings as an +article of duty, among goods, wares, and merchandise." Jackson of +Georgia argued against any restriction, and thought such States as +Virginia "ought to let their neighbors get supplied, before they imposed +such a burden upon the importation." Tucker of South Carolina declared +it "unfair to bring in such an important subject at a time when debate +was almost precluded," and denied the right of Congress to "consider +whether the importation of slaves is proper or not." + +Mr. Parker was evidently somewhat abashed by this onslaught of friend +and foe, but he "had ventured to introduce the subject after full +deliberation, and did not like to withdraw it." He desired Congress, "if +possible," to "wipe off the stigma under which America labored." This +brought Jackson of Georgia again to his feet. He believed, in spite of +the "fashion of the day," that the Negroes were better off as slaves +than as freedmen, and that, as the tax was partial, "it would be the +most odious tax Congress could impose." Such sentiments were a distinct +advance in pro-slavery doctrine, and called for a protest from Madison +of Virginia. He thought the discussion proper, denied the partiality of +the tax, and declared that, according to the spirit of the Constitution +and his own desire, it was to be hoped "that, by expressing a national +disapprobation of this trade, we may destroy it, and save ourselves from +reproaches, and our posterity the imbecility ever attendant on a country +filled with slaves." Finally, to Burke of South Carolina, who thought +"the gentlemen were contending for nothing," Madison sharply rejoined, +"If we contend for nothing, the gentlemen who are opposed to us do not +contend for a great deal." + +It now became clear that Congress had been whirled into a discussion of +too delicate and lengthy a nature to allow its further prolongation. +Compromising councils prevailed; and it was agreed that the present +proposition should be withdrawn and a separate bill brought in. This +bill was, however, at the next session dexterously postponed "until the +next session of Congress."[20] + + +45. ~Second Debate in Congress, 1790.~ It is doubtful if Congress of its +own initiative would soon have resurrected the matter, had not a new +anti-slavery weapon appeared in the shape of urgent petitions from +abolition societies. The first petition, presented February 11, +1790,[21] was from the same interstate Yearly Meeting of Friends which +had formerly petitioned the Confederation Congress.[22] They urged +Congress to inquire "whether, notwithstanding such seeming impediments, +it be not in reality within your power to exercise justice and mercy, +which, if adhered to, we cannot doubt, must produce the abolition of the +slave trade," etc. Another Quaker petition from New York was also +presented,[23] and both were about to be referred, when Smith of South +Carolina objected, and precipitated a sharp debate.[24] This debate had +a distinctly different tone from that of the preceding one, and +represents another step in pro-slavery doctrine. The key-note of these +utterances was struck by Stone of Maryland, who "feared that if Congress +took any measures indicative of an intention to interfere with the kind +of property alluded to, it would sink it in value very considerably, and +might be injurious to a great number of the citizens, particularly in +the Southern States. He thought the subject was of general concern, and +that the petitioners had no more right to interfere with it than any +other members of the community. It was an unfortunate circumstance, that +it was the disposition of religious sects to imagine they understood the +rights of human nature better than all the world besides." + +In vain did men like Madison disclaim all thought of unconstitutional +"interference," and express only a desire to see "If anything is within +the Federal authority to restrain such violation of the rights of +nations and of mankind, as is supposed to be practised in some parts of +the United States." A storm of disapproval from Southern members met +such sentiments. "The rights of the Southern States ought not to be +threatened," said Burke of South Carolina. "Any extraordinary attention +of Congress to this petition," averred Jackson of Georgia, would put +slave property "in jeopardy," and "evince to the people a disposition +towards a total emancipation." Smith and Tucker of South Carolina +declared that the request asked for "unconstitutional" measures. Gerry +of Massachusetts, Hartley of Pennsylvania, and Lawrence of New York +rather mildly defended the petitioners; but after considerable further +debate the matter was laid on the table. + +The very next day, however, the laid ghost walked again in the shape of +another petition from the "Pennsylvania Society for promoting the +Abolition of Slavery," signed by its venerable president, Benjamin +Franklin. This petition asked Congress to "step to the very verge of the +power vested in you for discouraging every species of traffic in the +persons of our fellow-men."[25] Hartley of Pennsylvania called up the +memorial of the preceding day, and it was read a second time and a +motion for commitment made. Plain words now came from Tucker of South +Carolina. "The petition," he said, "contained an unconstitutional +request." The commitment would alarm the South. These petitions were +"mischievous" attempts to imbue the slaves with false hopes. The South +would not submit to a general emancipation without "civil war." The +commitment would "blow the trumpet of sedition in the Southern States," +echoed his colleague, Burke. The Pennsylvania men spoke just as boldly. +Scott declared the petition constitutional, and was sorry that the +Constitution did not interdict this "most abominable" traffic. "Perhaps, +in our Legislative capacity," he said, "we can go no further than to +impose a duty of ten dollars, but I do not know how far I might go if I +was one of the Judges of the United States, and those people were to +come before me and claim their emancipation; but I am sure I would go as +far as I could." Jackson of Georgia rejoined in true Southern spirit, +boldly defending slavery in the light of religion and history, and +asking if it was "good policy to bring forward a business at this moment +likely to light up the flame of civil discord; for the people of the +Southern States will resist one tyranny as soon as another. The other +parts of the Continent may bear them down by force of arms, but they +will never suffer themselves to be divested of their property without a +struggle. The gentleman says, if he was a Federal Judge, he does not +know to what length he would go in emancipating these people; but I +believe his judgment would be of short duration in Georgia, perhaps even +the existence of such a Judge might be in danger." Baldwin, his +New-England-born colleague, urged moderation by reciting the difficulty +with which the constitutional compromise was reached, and declaring, +"the moment we go to jostle on that ground, I fear we shall feel it +tremble under our feet." Lawrence of New York wanted to commit the +memorials, in order to see how far Congress might constitutionally +interfere. Smith of South Carolina, in a long speech, said that his +constituents entered the Union "from political, not from moral motives," +and that "we look upon this measure as an attack upon the palladium of +the property of our country." Page of Virginia, although a slave owner, +urged commitment, and Madison again maintained the appropriateness of +the request, and suggested that "regulations might be made in relation +to the introduction of them [i.e., slaves] into the new States to be +formed out of the Western Territory." Even conservative Gerry of +Massachusetts declared, with regard to the whole trade, that the fact +that "we have a right to regulate this business, is as clear as that we +have any rights whatever." + +Finally, by a vote of 43 to 11, the memorials were committed, the South +Carolina and Georgia delegations, Bland and Coles of Virginia, Stone of +Maryland, and Sylvester of New York voting in the negative.[26] A +committee, consisting of Foster of New Hampshire, Huntington of +Connecticut, Gerry of Massachusetts, Lawrence of New York, Sinnickson of +New Jersey, Hartley of Pennsylvania, and Parker of Virginia, was charged +with the matter, and reported Friday, March 5. The absence of Southern +members on this committee compelled it to make this report a sort of +official manifesto on the aims of Northern anti-slavery politics. As +such, it was sure to meet with vehement opposition in the House, even +though conservatively worded. Such proved to be the fact when the +committee reported. The onslaught to "negative the whole report" was +prolonged and bitter, the debate _pro_ and _con_ lasting several +days.[27] + + +46. ~The Declaration of Powers, 1790.~ The result is best seen by +comparing the original report with the report of the Committee of the +Whole, adopted by a vote of 29 to 25 Monday, March 23, 1790:[28]-- + + REPORT OF THE SELECT COMMITTEE. + + That, from the nature of the matters contained in these + memorials, they were induced to examine the powers vested in + Congress, under the present Constitution, relating to the + Abolition of Slavery, and are clearly of opinion, + + _First._ That the General Government is expressly restrained + from prohibiting the importation of such persons 'as any of + the States now existing shall think proper to admit, until the + year one thousand eight hundred and eight.' + + _Secondly._ That Congress, by a fair construction of the + Constitution, are equally restrained from interfering in the + emancipation of slaves, who already are, or who may, within + the period mentioned, be imported into, or born within, any of + the said States. + + _Thirdly._ That Congress have no authority to interfere in the + internal regulations of particular States, relative to the + instructions of slaves in the principles of morality and + religion; to their comfortable clothing, accommodations, and + subsistence; to the regulation of their marriages, and the + prevention of the violation of the rights thereof, or to the + separation of children from their parents; to a comfortable + provision in cases of sickness, age, or infirmity; or to the + seizure, transportation, or sale of free negroes; but have the + fullest confidence in the wisdom and humanity of the + Legislatures of the several States, that they will revise + their laws from time to time, when necessary, and promote the + objects mentioned in the memorials, and every other measure + that may tend to the happiness of slaves. + + _Fourthly._ That, nevertheless, Congress have authority, if + they shall think it necessary, to lay at any time a tax or + duty, not exceeding ten dollars for each person of any + description, the importation of whom shall be by any of the + States admitted as aforesaid. + + _Fifthly._ That Congress have authority to interdict,[29] or + (so far as it is or may be carried on by citizens of the + United States, for supplying foreigners), to regulate the + African trade, and to make provision for the humane treatment + of slaves, in all cases while on their passage to the United + States, or to foreign ports, so far as respects the citizens + of the United States. + + _Sixthly._ That Congress have also authority to prohibit + foreigners from fitting out vessels in any port of the United + States, for transporting persons from Africa to any foreign + port. + + _Seventhly._ That the memorialists be informed, that in all + cases to which the authority of Congress extends, they will + exercise it for the humane objects of the memorialists, so far + as they can be promoted on the principles of justice, + humanity, and good policy. + + * * * * * + + REPORT OF THE COMMITTEE OF THE WHOLE. + + _First._ That the migration or importation of such persons as + any of the States now existing shall think proper to admit, + cannot be prohibited by Congress, prior to the year one + thousand eight hundred and eight. + + _Secondly._ That Congress have no authority to interfere in + the emancipation of slaves, or in the treatment of them within + any of the States; it remaining with the several States alone + to provide any regulation therein, which humanity and true + policy may require. + + _Thirdly._ That Congress have authority to restrain the + citizens of the United States from carrying on the African + trade, for the purpose of supplying foreigners with slaves, + and of providing, by proper regulations, for the humane + treatment, during their passage, of slaves imported by the + said citizens into the States admitting such importation. + + _Fourthly._ That Congress have authority to prohibit + foreigners from fitting out vessels in any port of the United + States for transporting persons from Africa to any foreign + port. + + +47. ~The Act of 1794.~ This declaration of the powers of the central +government over the slave-trade bore early fruit in the second Congress, +in the shape of a shower of petitions from abolition societies in +Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, +Maryland, and Virginia.[30] In some of these slavery was denounced as +"an outrageous violation of one of the most essential rights of human +nature,"[31] and the slave-trade as a traffic "degrading to the rights +of man" and "repugnant to reason."[32] Others declared the trade +"injurious to the true commercial interest of a nation,"[33] and asked +Congress that, having taken up the matter, they do all in their power to +limit the trade. Congress was, however, determined to avoid as long as +possible so unpleasant a matter, and, save an angry attempt to censure a +Quaker petitioner,[34] nothing was heard of the slave-trade until the +third Congress. + +Meantime, news came from the seas southeast of Carolina and Georgia +which influenced Congress more powerfully than humanitarian arguments +had done. The wild revolt of despised slaves, the rise of a noble black +leader, and the birth of a new nation of Negro freemen frightened the +pro-slavery advocates and armed the anti-slavery agitation. As a result, +a Quaker petition for a law against the transport traffic in slaves was +received without a murmur in 1794,[35] and on March 22 the first +national act against the slave-trade became a law.[36] It was designed +"to prohibit the carrying on the Slave Trade from the United States to +any foreign place or country," or the fitting out of slavers in the +United States for that country. The penalties for violation were +forfeiture of the ship, a fine of $1000 for each person engaged, and of +$200 for each slave transported. If the Quakers thought this a triumph +of anti-slavery sentiment, they were quickly undeceived. Congress might +willingly restrain the country from feeding West Indian turbulence, and +yet be furious at a petition like that of 1797,[37] calling attention to +"the oppressed state of our brethren of the African race" in this +country, and to the interstate slave-trade. "Considering the present +extraordinary state of the West India Islands and of Europe," young John +Rutledge insisted "that 'sufficient for the day is the evil thereof,' +and that they ought to shut their door against any thing which had a +tendency to produce the like confusion in this country." After excited +debate and some investigation by a special committee, the petition was +ordered, in both Senate and House, to be withdrawn. + + +48. ~The Act of 1800.~ In the next Congress, the sixth, another petition +threw the House into paroxysms of slavery debate. Waln of Pennsylvania +presented the petition of certain free colored men of Pennsylvania +praying for a revision of the slave-trade laws and of the fugitive-slave +law, and for prospective emancipation.[38] Waln moved the reference of +this memorial to a committee already appointed on the revision of the +loosely drawn and poorly enforced Act of 1794.[39] Rutledge of South +Carolina immediately arose. He opposed the motion, saying, that these +petitions were continually coming in and stirring up discord; that it +was a good thing the Negroes were in slavery; and that already "too much +of this new-fangled French philosophy of liberty and equality" had found +its way among them. Others defended the right of petition, and declared +that none wished Congress to exceed its powers. Brown of Rhode Island, a +new figure in Congress, a man of distinguished services and from a +well-known family, boldly set forth the commercial philosophy of his +State. "We want money," said he, "we want a navy; we ought therefore to +use the means to obtain it. We ought to go farther than has yet been +proposed, and repeal the bills in question altogether, for why should we +see Great Britain getting all the slave trade to themselves; why may not +our country be enriched by that lucrative traffic? There would not be a +slave the more sold, but we should derive the benefits by importing from +Africa as well as that nation." Waln, in reply, contended that they +should look into "the slave trade, much of which was still carrying on +from Rhode Island, Boston and Pennsylvania." Hill of North Carolina +called the House back from this general discussion to the petition in +question, and, while willing to remedy any existing defect in the Act of +1794, hoped the petition would not be received. Dana of Connecticut +declared that the paper "contained nothing but a farrago of the French +metaphysics of liberty and equality;" and that "it was likely to produce +some of the dreadful scenes of St. Domingo." The next day Rutledge again +warned the House against even discussing the matter, as "very serious, +nay, dreadful effects, must be the inevitable consequence." He held up +the most lurid pictures of the fatuity of the French Convention in +listening to the overtures of the "three emissaries from St. Domingo," +and thus yielding "one of the finest islands in the world" to "scenes +which had never been practised since the destruction of Carthage." "But, +sir," he continued, "we have lived to see these dreadful scenes. These +horrid effects have succeeded what was conceived once to be trifling. +Most important consequences may be the result, although gentlemen little +apprehend it. But we know the situation of things there, although they +do not, and knowing we deprecate it. There have been emissaries amongst +us in the Southern States; they have begun their war upon us; an actual +organization has commenced; we have had them meeting in their club +rooms, and debating on that subject.... Sir, I do believe that persons +have been sent from France to feel the pulse of this country, to know +whether these [i.e., the Negroes] are the proper engines to make use of: +these people have been talked to; they have been tampered with, and this +is going on." + +Finally, after censuring certain parts of this Negro petition, Congress +committed the part on the slave-trade to the committee already +appointed. Meantime, the Senate sent down a bill to amend the Act of +1794, and the House took this bill under consideration.[40] Prolonged +debate ensued. Brown of Rhode Island again made a most elaborate plea +for throwing open the foreign slave-trade. Negroes, he said, bettered +their condition by being enslaved, and thus it was morally wrong and +commercially indefensible to impose "a heavy fine and imprisonment ... +for carrying on a trade so advantageous;" or, if the trade must be +stopped, then equalize the matter and abolish slavery too. Nichols of +Virginia thought that surely the gentlemen would not advise the +importation of more Negroes; for while it "was a fact, to be sure," that +they would thus improve their condition, "would it be policy so to do?" +Bayard of Delaware said that "a more dishonorable item of revenue" than +that derived from the slave-trade "could not be established." Rutledge +opposed the new bill as defective and impracticable: the former act, he +said, was enough; the States had stopped the trade, and in addition the +United States had sought to placate philanthropists by stopping the use +of our ships in the trade. "This was going very far indeed." New England +first began the trade, and why not let them enjoy its profits now as +well as the English? The trade could not be stopped. + +The bill was eventually recommitted and reported again.[41] "On the +question for its passing, a long and warm debate ensued," and several +attempts to postpone it were made; it finally passed, however, only +Brown of Rhode Island, Dent of Maryland, Rutledge and Huger of South +Carolina, and Dickson of North Carolina voting against it, and 67 voting +for it.[42] This Act of May 10, 1800,[43] greatly strengthened the Act +of 1794. The earlier act had prohibited citizens from equipping slavers +for the foreign trade; but this went so far as to forbid them having any +interest, direct or indirect, in such voyages, or serving on board +slave-ships in any capacity. Imprisonment for two years was added to the +former fine of $2000, and United States commissioned ships were directed +to capture such slavers as prizes. The slaves though forfeited by the +owner, were not to go to the captor; and the act omitted to say what +disposition should be made of them. + + +49. ~The Act of 1803.~ The Haytian revolt, having been among the main +causes of two laws, soon was the direct instigation to a third. The +frightened feeling in the South, when freedmen from the West Indies +began to arrive in various ports, may well be imagined. On January 17, +1803, the town of Wilmington, North Carolina, hastily memorialized +Congress, stating the arrival of certain freed Negroes from Guadeloupe, +and apprehending "much danger to the peace and safety of the people of +the Southern States of the Union" from the "admission of persons of that +description into the United States."[44] The House committee which +considered this petition hastened to agree "That the system of policy +stated in the said memorial to exist, and to be now pursued in the +French colonial government, of the West Indies, is fraught with danger +to the peace and safety of the United States. That the fact stated to +have occurred in the prosecution of that system of policy, demands the +prompt interference of the Government of the United States, as well +Legislative as Executive."[45] The result was a bill providing for the +forfeiture of any ship which should bring into States prohibiting the +same "any negro, mulatto, or other person of color;" the captain of the +ship was also to be punished. After some opposition[46] the bill became +a law, February 28, 1803.[47] + + +50. ~State of the Slave-Trade from 1789 to 1803.~ Meantime, in spite of +the prohibitory State laws, the African slave-trade to the United States +continued to flourish. It was notorious that New England traders carried +on a large traffic.[48] Members stated on the floor of the House that +"it was much to be regretted that the severe and pointed statute against +the slave trade had been so little regarded. In defiance of its +forbiddance and its penalties, it was well known that citizens and +vessels of the United States were still engaged in that traffic.... In +various parts of the nation, outfits were made for slave-voyages, +without secrecy, shame, or apprehension.... Countenanced by their +fellow-citizens at home, who were as ready to buy as they themselves +were to collect and to bring to market, they approached our Southern +harbors and inlets, and clandestinely disembarked the sooty offspring of +the Eastern, upon the ill fated soil of the Western hemisphere. In this +way, it had been computed that, during the last twelve months, twenty +thousand enslaved negroes had been transported from Guinea, and, by +smuggling, added to the plantation stock of Georgia and South Carolina. +So little respect seems to have been paid to the existing prohibitory +statute, that it may almost be considered as disregarded by common +consent."[49] + +These voyages were generally made under the flag of a foreign nation, +and often the vessel was sold in a foreign port to escape confiscation. +South Carolina's own Congressman confessed that although the State had +prohibited the trade since 1788, she "was unable to enforce" her laws. +"With navigable rivers running into the heart of it," said he, "it was +impossible, with our means, to prevent our Eastern brethren, who, in +some parts of the Union, in defiance of the authority of the General +Government, have been engaged in this trade, from introducing them into +the country. The law was completely evaded, and, for the last year or +two [1802-3], Africans were introduced into the country in numbers +little short, I believe, of what they would have been had the trade been +a legal one."[50] The same tale undoubtedly might have been told of +Georgia. + + +51. ~The South Carolina Repeal of 1803.~ This vast and apparently +irrepressible illicit traffic was one of three causes which led South +Carolina, December 17, 1803, to throw aside all pretence and legalize +her growing slave-trade; the other two causes were the growing certainty +of total prohibition of the traffic in 1808, and the recent purchase of +Louisiana by the United States, with its vast prospective demand for +slave labor. Such a combination of advantages, which meant fortunes to +planters and Charleston slave-merchants, could not longer be withheld +from them; the prohibition was repealed, and the United States became +again, for the first time in at least five years, a legal slave mart. +This action shocked the nation, frightening Southern States with visions +of an influx of untrained barbarians and servile insurrections, and +arousing and intensifying the anti-slavery feeling of the North, which +had long since come to think of the trade, so far as legal enactment +went, as a thing of the past. + +Scarcely a month after this repeal, Bard of Pennsylvania solemnly +addressed Congress on the matter. "For many reasons," said he, "this +House must have been justly surprised by a recent measure of one of the +Southern States. The impressions, however, which that measure gave my +mind, were deep and painful. Had I been informed that some formidable +foreign Power had invaded our country, I would not, I ought not, be more +alarmed than on hearing that South Carolina had repealed her law +prohibiting the importation of slaves.... Our hands are tied, and we are +obliged to stand confounded, while we see the flood-gate opened, and +pouring incalculable miseries into our country."[51] He then moved, as +the utmost legal measure, a tax of ten dollars per head on slaves +imported. + +Debate on this proposition did not occur until February 14, when Lowndes +explained the circumstances of the repeal, and a long controversy took +place.[52] Those in favor of the tax argued that the trade was wrong, +and that the tax would serve as some slight check; the tax was not +inequitable, for if a State did not wish to bear it she had only to +prohibit the trade; the tax would add to the revenue, and be at the same +time a moral protest against an unjust and dangerous traffic. Against +this it was argued that if the tax furnished a revenue it would defeat +its own object, and make prohibition more difficult in 1808; it was +inequitable, because it was aimed against one State, and would fall +exclusively on agriculture; it would give national sanction to the +trade; it would look "like an attempt in the General Government to +correct a State for the undisputed exercise of its constitutional +powers;" the revenue would be inconsiderable, and the United States had +nothing to do with the moral principle; while a prohibitory tax would be +defensible, a small tax like this would be useless as a protection and +criminal as a revenue measure. + +The whole debate hinged on the expediency of the measure, few defending +South Carolina's action.[53] Finally, a bill was ordered to be brought +in, which was done on the 17th.[54] Another long debate took place, +covering substantially the same ground. It was several times hinted that +if the matter were dropped South Carolina might again prohibit the +trade. This, and the vehement opposition, at last resulted in the +postponement of the bill, and it was not heard from again during the +session. + + +52. ~The Louisiana Slave-Trade, 1803-1805.~ About this time the cession +of Louisiana brought before Congress the question of the status of +slavery and the slave-trade in the Territories. Twice or thrice before +had the subject called for attention. The first time was in the Congress +of the Confederation, when, by the Ordinance of 1787,[55] both slavery +and the slave-trade were excluded from the Northwest Territory. In 1790 +Congress had accepted the cession of North Carolina back lands on the +express condition that slavery there be undisturbed.[56] Nothing had +been said as to slavery in the South Carolina cession (1787),[57] but it +was tacitly understood that the provision of the Northwest Ordinance +would not be applied. In 1798 the bill introduced for the cession of +Mississippi contained a specific declaration that the anti-slavery +clause of 1787 should not be included.[58] The bill passed the Senate, +but caused long and excited debate in the House.[59] It was argued, on +the one hand, that the case in Mississippi was different from that in +the Northwest Territory, because slavery was a legal institution in all +the surrounding country, and to prohibit the institution was virtually +to prohibit the settling of the country. On the other hand, Gallatin +declared that if this amendment should not obtain, "he knew not how +slaves could be prevented from being introduced by way of New Orleans, +by persons who are not citizens of the United States." It was moved to +strike out the excepting clause; but the motion received only twelve +votes,--an apparent indication that Congress either did not appreciate +the great precedent it was establishing, or was reprehensibly careless. +Harper of South Carolina then succeeded in building up the Charleston +slave-trade interest by a section forbidding the slave traffic from +"without the limits of the United States." Thatcher moved to strike out +the last clause of this amendment, and thus to prohibit the interstate +trade, but he failed to get a second.[60] Thus the act passed, punishing +the introduction of slaves from without the country by a fine of $300 +for each slave, and freeing the slave.[61] + +In 1804 President Jefferson communicated papers to Congress on the +status of slavery and the slave-trade in Louisiana.[62] The Spanish had +allowed the traffic by edict in 1793, France had not stopped it, and +Governor Claiborne had refrained from interference. A bill erecting a +territorial government was already pending.[63] The Northern "District +of Louisiana" was placed under the jurisdiction of Indiana Territory, +and was made subject to the provisions of the Ordinance of 1787. Various +attempts were made to amend the part of the bill referring to the +Southern Territory: first, so as completely to prohibit the +slave-trade;[64] then to compel the emancipation at a certain age of all +those imported;[65] next, to confine all importation to that from the +States;[66] and, finally, to limit it further to slaves imported before +South Carolina opened her ports.[67] The last two amendments prevailed, +and the final act also extended to the Territory the Acts of 1794 and +1803. Only slaves imported before May 1, 1798, could be introduced, and +those must be slaves of actual settlers.[68] All slaves illegally +imported were freed. + +This stringent act was limited to one year. The next year, in accordance +with the urgent petition of the inhabitants, a bill was introduced +against these restrictions.[69] By dexterous wording, this bill, which +became a law March 2, 1805,[70] swept away all restrictions upon the +slave-trade except that relating to foreign ports, and left even this +provision so ambiguous that, later, by judicial interpretation of the +law,[71] the foreign slave-trade was allowed, at least for a time. + +Such a stream of slaves now poured into the new Territory that the +following year a committee on the matter was appointed by the House.[72] +The committee reported that they "are in possession of the fact, that +African slaves, lately imported into Charleston, have been thence +conveyed into the territory of Orleans, and, in their opinion, this +practice will be continued to a very great extent, while there is no law +to prevent it."[73] The House ordered a bill checking this to be +prepared; and such a bill was reported, but was soon dropped.[74] +Importations into South Carolina during this time reached enormous +proportions. Senator Smith of that State declared from official returns +that, between 1803 and 1807, 39,075 Negroes were imported into +Charleston, most of whom went to the Territories.[75] + + +53. ~Last Attempts at Taxation, 1805-1806.~ So alarming did the trade +become that North Carolina passed a resolution in December, 1804,[76] +proposing that the States give Congress power to prohibit the trade. +Massachusetts,[77] Vermont,[78] New Hampshire,[79] and Maryland[80] +responded; and a joint resolution was introduced in the House, proposing +as an amendment to the Constitution "That the Congress of the United +States shall have power to prevent the further importation of slaves +into the United States and the Territories thereof."[81] Nothing came +of this effort; but meantime the project of taxation was revived. A +motion to this effect, made in February, 1805, was referred to a +Committee of the Whole, but was not discussed. Early in the first +session of the ninth Congress the motion of 1805 was renewed; and +although again postponed on the assurance that South Carolina was about +to stop the trade,[82] it finally came up for debate January 20, +1806.[83] Then occurred a most stubborn legislative battle, which lasted +during the whole session.[84] Several amendments to the motion were +first introduced, so as to make it apply to all immigrants, and again to +all "persons of color." As in the former debate, it was proposed to +substitute a resolution of censure on South Carolina. All these +amendments were lost. A long debate on the expediency of the measure +followed, on the old grounds. Early of Georgia dwelt especially on the +double taxation it would impose on Georgia; others estimated that a +revenue of one hundred thousand dollars might be derived from the tax, a +sum sufficient to replace the tax on pepper and medicines. Angry charges +and counter-charges were made,--e.g., that Georgia, though ashamed +openly to avow the trade, participated in it as well as South Carolina. +"Some recriminations ensued between several members, on the +participation of the traders of some of the New England States in +carrying on the slave trade." Finally, January 22, by a vote of 90 to +25, a tax bill was ordered to be brought in.[85] One was reported on the +27th.[86] Every sort of opposition was resorted to. On the one hand, +attempts were made to amend it so as to prohibit importation after 1807, +and to prevent importation into the Territories; on the other hand, +attempts were made to recommit and postpone the measure. It finally got +a third reading, but was recommitted to a select committee, and +disappeared until February 14.[87] Being then amended so as to provide +for the forfeiture of smuggled cargoes, but saying nothing as to the +disposition of the slaves, it was again relegated to a committee, after +a vote of 69 to 42 against postponement.[88] On March 4 it appeared +again, and a motion to reject it was lost. Finally, in the midst of the +war scare and the question of non-importation of British goods, the bill +was apparently forgotten, and the last attempt to tax imported slaves +ended, like the others, in failure. + + +54. ~Key-Note of the Period.~ One of the last acts of this period +strikes again the key-note which sounded throughout the whole of it. On +February 20, 1806, after considerable opposition, a bill to prohibit +trade with San Domingo passed the Senate.[89] In the House it was +charged by one side that the measure was dictated by France, and by the +other, that it originated in the fear of countenancing Negro +insurrection. The bill, however, became a law, and by continuations +remained on the statute-books until 1809. Even at that distance the +nightmare of the Haytian insurrection continued to haunt the South, and +a proposal to reopen trade with the island caused wild John Randolph to +point out the "dreadful evil" of a "direct trade betwixt the town of +Charleston and the ports of the island of St. Domingo."[90] + +Of the twenty years from 1787 to 1807 it can only be said that they +were, on the whole, a period of disappointment so far as the suppression +of the slave-trade was concerned. Fear, interest, and philanthropy +united for a time in an effort which bade fair to suppress the trade; +then the real weakness of the constitutional compromise appeared, and +the interests of the few overcame the fears and the humanity of the +many. + + +FOOTNOTES: + + [1] Prince, _Digest of the Laws of Georgia_, p. 786; Marbury + and Crawford, _Digest of the Laws of Georgia_, pp. 440, 442. + The exact text of this act appears not to be extant. Section + I. is stated to have been "re-enacted by the constitution." + Possibly this act prohibited slaves also, although this is not + certain. Georgia passed several regulative acts between 1755 + and 1793. Cf. Renne, _Colonial Acts of Georgia_, pp. 73-4, + 164, note. + + [2] Marbury and Crawford, _Digest_, p. 30, § 11. The clause + was penned by Peter J. Carnes of Jefferson. Cf. W.B. Stevens, + _History of Georgia_ (1847), II. 501. + + [3] Grimké, _Public Laws_, p. 466. + + [4] Cooper and McCord, _Statutes_, VII. 431. + + [5] _Ibid._, VII. 433-6, 444, 447. + + [6] _Ibid._, VII. 449. + + [7] Martin, _Iredell's Acts of Assembly_, I. 492. + + [8] _Ibid._, II. 53. + + [9] Cf. _Ibid._, II. 94; _Laws of North Carolina_ (revision of + 1819), I. 786. + + [10] Virginia codified her whole slave legislation in 1792 + (_Va. Statutes at Large_, New Ser., I. 122), and amended her + laws in 1798 and 1806 (_Ibid._, III. 251). + + [11] Dorsey, _Laws of Maryland, 1796_, I. 334. + + [12] _Laws of Delaware, 1797_ (Newcastle ed.), p. 942, ch. 194 b. + + [13] Dallas, _Laws_, II. 586. + + [14] Paterson, _Digest of the Laws of New Jersey_ (1800), pp. + 307-13. In 1804 New Jersey passed an act gradually to abolish + slavery. The legislation of New York at this period was + confined to regulating the exportation of slave criminals + (1790), and to passing an act gradually abolishing slavery + (1799). In 1801 she codified all her acts. + + [15] _Acts and Laws of Connecticut_ (ed. 1784), pp. 368, 369, 388. + + [16] _Ibid._, p. 412. + + [17] _Perpetual Laws of Massachusetts, 1780-89_, pp. 235-6. + + [18] _Queries Respecting Slavery_, etc., in _Mass. Hist. Soc. + Coll._, 1st Ser., IV. 205. + + [19] _Annals of Cong._, 1 Cong, 1 sess. pp. 336-41. + + [20] _Annals of Cong._, 1 Cong. 1 sess. p. 903. + + [21] _Ibid._, 1 Cong. 2 sess. pp. 1182-3. + + [22] _Journals of Cong., 1782-3_, pp. 418-9. Cf. above, pp. + 56-57. + + [23] _Annals of Cong._, 1 Cong. 2 sess. p. 1184. + + [24] _Ibid._, pp. 1182-91. + + [25] _Annals of Cong._, 1 Cong. 2 sess. pp. 1197-1205. + + [26] _House Journal_ (repr. 1826), 1 Cong. 2 sess. I. 157-8. + + [27] _Annals of Cong._, I Cong. 2 sess. pp. 1413-7. + + [28] For the reports and debates, cf. _Annals of Cong._, 1 + Cong. 2 sess. pp. 1413-7, 1450-74; _House Journal_ (repr. + 1826), 1 Cong. 2 sess. I. 168-81. + + [29] A clerical error in the original: "interdict" and + "regulate" should be interchanged. + + [30] See _Memorials presented to Congress_, etc. (1792), + published by the Pennsylvania Abolition Society. + + [31] From the Virginia petition. + + [32] From the petition of Baltimore and other Maryland + societies. + + [33] From the Providence Abolition Society's petition. + + [34] _House Journal_ (repr. 1826), 2 Cong. 2 sess. I. 627-9; + _Annals of Cong._, 2 Cong. 2 sess. pp. 728-31. + + [35] _Annals of Cong._, 3 Cong. 1 sess. pp. 64, 70, 72; _House + Journal_ (repr. 1826), 3 Cong. 1 sess. II. 76, 84-5, 96-100; + _Senate Journal_ (repr. 1820), 3 Cong. 1 sess. II. 51. + + [36] _Statutes at Large_, I. 347-9. + + [37] _Annals of Cong._, 5 Cong. 2 sess. pp. 656-70, 945-1033. + + [38] _Annals of Cong._, 6 Cong. 1 sess. p. 229. + + [39] Dec. 12, 1799: _House Journal_ (repr. 1826), 6 Cong. 1 + sess. III. 535. For the debate, see _Annals of Cong._, 6 Cong. + 1 sess. pp. 230-45. + + [40] _Senate Journal_ (repr. 1821), 6 Cong. 1 sess. III. 72, + 77, 88, 92; see _Ibid._, Index, Bill No. 62; _House Journal_ + (repr. 1826), 6 Cong. 1 sess. III., Index, House Bill No. 247. + For the debate, see _Annals of Cong._, 6 Cong. 1 sess. pp. + 686-700. + + [41] _Annals of Cong._, 6 Cong. 1 sess. p. 697. + + [42] _Ibid._, p. 699-700. + + [43] _Statutes at Large_, II. 70. + + [44] _Annals of Cong._, 7 Cong. 2 sess. pp. 385-6. + + [45] _Ibid._, p. 424. + + [46] See House Bills Nos. 89 and 101; _Annals of Cong._, 7 + Cong. 2 sess. pp. 424, 459-67. For the debate, see _Ibid._, + pp. 459-72. + + [47] _Statutes at Large_, II. 205. + + [48] Cf. Fowler, _Local Law in Massachusetts and Connecticut_, + etc., p. 126. + + [49] Speech of S.L. Mitchell of New York, Feb. 14, 1804: + _Annals of Cong._, 8 Cong. 1 sess. p. 1000. Cf. also speech of + Bedinger: _Ibid._, pp. 997-8. + + [50] Speech of Lowndes in the House, Feb. 14, 1804: _Annals of + Cong._, 8 Cong., 1 sess. p. 992. Cf. Stanton's speech later: + _Ibid._, 9 Cong. 2 sess. p. 240. + + [51] _Annals of Cong._, 8 Cong. 1 sess. pp. 820, 876. + + [52] _Ibid._, pp. 992-1036. + + [53] Huger of South Carolina declared that the whole South + Carolina Congressional delegation opposed the repeal of the + law, although they maintained the State's right to do so if + she chose: _Annals of Cong._, 8 Cong. 1 sess. p. 1005. + + [54] _Ibid._, pp. 1020-36; _House Journal_ (repr. 1826), 8 + Cong. 1 sess. IV 523, 578, 580, 581-5. + + [55] On slavery in the Territories, cf. Welling, in _Report + Amer. Hist. Assoc._, 1891, pp. 133-60. + + [56] _Statutes at Large_, I. 108. + + [57] _Journals of Cong._, XII. 137-8. + + [58] _Annals of Cong._, 5 Cong. 1 sess. pp. 511, 515, 532-3. + + [59] _Ibid._, 5 Cong. 2 sess. pp. 1235, 1249, 1277-84, + 1296-1313. + + [60] _Annals of Cong._, 5 Cong. 2 sess. p. 1313. + + [61] _Statutes at Large_, I. 549. + + [62] _Amer. State Papers, Miscellaneous_, I. No. 177. + + [63] _Annals of Cong._, 8 Cong. 1 sess. pp. 106, 211, 223, + 231, 233-4, 238. + + [64] _Ibid._, pp. 240, 1186. + + [65] _Ibid._, p. 241. + + [66] _Ibid._, p. 240. + + [67] _Ibid._, p. 242. + + [68] For further proceedings, see _Annals of Cong._, 8 Cong. 1 + sess. pp. 240-55, 1038-79, 1128-9, 1185-9. For the law, see + _Statutes at Large_, II. 283-9. + + [69] First, a bill was introduced applying the Northwest + Ordinance to the Territory (_Annals of Cong._, 8 Cong. 2 sess. + pp. 45-6); but this was replaced by a Senate bill (_Ibid._, p. + 68; _Senate Journal_, repr. 1821, 8 Cong. 2 sess. III. 464). + For the petition of the inhabitants, see _Annals of Cong._, 8 + Cong. 2 sess. p. 727-8. + + [70] The bill was hurried through, and there are no records of + debate. Cf. _Annals of Cong._, 8 Cong. 2 sess. pp. 28-69, 727, + 871, 957, 1016-20, 1213-5. In _Senate Journal_ (repr. 1821), + III., see Index, Bill No. 8. Importation of slaves was allowed + by a clause erecting a Frame of Government "similar" to that + of the Mississippi Territory. + + [71] _Annals of Cong._, 9 Cong. 1 sess. p. 443. The whole + trade was practically foreign, for the slavers merely entered + the Negroes at Charleston and immediately reshipped them to + New Orleans. Cf. _Annals of Cong._, 16 Cong. 1 sess. p. 264. + + [72] _House Journal_ (repr. 1826), 9 Cong. 1 sess. V. 264; + _Annals of Cong._, 9 Cong. 1 sess. pp. 445, 878. + + [73] _House Reports_, 9 Cong. 1 sess. Feb. 17, 1806. + + [74] House Bill No. 123. + + [75] _Annals of Cong._, 16 Cong. 2 sess. pp. 73-7. This report + covers the time from Jan. 1, 1804, to Dec. 31, 1807. During + that time the following was the number of ships engaged in the + traffic:-- + + From Charleston, 61 From Connecticut, 1 + " Rhode Island, 59 " Sweden, 1 + " Baltimore, 4 " Great Britain, 70 + " Boston, 1 " France, 3 + " Norfolk, 2 202 + + The consignees of these slave ships were natives of + Charleston 13 + Rhode Island 88 + Great Britain 91 + France 10 + ---- + 202 + + The following slaves were imported:-- + By British vessels 19,949 + " French " 1,078 + ------ + 21,027 + + By American vessels:-- + " Charleston merchants 2,006 + " Rhode Island " 7,958 + " Foreign " 5,717 + " other Northern " 930 + " " Southern " 1,437 18,048 + ------ ------ + + Total number of slaves imported, 1804-7 39,075 + + It is, of course, highly probable that the Custom House + returns were much below the actual figures. + + [76] McMaster, _History of the People of the United States_, + III. p. 517. + + [77] _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 171; + _Mass. Resolves_, May, 1802, to March, 1806, Vol. II. A. + (State House ed., p. 239). + + [78] _House Journal_ (repr. 1826), 9 Cong. 1 sess. V. 238. + + [79] _Ibid._, V. 266. + + [80] _Senate Journal_ (repr. 1821), 9 Cong. 1 sess. IV. 76, + 77, 79. + + [81] _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 171. + + [82] _Annals of Cong._, 9 Cong. 1 sess. p. 274. + + [83] _Ibid._, pp. 272-4, 323. + + [84] _Ibid._, pp. 346-52, 358-75, etc., to 520. + + [85] _Ibid._, pp. 374-5. + + [86] See House Bill No. 94. + + [87] _Annals of Cong._, 9 Cong. 1 sess. p. 466. + + [88] _Annals of Cong._, 9 Cong. 1 sess. pp. 519-20. + + [89] _Ibid._, pp. 21, 52, 75, etc., to 138, 485-515, 1228. See + House Bill No. 168. Cf. _Statutes at Large_, II. 421-2. + + [90] A few months later, at the expiration of the period, + trade was quietly reopened. _Annals of Cong._, 11 Cong. 1 + sess. pp. 443-6. + + * * * * * + + + + +_Chapter VIII_ + +THE PERIOD OF ATTEMPTED SUPPRESSION. 1807-1825. + + 55. The Act of 1807. + 56. The First Question: How shall illegally imported Africans be + disposed of? + 57. The Second Question: How shall Violations be punished? + 58. The Third Question: How shall the Interstate Coastwise Slave-Trade + be protected? + 59. Legislative History of the Bill. + 60. Enforcement of the Act. + 61. Evidence of the Continuance of the Trade. + 62. Apathy of the Federal Government. + 63. Typical Cases. + 64. The Supplementary Acts, 1818-1820. + 65. Enforcement of the Supplementary Acts, 1818-1825. + + +55. ~The Act of 1807.~ The first great goal of anti-slavery effort in +the United States had been, since the Revolution, the suppression of the +slave-trade by national law. It would hardly be too much to say that the +Haytian revolution, in addition to its influence in the years from 1791 +to 1806, was one of the main causes that rendered the accomplishment of +this aim possible at the earliest constitutional moment. To the great +influence of the fears of the South was added the failure of the French +designs on Louisiana, of which Toussaint L'Ouverture was the most +probable cause. The cession of Louisiana in 1803 challenged and aroused +the North on the slavery question again; put the Carolina and Georgia +slave-traders in the saddle, to the dismay of the Border States; and +brought the whole slave-trade question vividly before the public +conscience. Another scarcely less potent influence was, naturally, the +great anti-slavery movement in England, which after a mighty struggle of +eighteen years was about to gain its first victory in the British Act of +1807. + +President Jefferson, in his pacificatory message of December 2, 1806, +said: "I congratulate you, fellow-citizens, on the approach of the +period at which you may interpose your authority constitutionally, to +withdraw the citizens of the United States from all further +participation in those violations of human rights which have been so +long continued on the unoffending inhabitants of Africa, and which the +morality, the reputation, and the best interests of our country, have +long been eager to proscribe. Although no law you may pass can take +prohibitory effect till the first day of the year one thousand eight +hundred and eight, yet the intervening period is not too long to +prevent, by timely notice, expeditions which cannot be completed before +that day."[1] + +In pursuance of this recommendation, the very next day Senator Bradley +of Vermont introduced into the Senate a bill which, after a complicated +legislative history, became the Act of March 2, 1807, prohibiting the +African slave-trade.[2] + +Three main questions were to be settled by this bill: first, and most +prominent, that of the disposal of illegally imported Africans; second, +that of the punishment of those concerned in the importation; third, +that of the proper limitation of the interstate traffic by water. + +The character of the debate on these three questions, as well as the +state of public opinion, is illustrated by the fact that forty of the +sixty pages of officially reported debates are devoted to the first +question, less than twenty to the second, and only two to the third. A +sad commentary on the previous enforcement of State and national laws is +the readiness with which it was admitted that wholesale violations of +the law would take place; indeed, Southern men declared that no strict +law against the slave-trade could be executed in the South, and that it +was only by playing on the motives of personal interest that the trade +could be checked. The question of punishment indicated the slowly +changing moral attitude of the South toward the slave system. Early +boldly said, "A large majority of people in the Southern States do not +consider slavery as even an evil."[3] The South, in fact, insisted on +regarding man-stealing as a minor offence, a "misdemeanor" rather than a +"crime." Finally, in the short and sharp debate on the interstate +coastwise trade, the growing economic side of the slavery question came +to the front, the vested interests' argument was squarely put, and the +future interstate trade almost consciously provided for. + +From these considerations, it is doubtful as to how far it was expected +that the Act of 1807 would check the slave traffic; at any rate, so far +as the South was concerned, there seemed to be an evident desire to +limit the trade, but little thought that this statute would definitively +suppress it. + +56. ~The First Question: How shall illegally imported Africans be +disposed of?~ The dozen or more propositions on the question of the +disposal of illegally imported Africans may be divided into two chief +heads, representing two radically opposed parties: 1. That illegally +imported Africans be free, although they might be indentured for a term +of years or removed from the country. 2. That such Africans be sold as +slaves.[4] The arguments on these two propositions, which were many and +far-reaching, may be roughly divided into three classes, political, +constitutional, and moral. + +The political argument, reduced to its lowest terms, ran thus: those +wishing to free the Negroes illegally imported declared that to enslave +them would be to perpetrate the very evil which the law was designed to +stop. "By the same law," they said, "we condemn the man-stealer and +become the receivers of his stolen goods. We punish the criminal, and +then step into his place, and complete the crime."[5] They said that the +objection to free Negroes was no valid excuse; for if the Southern +people really feared this class, they would consent to the imposing of +such penalties on illicit traffic as would stop the importation of a +single slave.[6] Moreover, "forfeiture" and sale of the Negroes implied +a property right in them which did not exist.[7] Waiving this technical +point, and allowing them to be "forfeited" to the government, then the +government should either immediately set them free, or, at the most, +indenture them for a term of years; otherwise, the law would be an +encouragement to violators. "It certainly will be," said they, "if the +importer can find means to evade the penalty of the act; for there he +has all the advantage of a market enhanced by our ineffectual attempt to +prohibit."[8] They claimed that even the indenturing of the ignorant +barbarian for life was better than slavery; and Sloan declared that the +Northern States would receive the freed Negroes willingly rather than +have them enslaved.[9] + +The argument of those who insisted that the Negroes should be sold was +tersely put by Macon: "In adopting our measures on this subject, we must +pass such a law as can be executed."[10] Early expanded this: "It is a +principle in legislation, as correct as any which has ever prevailed, +that to give effect to laws you must not make them repugnant to the +passions and wishes of the people among whom they are to operate. How +then, in this instance, stands the fact? Do not gentlemen from every +quarter of the Union prove, on the discussion of every question that has +ever arisen in the House, having the most remote bearing on the giving +freedom to the Africans in the bosom of our country, that it has excited +the deepest sensibility in the breasts of those where slavery exists? +And why is this so? It is, because those who, from experience, know the +extent of the evil, believe that the most formidable aspect in which it +can present itself, is by making these people free among them. Yes, sir, +though slavery is an evil, regretted by every man in the country, to +have among us in any considerable quantity persons of this description, +is an evil far greater than slavery itself. Does any gentleman want +proof of this? I answer that all proof is useless; no fact can be more +notorious. With this belief on the minds of the people where slavery +exists, and where the importation will take place, if at all, we are +about to turn loose in a state of freedom all persons brought in after +the passage of this law. I ask gentlemen to reflect and say whether such +a law, opposed to the ideas, the passions, the views, and the affections +of the people of the Southern States, can be executed? I tell them, no; +it is impossible--why? Because no man will inform--why? Because to +inform will be to lead to an evil which will be deemed greater than the +offence of which information is given, because it will be opposed to the +principle of self-preservation, and to the love of family. No, no man +will be disposed to jeopard his life, and the lives of his countrymen. +And if no one dare inform, the whole authority of the Government cannot +carry the law into effect. The whole people will rise up against it. +Why? Because to enforce it would be to turn loose, in the bosom of the +country, firebrands that would consume them."[11] + +This was the more tragic form of the argument; it also had a mercenary +side, which was presented with equal emphasis. It was repeatedly said +that the only way to enforce the law was to play off individual +interests against each other. The profit from the sale of illegally +imported Negroes was declared to be the only sufficient "inducement to +give information of their importation."[12] "Give up the idea of +forfeiture, and I challenge the gentleman to invent fines, penalties, or +punishments of any sort, sufficient to restrain the slave trade."[13] +If such Negroes be freed, "I tell you that slaves will continue to be +imported as heretofore.... You cannot get hold of the ships employed in +this traffic. Besides, slaves will be brought into Georgia from East +Florida. They will be brought into the Mississippi Territory from the +bay of Mobile. You cannot inflict any other penalty, or devise any other +adequate means of prevention, than a forfeiture of the Africans in whose +possession they may be found after importation."[14] Then, too, when +foreigners smuggled in Negroes, "who then ... could be operated on, but +the purchasers? There was the rub--it was their interest alone which, by +being operated on, would produce a check. Snap their purse-strings, +break open their strong box, deprive them of their slaves, and by +destroying the temptation to buy, you put an end to the trade, ... +nothing short of a forfeiture of the slave would afford an effectual +remedy."[15] Again, it was argued that it was impossible to prevent +imported Negroes from becoming slaves, or, what was just as bad, from +being sold as vagabonds or indentured for life.[16] Even our own laws, +it was said, recognize the title of the African slave factor in the +transported Negroes; and if the importer have no title, why do we +legislate? Why not let the African immigrant alone to get on as he may, +just as we do the Irish immigrant?[17] If he should be returned to +Africa, his home could not be found, and he would in all probability be +sold into slavery again.[18] + +The constitutional argument was not urged as seriously as the foregoing; +but it had a considerable place. On the one hand, it was urged that if +the Negroes were forfeited, they were forfeited to the United States +government, which could dispose of them as it saw fit;[19] on the other +hand, it was said that the United States, as owner, was subject to State +laws, and could not free the Negroes contrary to such laws.[20] Some +alleged that the freeing of such Negroes struck at the title to all +slave property;[21] others thought that, as property in slaves was not +recognized in the Constitution, it could not be in a statute.[22] The +question also arose as to the source of the power of Congress over the +slave-trade. Southern men derived it from the clause on commerce, and +declared that it exceeded the power of Congress to declare Negroes +imported into a slave State, free, against the laws of that State; that +Congress could not determine what should or should not be property in a +State.[23] Northern men replied that, according to this principle, +forfeiture and sale in Massachusetts would be illegal; that the power of +Congress over the trade was derived from the restraining clause, as a +non-existent power could not be restrained; and that the United States +could act under her general powers as executor of the Law of +Nations.[24] + +The moral argument as to the disposal of illegally imported Negroes was +interlarded with all the others. On the one side, it began with the +"Rights of Man," and descended to a stickling for the decent appearance +of the statute-book; on the other side, it began with the uplifting of +the heathen, and descended to a denial of the applicability of moral +principles to the question. Said Holland of North Carolina: "It is +admitted that the condition of the slaves in the Southern States is much +superior to that of those in Africa. Who, then, will say that the trade +is immoral?"[25] But, in fact, "morality has nothing to do with this +traffic,"[26] for, as Joseph Clay declared, "it must appear to every man +of common sense, that the question could be considered in a commercial +point of view only."[27] The other side declared that, "by the laws of +God and man," these captured Negroes are "entitled to their freedom as +clearly and absolutely as we are;"[28] nevertheless, some were willing +to leave them to the tender mercies of the slave States, so long as the +statute-book was disgraced by no explicit recognition of slavery.[29] +Such arguments brought some sharp sarcasm on those who seemed anxious +"to legislate for the honor and glory of the statute book;"[30] some +desired "to know what honor you will derive from a law that will be +broken every day of your lives."[31] They would rather boldly sell the +Negroes and turn the proceeds over to charity. + +The final settlement of the question was as follows:-- + + "SECTION 4.... And neither the importer, nor any person + or persons claiming from or under him, shall hold any right or + title whatsoever to any negro, mulatto, or person of color, nor + to the service or labor thereof, who may be imported or brought + within the United States, or territories thereof, in violation + of this law, but the same shall remain subject to any + regulations not contravening the provisions of this act, which + the Legislatures of the several States or Territories at any + time hereafter may make, for disposing of any such negro, + mulatto, or person of color."[32] + + +57. ~The Second Question: How shall Violations be punished?~ The next +point in importance was that of the punishment of offenders. The +half-dozen specific propositions reduce themselves to two: 1. A +violation should be considered a crime or felony, and be punished by +death; 2. A violation should be considered a misdemeanor, and be +punished by fine and imprisonment.[33] + +Advocates of the severer punishment dwelt on the enormity of the +offence. It was "one of the highest crimes man could commit," and "a +captain of a ship engaged in this traffic was guilty of murder."[34] The +law of God punished the crime with death, and any one would rather be +hanged than be enslaved.[35] It was a peculiarly deliberate crime, in +which the offender did not act in sudden passion, but had ample time for +reflection.[36] Then, too, crimes of much less magnitude are punished +with death. Shall we punish the stealer of $50 with death, and the +man-stealer with imprisonment only?[37] Piracy, forgery, and fraudulent +sinking of vessels are punishable with death, "yet these are crimes only +against property; whereas the importation of slaves, a crime committed +against the liberty of man, and inferior only to murder or treason, is +accounted nothing but a misdemeanor."[38] Here, indeed, lies the remedy +for the evil of freeing illegally imported Negroes,--in making the +penalty so severe that none will be brought in; if the South is sincere, +"they will unite to a man to execute the law."[39] To free such Negroes +is dangerous; to enslave them, wrong; to return them, impracticable; to +indenture them, difficult,--therefore, by a death penalty, keep them +from being imported.[40] Here the East had a chance to throw back the +taunts of the South, by urging the South to unite with them in hanging +the New England slave-traders, assuring the South that "so far from +charging their Southern brethren with cruelty or severity in hanging +them, they would acknowledge the favor with gratitude."[41] Finally, if +the Southerners would refuse to execute so severe a law because they did +not consider the offence great, they would probably refuse to execute +any law at all for the same reason.[42] + +The opposition answered that the death penalty was more than +proportionate to the crime, and therefore "immoral."[43] "I cannot +believe," said Stanton of Rhode Island, "that a man ought to be hung for +only stealing a negro."[44] It was argued that the trade was after all +but a "transfer from one master to another;"[45] that slavery was worse +than the slave-trade, and the South did not consider slavery a crime: +how could it then punish the trade so severely and not reflect on the +institution?[46] Severity, it was said, was also inexpedient: severity +often increases crime; if the punishment is too great, people will +sympathize with offenders and will not inform against them. Said Mr. +Mosely: "When the penalty is excessive or disproportioned to the +offence, it will naturally create a repugnance to the law, and render +its execution odious."[47] John Randolph argued against even fine and +imprisonment, "on the ground that such an excessive penalty could not, +in such case, be constitutionally imposed by a Government possessed of +the limited powers of the Government of the United States."[48] + +The bill as passed punished infractions as follows:-- + + For equipping a slaver, a fine of $20,000 and forfeiture of the + ship. + + For transporting Negroes, a fine of $5000 and forfeiture of the + ship and Negroes. + + For transporting and selling Negroes, a fine of $1000 to + $10,000, imprisonment from 5 to 10 years, and forfeiture of the + ship and Negroes. + + For knowingly buying illegally imported Negroes, a fine of $800 + for each Negro, and forfeiture. + + +58. ~The Third Question: How shall the Interstate Coastwise Slave-Trade +be protected?~ The first proposition was to prohibit the coastwise +slave-trade altogether,[49] but an amendment reported to the House +allowed it "in any vessel or species of craft whatever." It is probable +that the first proposition would have prevailed, had it not been for the +vehement opposition of Randolph and Early.[50] They probably foresaw the +value which Virginia would derive from this trade in the future, and +consequently Randolph violently declared that if the amendment did not +prevail, "the Southern people would set the law at defiance. He would +begin the example." He maintained that by the first proposition "the +proprietor of sacred and chartered rights is prevented the +Constitutional use of his property."[51] The Conference Committee +finally arranged a compromise, forbidding the coastwise trade for +purposes of sale in vessels under forty tons.[52] This did not suit +Early, who declared that the law with this provision "would not prevent +the introduction of a single slave."[53] Randolph, too, would "rather +lose the bill, he had rather lose all the bills of the session, he had +rather lose every bill passed since the establishment of the Government, +than agree to the provision contained in this slave bill."[54] He +predicted the severance of the slave and the free States, if disunion +should ever come. Congress was, however, weary with the dragging of the +bill, and it passed both Houses with the compromise provision. Randolph +was so dissatisfied that he had a committee appointed the next day, and +introduced an amendatory bill. Both this bill and another similar one, +introduced at the next session, failed of consideration.[55] + + +59. ~Legislative History of the Bill.~[56] On December 12, 1805, Senator +Stephen R. Bradley of Vermont gave notice of a bill to prohibit the +introduction of slaves after 1808. By a vote of 18 to 9 leave was +given, and the bill read a first time on the 17th. On the 18th, however, +it was postponed until "the first Monday in December, 1806." The +presidential message mentioning the matter, Senator Bradley, December 3, +1806, gave notice of a similar bill, which was brought in on the 8th, +and on the 9th referred to a committee consisting of Bradley, Stone, +Giles, Gaillard, and Baldwin. This bill passed, after some +consideration, January 27. It provided, among other things, that +violations of the act should be felony, punishable with death, and +forbade the interstate coast-trade.[57] + +Meantime, in the House, Mr. Bidwell of Massachusetts had proposed, +February 4, 1806, as an amendment to a bill taxing slaves imported, that +importation after December 31, 1807, be prohibited, on pain of fine and +imprisonment and forfeiture of ship.[58] This was rejected by a vote of +86 to 17. On December 3, 1806, the House, in appointing committees on +the message, "_Ordered_, That Mr. Early, Mr. Thomas M. Randolph, Mr. +John Campbell, Mr. Kenan, Mr. Cook, Mr. Kelly, and Mr. Van Rensselaer be +appointed a committee" on the slave-trade. This committee reported a +bill on the 15th, which was considered, but finally, December 18, +recommitted. It was reported in an amended form on the 19th, and amended +in Committee of the Whole so as to make violation a misdemeanor +punishable by fine and imprisonment, instead of a felony punishable by +death.[59] A struggle over the disposal of the cargo then ensued. A +motion by Bidwell to except the cargo from forfeiture was lost, 77 to +39. Another motion by Bidwell may be considered the crucial vote on the +whole bill: it was an amendment to the forfeiture clause, and read, +_"Provided, that no person shall be sold as a slave by virtue of this +act."_[60] This resulted in a tie vote, 60 to 60; but the casting vote +of the Speaker, Macon of North Carolina, defeated it. New England voted +solidly in favor of it, the Middle States stood 4 for and 2 against it, +and the six Southern States stood solid against it. On January 8 the +bill went again to a select committee of seventeen, by a vote of 76 to +46. The bill was reported back amended January 20, and on the 28th the +Senate bill was also presented to the House. On the 9th, 10th, and 11th +of February both bills were considered in Committee of the Whole, and +the Senate bill finally replaced the House bill, after several +amendments had been made.[61] The bill was then passed, by a vote of 113 +to 5.[62] The Senate agreed to the amendments, including that +substituting fine and imprisonment for the death penalty, but asked for +a conference on the provision which left the interstate coast-trade +free. The six conferees succeeded in bringing the Houses to agree, by +limiting the trade to vessels over forty tons and requiring registry of +the slaves.[63] + +The following diagram shows in graphic form the legislative history of +the act:--[64] + + _Senate._ _1805._ _House._ +Bradley gives notice. + Dec. 12. +Leave given; bill read. + 17. +Postponed one year. + 18. + | _1806._ + Feb. 4. + Bidwell's amendment. +Notice. + Dec. 3. + Committee on +Bill introduced. + 8. | slave trade. +Committed. + 9. | + | 15. + Bill reported. + | 17. | + | 18. | + | 19. | + | 23. | + | 29. | + | 31. | + | _1807._ | + | Jan. 5. | + | 7. | + | 8. + Read third time; +Reported. + 15. | recommitted. + | 16. | + | 20. + Reported +Third reading. + 26. | amended. +PASSED. + 27. | + \ _ _ _ _ _ _ _ _ _ _ _ | + 28. | | Senate bill + Feb. 9. | | reported. + 10. | | + 11. + | Senate bill + 12. | amended. +Reported from House. 13. + PASSED. + _ _ _ _ _ _ _ _ _ _ _ | +Reported to House. | 17. Reported back. + - - - - - - - - - - - + 18. | House insists; + - - - - - - - - - - - asks conference. + \ / + - - _ __ - - - - - - + X +House asks conference. _ _ _/ \_ __ + \ _ + 2|5 - - - -_ Conference report + _ _ _ _ _ _-|- - - - - adopted. +Conference report / 2|6 + adopted. \_ _ _ | +Bill enrolled. - - - -2|8 + March |2. + V + Signed by the President. + +This bill received the approval of President Jefferson, March 2, 1807, +and became thus the "Act to prohibit the importation of Slaves into any +port or place within the jurisdiction of the United States, from and +after the first day of January, in the year of our Lord one thousand +eight hundred and eight."[65] The debates in the Senate were not +reported. Those in the House were prolonged and bitter, and hinged +especially on the disposal of the slaves, the punishment of offenders, +and the coast-trade. Men were continually changing their votes, and the +bill see-sawed backward and forward, in committee and out, until the +House was thoroughly worn out. On the whole, the strong anti-slavery +men, like Bidwell and Sloan, were outgeneraled by Southerners, like +Early and Williams; and, considering the immense moral backing of the +anti-slavery party from the Revolutionary fathers down, the bill of 1807 +can hardly be regarded as a great anti-slavery victory. + + +60. ~Enforcement of the Act.~ The period so confidently looked forward +to by the constitutional fathers had at last arrived; the slave-trade +was prohibited, and much oratory and poetry were expended in celebration +of the event. In the face of this, let us see how the Act of 1807 was +enforced and what it really accomplished. It is noticeable, in the first +place, that there was no especial set of machinery provided for the +enforcement of this act. The work fell first to the Secretary of the +Treasury, as head of the customs collection. Then, through the activity +of cruisers, the Secretary of the Navy gradually came to have oversight, +and eventually the whole matter was lodged with him, although the +Departments of State and War were more or less active on different +occasions. Later, at the advent of the Lincoln government, the +Department of the Interior was charged with the enforcement of the +slave-trade laws. It would indeed be surprising if, amid so much +uncertainty and shifting of responsibility, the law were not poorly +enforced. Poor enforcement, moreover, in the years 1808 to 1820 meant +far more than at almost any other period; for these years were, all +over the European world, a time of stirring economic change, and the set +which forces might then take would in a later period be unchangeable +without a cataclysm. Perhaps from 1808 to 1814, in the midst of +agitation and war, there was some excuse for carelessness. From 1814 on, +however, no such palliation existed, and the law was probably enforced +as the people who made it wished it enforced. + +Most of the Southern States rather tardily passed the necessary +supplementary acts disposing of illegally imported Africans. A few +appear not to have passed any. Some of these laws, like the +Alabama-Mississippi Territory Act of 1815,[66] directed such Negroes to +be "sold by the proper officer of the court, to the highest bidder, at +public auction, for ready money." One-half the proceeds went to the +informer or to the collector of customs, the other half to the public +treasury. Other acts, like that of North Carolina in 1816,[67] directed +the Negroes to "be sold and disposed of for the use of the state." +One-fifth of the proceeds went to the informer. The Georgia Act of +1817[68] directed that the slaves be either sold or given to the +Colonization Society for transportation, providing the society reimburse +the State for all expense incurred, and pay for the transportation. In +this manner, machinery of somewhat clumsy build and varying pattern was +provided for the carrying out of the national act. + + +61. ~Evidence of the Continuance of the Trade.~ Undoubtedly, the Act of +1807 came very near being a dead letter. The testimony supporting this +view is voluminous. It consists of presidential messages, reports of +cabinet officers, letters of collectors of revenue, letters of district +attorneys, reports of committees of Congress, reports of naval +commanders, statements made on the floor of Congress, the testimony of +eye-witnesses, and the complaints of home and foreign anti-slavery +societies. + +"When I was young," writes Mr. Fowler of Connecticut, "the slave-trade +was still carried on, by Connecticut shipmasters and Merchant +adventurers, for the supply of southern ports. This trade was carried +on by the consent of the Southern States, under the provisions of the +Federal Constitution, until 1808, and, after that time, clandestinely. +There was a good deal of conversation on the subject, in private +circles." Other States were said to be even more involved than +Connecticut.[69] The African Society of London estimated that, down to +1816, fifteen of the sixty thousand slaves annually taken from Africa +were shipped by Americans. "Notwithstanding the prohibitory act of +America, which was passed in 1807, ships bearing the American flag +continued to trade for slaves until 1809, when, in consequence of a +decision in the English prize appeal courts, which rendered American +slave ships liable to capture and condemnation, that flag suddenly +disappeared from the coast. Its place was almost instantaneously +supplied by the Spanish flag, which, with one or two exceptions, was now +seen for the first time on the African coast, engaged in covering the +slave trade. This sudden substitution of the Spanish for the American +flag seemed to confirm what was established in a variety of instances by +more direct testimony, that the slave trade, which now, for the first +time, assumed a Spanish dress, was in reality only the trade of other +nations in disguise."[70] + +So notorious did the participation of Americans in the traffic become, +that President Madison informed Congress in his message, December 5, +1810, that "it appears that American citizens are instrumental in +carrying on a traffic in enslaved Africans, equally in violation of the +laws of humanity, and in defiance of those of their own country. The +same just and benevolent motives which produced the interdiction in +force against this criminal conduct, will doubtless be felt by Congress, +in devising further means of suppressing the evil."[71] The Secretary of +the Navy wrote the same year to Charleston, South Carolina: "I hear, not +without great concern, that the law prohibiting the importation of +slaves has been violated in frequent instances, near St. Mary's."[72] +Testimony as to violations of the law and suggestions for improving it +also came in from district attorneys.[73] + +The method of introducing Negroes was simple. A slave smuggler says: +"After resting a few days at St. Augustine, ... I agreed to accompany +Diego on a land trip through the United States, where a _kaffle_ of +negroes was to precede us, for whose disposal the shrewd Portuguese had +already made arrangements with my uncle's consignees. I soon learned how +readily, and at what profits, the Florida negroes were sold into the +neighboring American States. The _kaffle_, under charge of negro +drivers, was to strike up the Escambia River, and thence cross the +boundary into Georgia, where some of our wild Africans were mixed with +various squads of native blacks, and driven inland, till sold off, +singly or by couples, on the road. At this period [1812], the United +States had declared the African slave trade illegal, and passed +stringent laws to prevent the importation of negroes; yet the Spanish +possessions were thriving on this inland exchange of negroes and +mulattoes; Florida was a sort of nursery for slave-breeders, and many +American citizens grew rich by trafficking in Guinea negroes, and +smuggling them continually, in small parties, through the southern +United States. At the time I mention, the business was a lively one, +owing to the war then going on between the States and England, and the +unsettled condition of affairs on the border."[74] + +The Spanish flag continued to cover American slave-traders. The rapid +rise of privateering during the war was not caused solely by patriotic +motives; for many armed ships fitted out in the United States obtained a +thin Spanish disguise at Havana, and transported thousands of slaves to +Brazil and the West Indies. Sometimes all disguise was thrown aside, and +the American flag appeared on the slave coast, as in the cases of the +"Paz,"[75] the "Rebecca," the "Rosa"[76] (formerly the privateer +"Commodore Perry"), the "Dorset" of Baltimore,[77] and the "Saucy +Jack."[78] Governor McCarthy of Sierra Leone wrote, in 1817: "The slave +trade is carried on most vigorously by the Spaniards, Portuguese, +Americans and French. I have had it affirmed from several quarters, and +do believe it to be a fact, that there is a greater number of vessels +employed in that traffic than at any former period."[79] + + +62. ~Apathy of the Federal Government.~ The United States cruisers +succeeded now and then in capturing a slaver, like the "Eugene," which +was taken when within four miles of the New Orleans bar.[80] President +Madison again, in 1816, urged Congress to act on account of the +"violations and evasions which, it is suggested, are chargeable on +unworthy citizens, who mingle in the slave trade under foreign flags, +and with foreign ports; and by collusive importations of slaves into the +United States, through adjoining ports and territories."[81] The +executive was continually in receipt of ample evidence of this illicit +trade and of the helplessness of officers of the law. In 1817 it was +reported to the Secretary of the Navy that most of the goods carried to +Galveston were brought into the United States; "the more valuable, and +the slaves are smuggled in through the numerous inlets to the westward, +where the people are but too much disposed to render them every possible +assistance. Several hundred slaves are now at Galveston, and persons +have gone from New-Orleans to purchase them. Every exertion will be +made to intercept them, but I have little hopes of success."[82] Similar +letters from naval officers and collectors showed that a system of slave +piracy had arisen since the war, and that at Galveston there was an +establishment of organized brigands, who did not go to the trouble of +sailing to Africa for their slaves, but simply captured slavers and sold +their cargoes into the United States. This Galveston nest had, in 1817, +eleven armed vessels to prosecute the work, and "the most shameful +violations of the slave act, as well as our revenue laws, continue to be +practised."[83] Cargoes of as many as three hundred slaves were arriving +in Texas. All this took place under Aury, the buccaneer governor; and +when he removed to Amelia Island in 1817 with the McGregor raid, the +illicit traffic in slaves, which had been going on there for years,[84] +took an impulse that brought it even to the somewhat deaf ears of +Collector Bullock. He reported, May 22, 1817: "I have just received +information from a source on which I can implicitly rely, that it has +already become the practice to introduce into the state of Georgia, +across the St. Mary's River, from Amelia Island, East Florida, Africans, +who have been carried into the Port of Fernandina, subsequent to the +capture of it by the Patriot army now in possession of it ...; were the +legislature to pass an act giving compensation in some manner to +informers, it would have a tendency in a great degree to prevent the +practice; as the thing now is, no citizen will take the trouble of +searching for and detecting the slaves. I further understand, that the +evil will not be confined altogether to Africans, but will be extended +to the worst class of West India slaves."[85] + +Undoubtedly, the injury done by these pirates to the regular +slave-trading interests was largely instrumental in exterminating them. +Late in 1817 United States troops seized Amelia Island, and President +Monroe felicitated Congress and the country upon escaping the "annoyance +and injury" of this illicit trade.[86] The trade, however, seems to have +continued, as is shown by such letters as the following, written three +and a half months later:-- + + PORT OF DARIEN, March 14, 1818. + + ... It is a painful duty, sir, to express to you, that I am in + possession of undoubted information, that African and West India + negroes are almost daily illicitly introduced into Georgia, for + sale or settlement, or passing through it to the territories of + the United States for similar purposes; these facts are + notorious; and it is not unusual to see such negroes in the + streets of St. Mary's, and such too, recently captured by our + vessels of war, and ordered to Savannah, were illegally bartered + by hundreds in that city, _for_ this bartering or bonding (as + _it is called_, but in reality _selling_,) actually took place + before any decision had [been] passed by the court respecting + them. I cannot but again express to you, sir, that these + irregularities and mocking of the laws, by men who understand + them, and who, it was presumed, would have respected them, are + such, that it requires the immediate interposition of Congress + to effect a suppression of this traffic; for, as things are, + should a faithful officer of the government apprehend such + negroes, to avoid the penalties imposed by the laws, the + proprietors disclaim them, and some agent of the executive + demands a delivery of the same to him, who may employ them as he + pleases, or effect a sale by way of a bond, for the restoration + of the negroes when legally called on so to do; which bond, it + is _understood_, is to be _forfeited_, as the amount of the bond + is so much less than the value of the property.... There are + many negroes ... recently introduced into this state and the + Alabama territory, and which can be apprehended. The undertaking + would be great; but to be sensible that we shall possess your + approbation, and that we are carrying the views and wishes of + the government into execution, is all we wish, and it shall be + done, independent of every personal consideration. + + I have, etc.[87] + +This "approbation" failed to come to the zealous collector, and on the +5th of July he wrote that, "not being favored with a reply," he has been +obliged to deliver over to the governor's agents ninety-one illegally +imported Negroes.[88] Reports from other districts corroborate this +testimony. The collector at Mobile writes of strange proceedings on the +part of the courts.[89] General D.B. Mitchell, ex-governor of Georgia +and United States Indian agent, after an investigation in 1821 by +Attorney-General Wirt, was found "guilty of having prostituted his +power, as agent for Indian affairs at the Creek agency, to the purpose +of aiding and assisting in a conscious breach of the act of Congress of +1807, in prohibition of the slave trade--and this from mercenary +motives."[90] The indefatigable Collector Chew of New Orleans wrote to +Washington that, "to put a stop to that traffic, a naval force suitable +to those waters is indispensable," and that "vast numbers of slaves will +be introduced to an alarming extent, unless prompt and effectual +measures are adopted by the general government."[91] Other collectors +continually reported infractions, complaining that they could get no +assistance from the citizens,[92] or plaintively asking the services of +"one small cutter."[93] + +Meantime, what was the response of the government to such +representations, and what efforts were made to enforce the act? A few +unsystematic and spasmodic attempts are recorded. In 1811 some special +instructions were sent out,[94] and the President was authorized to +seize Amelia Island.[95] Then came the war; and as late as November 15, +1818, in spite of the complaints of collectors, we find no revenue +cutter on the Gulf coast.[96] During the years 1817 and 1818[97] some +cruisers went there irregularly, but they were too large to be +effective; and the partial suppression of the Amelia Island pirates was +all that was accomplished. On the whole, the efforts of the government +lacked plan, energy, and often sincerity. Some captures of slavers were +made;[98] but, as the collector at Mobile wrote, anent certain cases, +"this was owing rather to accident, than any well-timed arrangement." He +adds: "from the Chandalier Islands to the Perdido river, including the +coast, and numerous other islands, we have only a small boat, with four +men and an inspector, to oppose to the whole confederacy of smugglers +and pirates."[99] + +To cap the climax, the government officials were so negligent that +Secretary Crawford, in 1820, confessed to Congress that "it appears, +from an examination of the records of this office, that no particular +instructions have ever been given, by the Secretary of the Treasury, +under the original or supplementary acts prohibiting the introduction of +slaves into the United States."[100] Beside this inactivity, the +government was criminally negligent in not prosecuting and punishing +offenders when captured. Urgent appeals for instruction from prosecuting +attorneys were too often received in official silence; complaints as to +the violation of law by State officers went unheeded;[101] informers +were unprotected and sometimes driven from home.[102] Indeed, the most +severe comment on the whole period is the report, January 7, 1819, of +the Register of the Treasury, who, after the wholesale and open +violation of the Act of 1807, reported, in response to a request from +the House, "that it doth not appear, from an examination of the records +of this office, and particularly of the accounts (to the date of their +last settlement) of the collectors of the customs, and of the several +marshals of the United States, that any forfeitures had been incurred +under the said act."[103] + +63. ~Typical Cases.~ At this date (January 7, 1819), however, certain +cases were stated to be pending, a history of which will fitly conclude +this discussion. In 1818 three American schooners sailed from the United +States to Havana; on June 2 they started back with cargoes aggregating +one hundred and seven slaves. The schooner "Constitution" was captured +by one of Andrew Jackson's officers under the guns of Fort Barancas. The +"Louisa" and "Marino" were captured by Lieutenant McKeever of the United +States Navy. The three vessels were duly proceeded against at Mobile, +and the case began slowly to drag along. The slaves, instead of being +put under the care of the zealous marshal of the district, were placed +in the hands of three bondsmen, friends of the judge. The marshal +notified the government of this irregularity, but apparently received no +answer. In 1822 the three vessels were condemned as forfeited, but the +court "reserved" for future order the distribution of the slaves. +Nothing whatever either then or later was done to the slave-traders +themselves. The owners of the ships promptly appealed to the Supreme +Court of the United States, and that tribunal, in 1824, condemned the +three vessels and the slaves on two of them.[104] These slaves, +considerably reduced in number "from various causes," were sold at +auction for the benefit of the State, in spite of the Act of 1819. +Meantime, before the decision of the Supreme Court, the judge of the +Supreme Court of West Florida had awarded to certain alleged Spanish +claimants of the slaves indemnity for nearly the whole number seized, at +the price of $650 per head, and the Secretary of the Treasury had +actually paid the claim.[105] In 1826 Lieutenant McKeever urgently +petitions Congress for his prize-money of $4,415.15, which he has not +yet received.[106] The "Constitution" was for some inexplicable reason +released from bond, and the whole case fades in a very thick cloud of +official mist. In 1831 Congress sought to inquire into the final +disposition of the slaves. The information given was never printed; but +as late as 1836 a certain Calvin Mickle petitions Congress for +reimbursement for the slaves sold, for their hire, for their natural +increase, for expenses incurred, and for damages.[107] + + +64. ~The Supplementary Acts, 1818-1820.~ To remedy the obvious defects +of the Act of 1807 two courses were possible: one, to minimize the crime +of transportation, and, by encouraging informers, to concentrate efforts +against the buying of smuggled slaves; the other, to make the crime of +transportation so great that no slaves would be imported. The Act of +1818 tried the first method; that of 1819, the second.[108] The latter +was obviously the more upright and logical, and the only method +deserving thought even in 1807; but the Act of 1818 was the natural +descendant of that series of compromises which began in the +Constitutional Convention, and which, instead of postponing the +settlement of critical questions to more favorable times, rather +aggravated and complicated them. + +The immediate cause of the Act of 1818 was the Amelia Island +scandal.[109] Committees in both Houses reported bills, but that of the +Senate finally passed. There does not appear to have been very much +debate.[110] The sale of Africans for the benefit of the informer and of +the United States was strongly urged "as the only means of executing the +laws against the slave trade as experience had fully demonstrated since +the origin of the prohibition."[111] This proposition was naturally +opposed as "inconsistent with the principles of our Government, and +calculated to throw as wide open the door to the importation of slaves +as it was before the existing prohibition."[112] The act, which became a +law April 20, 1818,[113] was a poorly constructed compromise, which +virtually acknowledged the failure of efforts to control the trade, and +sought to remedy defects by pitting cupidity against cupidity, informer +against thief. One-half of all forfeitures and fines were to go to the +informer, and penalties for violation were changed as follows:-- + + For equipping a slaver, instead of a fine of $20,000, a fine of + $1000 to $5000 and imprisonment from 3 to 7 years. + + For transporting Negroes, instead of a fine of $5000 and + forfeiture of ship and Negroes, a fine of $1000 to $5000 and + imprisonment from 3 to 7 years. + + For actual importation, instead of a fine of $1000 to $10,000 + and imprisonment from 5 to 10 years, a fine of $1000 to + $10,000, and imprisonment from 3 to 7 years. + + For knowingly buying illegally imported Negroes, instead of a + fine of $800 for each Negro and forfeiture, a fine of $1000 for + each Negro. + +The burden of proof was laid on the defendant, to the extent that he +must prove that the slave in question had been imported at least five +years before the prosecution. The slaves were still left to the disposal +of the States. + +This statute was, of course, a failure from the start,[114] and at the +very next session Congress took steps to revise it. A bill was reported +in the House, January 13, 1819, but it was not discussed till +March.[115] It finally passed, after "much debate."[116] The Senate +dropped its own bill, and, after striking out the provision for the +death penalty, passed the bill as it came from the House.[117] The House +acquiesced, and the bill became a law, March 3, 1819,[118] in the midst +of the Missouri trouble. This act directed the President to use armed +cruisers on the coasts of the United States and Africa to suppress the +slave-trade; one-half the proceeds of the condemned ship were to go to +the captors as bounty, provided the Africans were safely lodged with a +United States marshal and the crew with the civil authorities. These +provisions were seriously marred by a proviso which Butler of Louisiana, +had inserted, with a "due regard for the interests of the State which he +represented," viz., that a captured slaver must always be returned to +the port whence she sailed.[119] This, of course, secured decided +advantages to Southern slave-traders. The most radical provision of the +act was that which directed the President to "make such regulations and +arrangements as he may deem expedient for the safe keeping, support, and +removal beyond the limits of the United States, of all such negroes, +mulattoes, or persons of colour, as may be so delivered and brought +within their jurisdiction;" and to appoint an agent in Africa to receive +such Negroes.[120] Finally, an appropriation of $100,000 was made to +enforce the act.[121] This act was in some measure due to the new +colonization movement; and the return of Africans recaptured was a +distinct recognition of its efforts, and the real foundation of Liberia. + +To render this straightforward act effective, it was necessary to add +but one measure, and that was a penalty commensurate with the crime of +slave stealing. This was accomplished by the Act of May 15, 1820,[122] a +law which may be regarded as the last of the Missouri Compromise +measures. The act originated from the various bills on piracy which were +introduced early in the sixteenth Congress. The House bill, in spite of +opposition, was amended so as to include slave-trading under piracy, +and passed. The Senate agreed without a division. This law provided that +direct participation in the slave-trade should be piracy, punishable +with death.[123] + + ----------------------+----------------------+----------------------- + STATUTES AT LARGE. | DATE. | AMOUNT APPROPRIATED. + ----------------------+----------------------+----------------------- + VOL. PAGE | | + III. 533-4 | March 3, 1819 | $100,000 + " 764 | " 3, 1823 | 50,000 + IV. 141 | " 14, 1826 | 32,000 + " 208 | March 2, 1827 | / 36,710 + | | \ 20,000 + " 302 | May 24, 1828 | 30,000 + " 354 | March 2, 1829 | 16,000 + " 462 | " 2, 1831 | 16,000 + " 615 | Feb. 20, 1833 | 5,000 + " 671 | Jan. 24, 1834 | 5,000 + V. 157-8 | March 3, 1837 | 11,413.57 + " 501 | Aug. 4, 1842 | 10,543.42 + " 615 | March 3, 1843 | 5,000 + IX. 96 | Aug. 10, 1846 | 25,000 + XI. 90 | " 18, 1856 | 8,000 + " 227 | March 3, 1857 | 8,000 + " 404 | " 3, 1859 | 75,000 + XII. 21 | May 26, 1860 | 40,000 + " 132 | Feb. 19, 1861 | 900,000 + " 219 | March 2, 1861 | 900,000 + " 639 | Feb. 4, 1863 | 17,000 + XIII. 424 | Jan. 24, 1865 | 17,000 + XIV. 226 | July 25, 1866 | 17,000 + " 415 | Feb. 28, 1867 | 17,000 + XV. 58 | March 30, 1868 | 12,500 + " 321 | March 3, 1869 | 12,500 + ----------------------+----------------------+----------------------- + Total, 50 years $2,386,666.99 + Minus surpluses re-appropriated (approximate) 48,666.99? + -------------- + $2,338,000 + Cost of squadron, 1843-58, @ $384,500 per year + (_House Exec. Doc._, 31 Cong. 1 sess. IX. No. 73) 5,767,500 + Returning slaves on "Wildfire" (_Statutes at Large_, + XII. 41) 250,000 + Approximate cost of squadron, 1858-66, probably not + less than $500,000 per year 4,000,000? + --------------- + Approximate money cost of suppressing the + slave-trade $12,355,500? + +Cf. Kendall's Report: _Senate Doc._, 21 Cong. 2 sess. I. No. 1, pp. +211-8; _Amer. State Papers, Naval_, III. No. 429 E.; also Reports of +the Secretaries of the Navy from 1819 to 1860. + + +65. ~Enforcement of the Supplementary Acts, 1818-1825.~ A somewhat more +sincere and determined effort to enforce the slave-trade laws now +followed; and yet it is a significant fact that not until Lincoln's +administration did a slave-trader suffer death for violating the laws of +the United States. The participation of Americans in the trade +continued, declining somewhat between 1825 and 1830, and then reviving, +until it reached its highest activity between 1840 and 1860. The +development of a vast internal slave-trade, and the consequent rise in +the South of vested interests strongly opposed to slave smuggling, led +to a falling off in the illicit introduction of Negroes after 1825, +until the fifties; nevertheless, smuggling never entirely ceased, and +large numbers were thus added to the plantations of the Gulf States. + +Monroe had various constitutional scruples as to the execution of the +Act of 1819;[124] but, as Congress took no action, he at last put a fair +interpretation on his powers, and appointed Samuel Bacon as an agent in +Africa to form a settlement for recaptured Africans. Gradually the +agency thus formed became merged with that of the Colonization Society +on Cape Mesurado; and from this union Liberia was finally evolved.[125] + +Meantime, during the years 1818 to 1820, the activity of the +slave-traders was prodigious. General James Tallmadge declared in the +House, February 15, 1819: "Our laws are already highly penal against +their introduction, and yet, it is a well known fact, that about +fourteen thousand slaves have been brought into our country this last +year."[126] In the same year Middleton of South Carolina and Wright of +Virginia estimated illicit introduction at 13,000 and 15,000 +respectively.[127] Judge Story, in charging a jury, took occasion to +say: "We have but too many proofs from unquestionable sources, that it +[the slave-trade] is still carried on with all the implacable rapacity +of former times. Avarice has grown more subtle in its evasions, and +watches and seizes its prey with an appetite quickened rather than +suppressed by its guilty vigils. American citizens are steeped to their +very mouths (I can hardly use too bold a figure) in this stream of +iniquity."[128] The following year, 1820, brought some significant +statements from various members of Congress. Said Smith of South +Carolina: "Pharaoh was, for his temerity, drowned in the Red Sea, in +pursuing them [the Israelites] contrary to God's express will; but our +Northern friends have not been afraid even of that, in their zeal to +furnish the Southern States with Africans. They are better seamen than +Pharaoh, and calculate by that means to elude the vigilance of Heaven; +which they seem to disregard, if they can but elude the violated laws of +their country."[129] As late as May he saw little hope of suppressing +the traffic.[130] Sergeant of Pennsylvania declared: "It is notorious +that, in spite of the utmost vigilance that can be employed, African +negroes are clandestinely brought in and sold as slaves."[131] Plumer of +New Hampshire stated that "of the unhappy beings, thus in violation of +all laws transported to our shores, and thrown by force into the mass of +our black population, scarcely one in a hundred is ever detected by the +officers of the General Government, in a part of the country, where, if +we are to believe the statement of Governor Rabun, 'an officer who would +perform his duty, by attempting to enforce the law [against the slave +trade] is, by many, considered as an officious meddler, and treated with +derision and contempt;' ... I have been told by a gentleman, who has +attended particularly to this subject, that ten thousand slaves were in +one year smuggled into the United States; and that, even for the last +year, we must count the number not by hundreds, but by thousands."[132] +In 1821 a committee of Congress characterized prevailing methods as +those "of the grossest fraud that could be practised to deceive the +officers of government."[133] Another committee, in 1822, after a +careful examination of the subject, declare that they "find it +impossible to measure with precision the effect produced upon the +American branch of the slave trade by the laws above mentioned, and the +seizures under them. They are unable to state, whether those American +merchants, the American capital and seamen which heretofore aided in +this traffic, have abandoned it altogether, or have sought shelter under +the flags of other nations." They then state the suspicious circumstance +that, with the disappearance of the American flag from the traffic, "the +trade, notwithstanding, increases annually, under the flags of other +nations." They complain of the spasmodic efforts of the executive. They +say that the first United States cruiser arrived on the African coast in +March, 1820, and remained a "few weeks;" that since then four others had +in two years made five visits in all; but "since the middle of last +November, the commencement of the healthy season on that coast, no +vessel has been, nor, as your committee is informed, is, under orders +for that service."[134] The United States African agent, Ayres, reported +in 1823: "I was informed by an American officer who had been on the +coast in 1820, that he had boarded 20 American vessels in one morning, +lying in the port of Gallinas, and fitted for the reception of slaves. +It is a lamentable fact, that most of the harbours, between the Senegal +and the line, were visited by an equal number of American vessels, and +for the sole purpose of carrying away slaves. Although for some years +the coast had been occasionally visited by our cruizers, their short +stay and seldom appearance had made but slight impression on those +traders, rendered hardy by repetition of crime, and avaricious by +excessive gain. They were enabled by a regular system to gain +intelligence of any cruizer being on the coast."[135] + +Even such spasmodic efforts bore abundant fruit, and indicated what +vigorous measures might have accomplished. Between May, 1818, and +November, 1821, nearly six hundred Africans were recaptured and eleven +American slavers taken.[136] Such measures gradually changed the +character of the trade, and opened the international phase of the +question. American slavers cleared for foreign ports, there took a +foreign flag and papers, and then sailed boldly past American cruisers, +although their real character was often well known. More stringent +clearance laws and consular instructions might have greatly reduced this +practice; but nothing was ever done, and gradually the laws became in +large measure powerless to deal with the bulk of the illicit trade. In +1820, September 16, a British officer, in his official report, declares +that, in spite of United States laws, "American vessels, American +subjects, and American capital, are unquestionably engaged in the trade, +though under other colours and in disguise."[137] The United States ship +"Cyane" at one time reported ten captures within a few days, adding: +"Although they are evidently owned by Americans, they are so completely +covered by Spanish papers that it is impossible to condemn them."[138] +The governor of Sierra Leone reported the rivers Nunez and Pongas full +of renegade European and American slave-traders;[139] the trade was said +to be carried on "to an extent that almost staggers belief."[140] Down +to 1824 or 1825, reports from all quarters prove this activity in +slave-trading. + +The execution of the laws within the country exhibits grave defects and +even criminal negligence. Attorney-General Wirt finds it necessary to +assure collectors, in 1819, that "it is against public policy to +dispense with prosecutions for violation of the law to prohibit the +Slave trade."[141] One district attorney writes: "It appears to be +almost impossible to enforce the laws of the United States against +offenders after the negroes have been landed in the state."[142] Again, +it is asserted that "when vessels engaged in the slave trade have been +detained by the American cruizers, and sent into the slave-holding +states, there appears at once a difficulty in securing the freedom to +these captives which the laws of the United States have decreed for +them."[143] In some cases, one man would smuggle in the Africans and +hide them in the woods; then his partner would "rob" him, and so all +trace be lost.[144] Perhaps 350 Africans were officially reported as +brought in contrary to law from 1818 to 1820: the absurdity of this +figure is apparent.[145] A circular letter to the marshals, in 1821, +brought reports of only a few well-known cases, like that of the +"General Ramirez;" the marshal of Louisiana had "no information."[146] + +There appears to be little positive evidence of a large illicit +importation into the country for a decade after 1825. It is hardly +possible, however, considering the activity in the trade, that slaves +were not largely imported. Indeed, when we note how the laws were +continually broken in other respects, absence of evidence of petty +smuggling becomes presumptive evidence that collusive or tacit +understanding of officers and citizens allowed the trade to some +extent.[147] Finally, it must be noted that during all this time +scarcely a man suffered for participating in the trade, beyond the loss +of the Africans and, more rarely, of his ship. Red-handed slavers, +caught in the act and convicted, were too often, like La Coste of South +Carolina, the subjects of executive clemency.[148] In certain cases +there were those who even had the effrontery to ask Congress to cancel +their own laws. For instance, in 1819 a Venezuelan privateer, secretly +fitted out and manned by Americans in Baltimore, succeeded in capturing +several American, Portuguese, and Spanish slavers, and appropriating the +slaves; being finally wrecked herself, she transferred her crew and +slaves to one of her prizes, the "Antelope," which was eventually +captured by a United States cruiser and the 280 Africans sent to +Georgia. After much litigation, the United States Supreme Court ordered +those captured from Spaniards to be surrendered, and the others to be +returned to Africa. By some mysterious process, only 139 Africans now +remained, 100 of whom were sent to Africa. The Spanish claimants of the +remaining thirty-nine sold them to a certain Mr. Wilde, who gave bond to +transport them out of the country. Finally, in December, 1827, there +came an innocent petition to Congress to _cancel this bond_.[149] A bill +to that effect passed and was approved, May 2, 1828,[150] and in +consequence these Africans remained as slaves in Georgia. + +On the whole, it is plain that, although in the period from 1807 to 1820 +Congress laid down broad lines of legislation sufficient, save in some +details, to suppress the African slave trade to America, yet the +execution of these laws was criminally lax. Moreover, by the facility +with which slavers could disguise their identity, it was possible for +them to escape even a vigorous enforcement of our laws. This situation +could properly be met only by energetic and sincere international +co-operation. The next chapter will review efforts directed toward this +end.[151] + + +FOOTNOTES: + + [1] _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 468. + + [2] Cf. below, § 59. + + [3] _Annals of Cong._, 9 Cong. 2 sess. p. 238. + + [4] There were at least twelve distinct propositions as to the + disposal of the Africans imported:-- + + 1. That they be forfeited and sold by the United States at + auction (Early's bill, reported Dec. 15: _Annals of Cong._, 9 + Cong. 2 sess. pp. 167-8). + + 2. That they be forfeited and left to the disposal of the + States (proposed by Bidwell and Early: _Ibid._, pp. 181, 221, + 477. This was the final settlement.) + + 3. That they be forfeited and sold, and that the proceeds go + to charities, education, or internal improvements (Early, + Holland, and Masters: _Ibid._, p. 273). + + 4. That they be forfeited and indentured for life (Alston and + Bidwell: _Ibid._, pp. 170-1). + + 5. That they be forfeited and indentured for 7, 8, or 10 + years (Pitkin: _Ibid._, p. 186). + + 6. That they be forfeited and given into the custody of the + President, and by him indentured in free States for a term of + years (bill reported from the Senate Jan. 28: _House Journal_ + (repr. 1826), 9 Cong. 2 sess. V. 575; _Annals of Cong._, 9 + Cong. 2 sess. p. 477. Cf. also _Ibid._, p. 272). + + 7. That the Secretary of the Treasury dispose of them, at his + discretion, in service (Quincy: _Ibid._, p. 183). + + 8. That those imported into slave States be returned to + Africa or bound out in free States (Sloan: _Ibid._, p. 254). + + 9. That all be sent back to Africa (Smilie: _Ibid._, p. 176). + + 10. That those imported into free States be free, those + imported into slave States be returned to Africa or indentured + (Sloan: _Ibid._, p. 226). + + 11. That they be forfeited but not sold (Sloan and others: + _Ibid._, p. 270). + + 12. That they be free (Sloan: _Ibid._, p. 168; Bidwell: + _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 515). + + [5] Bidwell, Cook, and others: _Annals of Cong._, 9 Cong. 2 + sess. p. 201. + + [6] Bidwell: _Ibid._, p. 172. + + [7] Fisk: _Ibid._, pp. 224-5; Bidwell: _Ibid._, p. 221. + + [8] Quincy: _Ibid._, p. 184. + + [9] _Annals of Cong._, 9 Cong. 2 sess. p. 478; Bidwell: + _Ibid._, p. 171. + + [10] _Ibid._, p. 172. + + [11] _Annals of Cong._, 9 Cong. 2 sess. pp. 173-4. + + [12] Alston: _Ibid._, p. 170. + + [13] D.R. Williams: _Annals of Cong._, 9 Cong. 2 sess. p. 183. + + [14] Early: _Ibid._, pp. 184-5. + + [15] Lloyd, Early, and others: _Ibid._, p. 203. + + [16] Alston: _Ibid._, p. 170. + + [17] Quincy: _Ibid._, p. 222; Macon: _Ibid._, p. 225. + + [18] Macon: _Ibid._, p. 177. + + [19] Barker: _Ibid._, p. 171; Bidwell: _Ibid._, p. 172. + + [20] Clay, Alston, and Early: _Ibid._, p. 266. + + [21] Clay, Alston, and Early: _Annals of Cong._, 9 Cong. 2 + sess. p. 266. + + [22] Bidwell: _Ibid._, p. 221. + + [23] Sloan and others: _Ibid._, p. 271; Early and Alston: + _Ibid._, pp. 168, 171. + + [24] Ely, Bidwell, and others: _Ibid._, pp. 179, 181, 271; + Smilie and Findley: _Ibid._, pp. 225, 226. + + [25] _Ibid._, p. 240. Cf. Lloyd: _Ibid._, p. 236. + + [26] Holland: _Ibid._, p. 241. + + [27] _Ibid._, p. 227; Macon: _Ibid._, p. 225. + + [28] Bidwell, Cook, and others: _Ibid._, p. 201. + + [29] Bidwell: _Annals of Cong._, 9 Cong. 2 sess. p. 221. Cf. + _Ibid._, p. 202. + + [30] Early: _Ibid._, p. 239. + + [31] _Ibid._ + + [32] _Ibid._, p. 1267. + + [33] There were about six distinct punishments suggested:-- + + 1. Forfeiture, and fine of $5000 to $10,000 (Early's bill: + _Ibid._, p. 167). + + 2. Forfeiture and imprisonment (amendment to Senate bill: + _Ibid._, pp. 231, 477, 483). + + 3. Forfeiture, imprisonment from 5 to 10 years, and fine of + $1000 to $10,000 (amendment to amendment of Senate bill: + _Ibid._, pp. 228, 483). + + 4. Forfeiture, imprisonment from 5 to 40 years, and fine of + $1000 to $10,000 (Chandler's amendment: _Ibid._, p. 228). + + 5. Forfeiture of all property, and imprisonment (Pitkin: + _Ibid._, p. 188). + + 6. Death (Smilie: _Ibid._, pp. 189-90; bill reported to House, + Dec. 19: _Ibid._, p. 190; Senate bill as reported to House, + Jan. 28). + + [34] Smilie: _Annals of Cong._, 9 Cong. 2 sess. pp. 189-90. + + [35] Tallmadge: _Ibid._, p. 233; Olin: _Ibid._, p. 237. + + [36] Ely: _Ibid._, p. 237. + + [37] Smilie: _Ibid._, p. 236. Cf. Sloan: _Ibid._, p. 232. + + [38] Hastings: _Ibid._, p. 228. + + [39] Dwight: _Ibid._, p. 241; Ely: _Ibid._, p. 232. + + [40] Mosely: _Ibid._, pp. 234-5. + + [41] Tallmadge: _Ibid._, pp. 232, 234. Cf. Dwight: _Ibid._, p. 241. + + [42] Varnum: _Ibid._, p. 243. + + [43] Elmer: _Annals of Cong._, 9 Cong. 2 sess. p. 235. + + [44] _Ibid._, p. 240. + + [45] Holland: _Ibid._, p. 240. + + [46] Early: _Ibid._, pp. 238-9; Holland: _Ibid._, p. 239. + + [47] _Ibid._, p. 233. Cf. Lloyd: _Ibid._, p. 237; Ely: + _Ibid._, p. 232; Early: _Ibid._, pp. 238-9. + + [48] _Ibid._, p. 484. + + [49] This was the provision of the Senate bill as reported to + the House. It was over the House amendment to this that the + Houses disagreed. Cf. _Ibid._, p. 484. + + [50] Cf. _Annals of Cong._, 9 Cong. 2 sess. pp. 527-8. + + [51] _Ibid._, p. 528. + + [52] _Ibid._, p. 626. + + [53] _Ibid._ + + [54] _Ibid._ + + [55] _Ibid._, pp. 636-8; _House Journal_ (repr. 1826), 9 Cong. + 2 sess. V. 616, and House Bill No. 219; _Ibid._, 10 Cong. 1 + sess. VI. 27, 50; _Annals of Cong._, 10 Cong. 1 sess. pp. + 854-5, 961. + + [56] On account of the meagre records it is difficult to + follow the course of this bill. I have pieced together + information from various sources, and trust that this account + is approximately correct. + + [57] Cf. _Senate Journal_ (repr. 1821), 9 Cong. 2 sess. IV., + Senate Bill No. 41. + + [58] _Annals of Cong._, 9 Cong. 1 sess. p. 438. Cf. above, § + 53. + + [59] This amendment of the Committee of the Whole was adopted + by a vote of 63 to 53. The New England States stood 3 to 2 for + the death penalty; the Middle States were evenly divided, 3 + and 3; and the South stood 5 to 0 against it, with Kentucky + evenly divided. Cf. _House Journal_ (repr. 1826), 9 Cong. 2 + sess. V. 504. + + [60] _Ibid._, V. 514-5. + + [61] The substitution of the Senate bill was a victory for the + anti-slavery party, as all battles had to be fought again. The + Southern party, however, succeeded in carrying all its + amendments. + + [62] Messrs. Betton of New Hampshire, Chittenden of Vermont, + Garnett and Trigg of Virginia, and D.R. Williams of South + Carolina voted against the bill: _House Journal_ (repr. 1826), + 9 Cong. 2 sess. V. 585-6. + + [63] _Annals of Cong._, 9 Cong. 2 sess. pp. 626-7. + + [64] The unassigned dates refer to debates, etc. The history + of the amendments and debates on the measure may be traced in + the following references:-- + + _Senate_ (Bill No. 41). + + _Annals of Cong._, 9 Cong. 1 sess. pp. 20-1; 9 Cong. 2 sess. + pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93, + etc. + + _Senate Journal_ (repr. 1826), 9 Cong. 1-2 sess. IV. 11, 112, + 123, 124, 132, 133, 150, 158, 164, 165, 167, 168, etc. + + * * * * * + + _House_ (Bill No. 148). + + _Annals of Cong._, 9 Cong. 1 sess. p. 438; 9 Cong. 2 sess. pp. + 114, 151, 167-8, 173-4, 180, 183, 189, 200, 202-4, 220, 228, + 231, 240, 254, 264, 266-7, 270, 273, 373, 427, 477, 481, + 484-6, 527, 528, etc. + + _House Journal_ (repr. 1826), 9 Cong. 1-2 sess. V. 470, 482, + 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557, 575, + 579, 581, 583-4, 585, 592, 594, 610, 613-5, 623, 638, 640, + etc. + + [65] _Statutes at Large_, II. 426. There were some few + attempts to obtain laws of relief from this bill: see, e.g., + _Annals of Cong._, 10 Cong. 1 sess. p. 1243; 11 Cong. 1 sess. + pp. 34, 36-9, 41, 43, 48, 49, 380, 465, 688, 706, 2209; _House + Journal_ (repr. 1826), II Cong. 1-2 sess. VII. 100, 102, 124, + etc., and Index, Senate Bill No. 8. Cf. _Amer. State Papers, + Miscellaneous_, II. No. 269. There was also one proposed + amendment to make the prohibition perpetual: _Amer. State + Papers, Miscellaneous_, I. No. 244. + + [66] Toulmin, _Digest of the Laws of Alabama_, p. 637. + + [67] _Laws of North Carolina_ (revision of 1819), II. 1350. + + [68] Prince, _Digest_, p. 793. + + [69] Fowler, _Historical Status of the Negro in Connecticut_, + in _Local Law_, etc., pp. 122, 126. + + [70] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 32. + + [71] _House Journal_ (repr. 1826), 11 Cong. 3 sess. VII. p. + 435. + + [72] _House Doc._, 15 Cong. 2 sess. IV. No. 84, p. 5. + + [73] See, e.g., _House Journal_ (repr. 1826), 11 Cong. 3 sess. + VII. p. 575. + + [74] Drake, _Revelations of a Slave Smuggler_, p. 51. Parts of + this narrative are highly colored and untrustworthy; this + passage, however, has every earmark of truth, and is confirmed + by many incidental allusions. + + [75] For accounts of these slavers, see _House Reports_, 17 + Cong. 1 sess. II. No. 92, pp. 30-50. The "Paz" was an armed + slaver flying the American flag. + + [76] Said to be owned by an Englishman, but fitted in America + and manned by Americans. It was eventually captured by H.M.S. + "Bann," after a hard fight. + + [77] Also called Spanish schooner "Triumvirate," with American + supercargo, Spanish captain, and American, French, Spanish, + and English crew. It was finally captured by a British vessel. + + [78] An American slaver of 1814, which was boarded by a + British vessel. All the above cases, and many others, were + proven before British courts. + + [79] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 51. + + [80] _House Doc._, 15 Cong. 1 sess. II. No. 12, pp. 22, 38. + This slaver was after capture sent to New Orleans,--an + illustration of the irony of the Act of 1807. + + [81] _House Journal_, 14 Cong. 2 sess. p. 15. + + [82] _House Doc._, 16 Cong. 1 sess. III. No. 36, p. 5. + + [83] _Ibid._, 15 Cong. 1 sess. II. No. 12, pp. 8-14. See + Chew's letter of Oct. 17, 1817: _Ibid._, pp. 14-16. + + [84] By the secret Joint Resolution and Act of 1811 (_Statutes + at Large_, III. 471), Congress gave the President power to + suppress the Amelia Island establishment, which was then + notorious. The capture was not accomplished until 1817. + + [85] _House Doc._, 16 Cong. 1 sess. III. No. 42, pp. 10-11. + Cf. Report of the House Committee, Jan. 10, 1818: "It is but + too notorious that numerous infractions of the law prohibiting + the importation of slaves into the United States have been + perpetrated with impunity upon our southern frontier." _Amer. + State Papers, Miscellaneous_, II. No. 441. + + [86] Special message of Jan. 13, 1818: _House Journal_, 15 + Cong. 1 sess. pp. 137-9. + + [87] Collector McIntosh, of the District of Brunswick, Ga., to + the Secretary of the Treasury. _House Doc._, 16 Cong. 1 sess. + III. No. 42, pp. 8-9. + + [88] _House Doc._, 16 Cong. 1 sess. III. No. 42, pp. 6-7. + + [89] _Ibid._, pp. 11-12. + + [90] _Amer. State Papers, Miscellaneous_, II. No. 529. + + [91] _House Doc._, 16 Cong. 1 sess. III. No. 42, p. 7. + + [92] _Ibid._, p. 6. + + [93] _House Reports_, 21 Cong. 1 sess. III. No. 348, p. 82. + + [94] They were not general instructions, but were directed to + Commander Campbell. Cf. _House Doc._, 15 Cong. 2 sess. IV. No. + 84, pp. 5-6. + + [95] _Statutes at Large_, III. 471 ff. + + [96] _House Doc._, 15 Cong. 2 sess. VI. No. 107, pp. 8-9. + + [97] _Ibid._, IV. No. 84. Cf. Chew's letters in _House + Reports_, 21 Cong. 1 sess. III. No. 348. + + [98] _House Doc._, 15 Cong. 1 sess. II. No. 12, pp. 22, 38; 15 + Cong. 2 sess. VI. No. 100, p. 13; 16 Cong. 1 sess. III. No. + 42, p. 9, etc.; _House Reports_, 21 Cong. 1 sess. III. No. + 348, p. 85. + + [99] _House Doc._, 15 Cong. 2 sess. VI. No. 107, pp. 8-9. + +[100] _House Reports_, 21 Cong. 1 sess. III. No. 348, p. 77. + +[101] Cf. _House Doc._, 16 Cong. 1 sess. III. No. 42, p. 11: + "The Grand Jury found true bills against the owners of the + vessels, masters, and a supercargo--all of whom are + discharged; why or wherefore I cannot say, except that it + could not be for want of proof against them." + +[102] E.g., in July, 1818, one informer "will have to leave + that part of the country to save his life": _Ibid._, 15 Cong. + 2 sess. VI. No. 100, p. 9. + +[103] Joseph Nourse, Register of the Treasury, to Hon. W.H. + Crawford, Secretary of the Treasury: _Ibid._, 15 Cong. 2 sess. + VI. No. 107, p. 5. + +[104] The slaves on the "Constitution" were not condemned, for + the technical reason that she was not captured by a + commissioned officer of the United States navy. + +[105] These proceedings are very obscure, and little was said + about them. The Spanish claimants were, it was alleged with + much probability, but representatives of Americans. The claim + was paid under the provisions of the Treaty of Florida, and + included slaves whom the court afterward declared forfeited. + +[106] An act to relieve him was finally passed, Feb. 8, 1827, + nine years after the capture. See _Statutes at Large_, VI. + 357. + +[107] It is difficult to get at the exact facts in this + complicated case. The above statement is, I think, much milder + than the real facts would warrant, if thoroughly known. Cf. + _House Reports_, 19 Cong. 1 sess. II. No. 231; 21 Cong. 1 + sess. III. No. 348, pp. 62-3, etc.; 24 Cong. 1 sess. I. No. + 209; _Amer. State Papers, Naval_, II. No. 308. + +[108] The first method, represented by the Act of 1818, was + favored by the South, the Senate, and the Democrats; the + second method, represented by the Act of 1819, by the North, + the House, and by the as yet undeveloped but growing Whig + party. + +[109] Committees on the slave-trade were appointed by the + House in 1810 and 1813; the committee of 1813 recommended a + revision of the laws, but nothing was done: _Annals of Cong._, + 11 Cong. 3 sess. p. 387; 12 Cong. 2 sess. pp. 1074, 1090. The + presidential message of 1816 led to committees on the trade in + both Houses. The committee of the House of Representatives + reported a joint resolution on abolishing the traffic and + colonizing the Negroes, also looking toward international + action. This never came to a vote: _Senate Journal_, 14 Cong. + 2 sess. pp. 46, 179, 180; _House Journal_, 14 Cong. 2 sess. + pp. 25, 27, 380; _House Doc_, 14 Cong. 2 sess. II. No. 77. + Finally, the presidential message of 1817 (_House Journal_, 15 + Cong. 1 sess. p. 11), announcing the issuance of orders to + suppress the Amelia Island establishment, led to two other + committees in both Houses. The House committee under Middleton + made a report with a bill (_Amer. State Papers, + Miscellaneous_, II. No. 441), and the Senate committee also + reported a bill. + +[110] The Senate debates were entirely unreported, and the + report of the House debates is very meagre. For the + proceedings, see _Senate Journal_, 15 Cong. 1 sess. pp. 243, + 304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; + _House Journal_, 15 Cong. 1 sess. pp. 19, 20, 29, 51, 92, 131, + 362, 410, 450, 452, 456, 468, 479, 484, 492, 505. + +[111] Simkins of South Carolina, Edwards of North Carolina, + and Pindall: _Annals of Cong._, 15 Cong. 1 sess. p. 1740. + +[112] Hugh Nelson of Virginia: _Annals of Cong._, 15 Cong. 1 + sess. p. 1740. + +[113] _Statutes at Large_, III. 450. By this act the first six + sections of the Act of 1807 were repealed. + +[114] Or, more accurately speaking, every one realized, in + view of the increased activity of the trade, that it would be + a failure. + +[115] Nov. 18, 1818, the part of the presidential message + referring to the slave-trade was given to a committee of the + House, and this committee also took in hand the House bill of + the previous session which the Senate bill had replaced: + _House Journal_, 15 Cong. 2 sess. pp. 9-19, 42, 150, 179, 330, + 334, 341, 343, 352. + +[116] Of which little was reported: _Annals of Cong._, 15 + Cong. 2 sess. pp. 1430-31. Strother opposed, "for various + reasons of expediency," the bounties for captors. Nelson of + Virginia advocated the death penalty, and, aided by Pindall, + had it inserted. The vote on the bill was 57 to 45. + +[117] The Senate had also had a committee at work on a bill + which was reported Feb. 8, and finally postponed: _Senate + Journal_, 15 Cong. 2 sess. pp. 234, 244, 311-2, 347. The House + bill was taken up March 2: _Annals of Cong._, 15 Cong. 2 sess. + p. 280. + +[118] _Statutes at Large_, III. 532. + +[119] _Annals of Cong._, 15 Cong. 2 sess. p. 1430. This + insured the trial of slave-traders in a sympathetic slave + State, and resulted in the "disappearance" of many captured + Negroes. + +[120] _Statutes at Large_, III. 533. + +[121] The first of a long series of appropriations extending + to 1869, of which a list is given on the next page. The totals + are only approximately correct. Some statutes may have escaped + me, and in the reports of moneys the surpluses of previous + years are not always clearly distinguishable. + +[122] In the first session of the sixteenth Congress, two + bills on piracy were introduced into the Senate, one of which + passed, April 26. In the House there was a bill on piracy, and + a slave-trade committee reported recommending that the + slave-trade be piracy. The Senate bill and this bill were + considered in Committee of the Whole, May 11, and a bill was + finally passed declaring, among other things, the traffic + piracy. In the Senate there was "some discussion, rather on + the form than the substance of these amendments," and "they + were agreed to without a division": _Senate Journal_, 16 Cong. + 1 sess. pp. 238, 241, 268, 287, 314, 331, 346, 350, 409, 412, + 417, 420, 422, 424, 425; _House Journal_, 16 Cong. 1 sess. pp. + 113, 280, 453, 454, 494, 518, 520, 522, 537; _Annals of + Cong._, 16 Cong. 1 sess. pp. 693-4, 2231, 2236-7, etc. The + debates were not reported. + +[123] _Statutes at Large_, III. 600-1. This act was in reality + a continuation of the piracy Act of 1819, and was only + temporary. The provision was, however, continued by several + acts, and finally made perpetual by the Act of Jan. 30, 1823: + _Statutes at Large_, III. 510-4, 721. On March 3, 1823, it was + slightly amended so as to give district courts jurisdiction. + +[124] Attorney-General Wirt advised him, October, 1819, that + no part of the appropriation could be used to purchase land in + Africa or tools for the Negroes, or as salary for the agent: + _Opinions of Attorneys-General_, I. 314-7. Monroe laid the + case before Congress in a special message Dec. 20, 1819 + (_House Journal_, 16 Cong. 1 sess. p. 57); but no action was + taken there. + +[125] Cf. Kendall's Report, August, 1830: _Senate Doc._, 21 + Cong. 2 sess. I. No. 1, pp. 211-8; also see below, Chapter X. + +[126] Speech in the House of Representatives, Feb. 15, 1819, + p. 18; published in Boston, 1849. + +[127] Jay, _Inquiry into American Colonization_ (1838), p. 59, + note. + +[128] Quoted in Friends' _Facts and Observations on the Slave + Trade_ (ed. 1841), pp. 7-8. + +[129] _Annals of Cong._, 16 Cong. 1 sess. pp. 270-1. + +[130] _Ibid._, p. 698. + +[131] _Ibid._, p. 1207. + +[132] _Annals of Cong._, 16 Cong. 1 sess. p. 1433. + +[133] Referring particularly to the case of the slaver + "Plattsburg." Cf. _House Reports_, 17 Cong. 1 sess. II. No. + 92, p. 10. + +[134] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 2. The + President had in his message spoken in exhilarating tones of + the success of the government in suppressing the trade. The + House Committee appointed in pursuance of this passage made + the above report. Their conclusions are confirmed by British + reports: _Parliamentary Papers_, 1822, Vol. XXII., _Slave + Trade_, Further Papers, III. p. 44. So, too, in 1823, Ashmun, + the African agent, reports that thousands of slaves are being + abducted. + +[135] Ayres to the Secretary of the Navy, Feb. 24, 1823; + reprinted in _Friends' View of the African Slave-Trade_ + (1824), p. 31. + +[136] _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 5-6. + The slavers were the "Ramirez," "Endymion," "Esperanza," + "Plattsburg," "Science," "Alexander," "Eugene," "Mathilde," + "Daphne," "Eliza," and "La Pensée." In these 573 Africans were + taken. The naval officers were greatly handicapped by the size + of the ships, etc. (cf. _Friends' View_, etc., pp. 33-41). + They nevertheless acted with great zeal. + +[137] _Parliamentary Papers_, 1821, Vol. XXIII., _Slave + Trade_, Further Papers, A, p. 76. The names and description of + a dozen or more American slavers are given: _Ibid._, pp. + 18-21. + +[138] _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 15-20. + +[139] _House Doc._, 18 Cong. 1 sess. VI. No. 119, p. 13. + +[140] _Parliamentary Papers_, 1823, Vol. XVIII., _Slave + Trade_, Further Papers, A, pp. 10-11. + +[141] _Opinions of Attorneys-General_, V. 717. + +[142] R.W. Habersham to the Secretary of the Navy, August, + 1821; reprinted in _Friends' View_, etc., p. 47. + +[143] _Ibid._, p. 42. + +[144] _Ibid._, p. 43. + +[145] Cf. above, pp. 126-7. + +[146] _Friends' View_, etc., p. 42. + +[147] A few accounts of captures here and there would make the + matter less suspicious; these, however, do not occur. How + large this suspected illicit traffic was, it is of course + impossible to say; there is no reason why it may not have + reached many hundreds per year. + +[148] Cf. editorial in _Niles's Register_, XXII. 114. Cf. also + the following instances of pardons:-- + + PRESIDENT JEFFERSON: March 1, 1808, Phillip M. Topham, + convicted for "carrying on an illegal slave-trade" (pardoned + twice). _Pardons and Remissions_, I. 146, 148-9. + + PRESIDENT MADISON: July 29, 1809, fifteen vessels arrived at + New Orleans from Cuba, with 666 white persons and 683 negroes. + Every penalty incurred under the Act of 1807 was remitted. + (Note: "Several other pardons of this nature were granted.") + _Ibid._, I. 179. + + Nov. 8, 1809, John Hopkins and Lewis Le Roy, convicted for + importing a slave. _Ibid._, I. 184-5. + + Feb. 12, 1810, William Sewall, convicted for importing slaves. + _Ibid._, I. 194, 235, 240. + + May 5, 1812, William Babbit, convicted for importing slaves. + _Ibid._, I. 248. + + PRESIDENT MONROE: June 11, 1822, Thomas Shields, convicted for + bringing slaves into New Orleans. _Ibid._, IV. 15. + + Aug. 24, 1822, J.F. Smith, sentenced to five years' + imprisonment and $3000 fine; served twenty-five months and was + then pardoned. _Ibid._, IV. 22. + + July 23, 1823, certain parties liable to penalties for + introducing slaves into Alabama. _Ibid._, IV. 63. + + Aug. 15, 1823, owners of schooner "Mary," convicted of + importing slaves. _Ibid._, IV. 66. + + PRESIDENT J.Q. ADAMS: March 4, 1826, Robert Perry; his ship + was forfeited for slave-trading. _Ibid._, IV. 140. + + Jan. 17, 1827, Jesse Perry; forfeited ship, and was convicted + for introducing slaves. _Ibid._, IV. 158. + + Feb. 13, 1827, Zenas Winston; incurred penalties for + slave-trading. _Ibid._, IV. 161. The four following cases are + similar to that of Winston:-- + + Feb. 24, 1827, John Tucker and William Morbon. _Ibid._, IV. + 162. + + March 25, 1828, Joseph Badger. _Ibid._, IV. 192. + + Feb. 19, 1829, L.R. Wallace. _Ibid._, IV. 215. + + PRESIDENT JACKSON: Five cases. _Ibid._, IV. 225, 270, 301, + 393, 440. + + The above cases were taken from manuscript copies of the + Washington records, made by Mr. W.C. Endicott, Jr., and kindly + loaned me. + +[149] See _Senate Journal_, 20 Cong. 1 sess. pp. 60, 66, 340, + 341, 343, 348, 352, 355; _House Journal_, 20 Cong. 1 sess. pp. + 59, 76, 123, 134, 156, 169, 173, 279, 634, 641, 646, 647, 688, + 692. + +[150] _Statutes at Large_, VI. 376. + +[151] Among interesting minor proceedings in this period were + two Senate bills to register slaves so as to prevent illegal + importation. They were both dropped in the House; a House + proposition to the same effect also came to nothing: _Senate + Journal_, 15 Cong. 1 sess. pp. 147, 152, 157, 165, 170, 188, + 201, 203, 232, 237; 15 Cong. 2 sess. pp. 63, 74, 77, 202, 207, + 285, 291, 297; _House Journal_, 15 Cong. 1 sess. p. 332; 15 + Cong. 2 sess. pp. 303, 305, 316; 16 Cong. 1 sess. p. 150. + Another proposition was contained in the Meigs resolution + presented to the House, Feb. 5, 1820, which proposed to devote + the public lands to the suppression of the slave-trade. This + was ruled out of order. It was presented again and laid on the + table in 1821: _House Journal_, 16 Cong. 1 sess. pp. 196, 200, + 227; 16 Cong. 2 sess. p. 238. + + * * * * * + + + + +_Chapter IX_ + +THE INTERNATIONAL STATUS OF THE SLAVE-TRADE. + +1783-1862. + + 66. The Rise of the Movement against the Slave-Trade, 1788-1807. + 67. Concerted Action of the Powers, 1783-1814. + 68. Action of the Powers from 1814 to 1820. + 69. The Struggle for an International Right of Search, 1820-1840. + 70. Negotiations of 1823-1825. + 71. The Attitude of the United States and the State of the Slave-Trade. + 72. The Quintuple Treaty, 1839-1842. + 73. Final Concerted Measures, 1842-1862. + + +66. ~The Rise of the Movement against the Slave-Trade, 1788-1807.~ At +the beginning of the nineteenth century England held 800,000 slaves in +her colonies; France, 250,000; Denmark, 27,000; Spain and Portugal, +600,000; Holland, 50,000; Sweden, 600; there were also about 2,000,000 +slaves in Brazil, and about 900,000 in the United States.[1] This was +the powerful basis of the demand for the slave-trade; and against the +economic forces which these four and a half millions of enforced +laborers represented, the battle for freedom had to be fought. + +Denmark first responded to the denunciatory cries of the eighteenth +century against slavery and the slave-trade. In 1792, by royal order, +this traffic was prohibited in the Danish possessions after 1802. The +principles of the French Revolution logically called for the extinction +of the slave system by France. This was, however, accomplished more +precipitately than the Convention anticipated; and in a whirl of +enthusiasm engendered by the appearance of the Dominican deputies, +slavery and the slave-trade were abolished in all French colonies +February 4, 1794.[2] This abolition was short-lived; for at the command +of the First Consul slavery and the slave-trade was restored in An X +(1799).[3] The trade was finally abolished by Napoleon during the +Hundred Days by a decree, March 29, 1815, which briefly declared: "À +dater de la publication du présent Décret, la Traite des Noirs est +abolie."[4] The Treaty of Paris eventually confirmed this law.[5] + +In England, the united efforts of Sharpe, Clarkson, and Wilberforce +early began to arouse public opinion by means of agitation and pamphlet +literature. May 21, 1788, Sir William Dolben moved a bill regulating the +trade, which passed in July and was the last English measure +countenancing the traffic.[6] The report of the Privy Council on the +subject in 1789[7] precipitated the long struggle. On motion of Pitt, in +1788, the House had resolved to take up at the next session the question +of the abolition of the trade.[8] It was, accordingly, called up by +Wilberforce, and a remarkable parliamentary battle ensued, which lasted +continuously until 1805. The Grenville-Fox ministry now espoused the +cause. This ministry first prohibited the trade with such colonies as +England had acquired by conquest during the Napoleonic wars; then, in +1806, they prohibited the foreign slave-trade; and finally, March 25, +1807, enacted the total abolition of the traffic.[9] + + +67. ~Concerted Action of the Powers, 1783-1814.~ During the peace +negotiations between the United States and Great Britain in 1783, it was +proposed by Jay, in June, that there be a proviso inserted as follows: +"Provided that the subjects of his Britannic Majesty shall not have any +right or claim under the convention, to carry or import, into the said +States any slaves from any part of the world; it being the intention of +the said States entirely to prohibit the importation thereof."[10] Fox +promptly replied: "If that be their policy, it never can be competent to +us to dispute with them their own regulations."[11] No mention of this +was, however, made in the final treaty, probably because it was thought +unnecessary. + +In the proposed treaty of 1806, signed at London December 31, Article 24 +provided that "The high contracting parties engage to communicate to +each other, without delay, all such laws as have been or shall be +hereafter enacted by their respective Legislatures, as also all measures +which shall have been taken for the abolition or limitation of the +African slave trade; and they further agree to use their best endeavors +to procure the co-operation of other Powers for the final and complete +abolition of a trade so repugnant to the principles of justice and +humanity."[12] + +This marks the beginning of a long series of treaties between England +and other powers looking toward the prohibition of the traffic by +international agreement. During the years 1810-1814 she signed treaties +relating to the subject with Portugal, Denmark, and Sweden.[13] May 30, +1814, an additional article to the Treaty of Paris, between France and +Great Britain, engaged these powers to endeavor to induce the +approaching Congress at Vienna "to decree the abolition of the Slave +Trade, so that the said Trade shall cease universally, as it shall cease +definitively, under any circumstances, on the part of the French +Government, in the course of 5 years; and that during the said period no +Slave Merchant shall import or sell Slaves, except in the Colonies of +the State of which he is a Subject."[14] In addition to this, the next +day a circular letter was despatched by Castlereagh to Austria, Russia, +and Prussia, expressing the hope "that the Powers of Europe, when +restoring Peace to Europe, with one common interest, will crown this +great work by interposing their benign offices in favour of those +Regions of the Globe, which yet continue to be desolated by this +unnatural and inhuman traffic."[15] Meantime additional treaties were +secured: in 1814 by royal decree Netherlands agreed to abolish the +trade;[16] Spain was induced by her necessities to restrain her trade to +her own colonies, and to endeavor to prevent the fraudulent use of her +flag by foreigners;[17] and in 1815 Portugal agreed to abolish the +slave-trade north of the equator.[18] + + +68. ~Action of the Powers from 1814 to 1820.~ At the Congress of Vienna, +which assembled late in 1814, Castlereagh was indefatigable in his +endeavors to secure the abolition of the trade. France and Spain, +however, refused to yield farther than they had already done, and the +other powers hesitated to go to the lengths he recommended. +Nevertheless, he secured the institution of annual conferences on the +matter, and a declaration by the Congress strongly condemning the trade +and declaring that "the public voice in all civilized countries was +raised to demand its suppression as soon as possible," and that, while +the definitive period of termination would be left to subsequent +negotiation, the sovereigns would not consider their work done until the +trade was entirely suppressed.[19] + +In the Treaty of Ghent, between Great Britain and the United States, +ratified February 17, 1815, Article 10, proposed by Great Britain, +declared that, "Whereas the traffic in slaves is irreconcilable with the +principles of humanity and justice," the two countries agreed to use +their best endeavors in abolishing the trade.[20] The final overthrow of +Napoleon was marked by a second declaration of the powers, who, +"desiring to give effect to the measures on which they deliberated at +the Congress of Vienna, relative to the complete and universal +abolition of the Slave Trade, and having, each in their respective +Dominions, prohibited without restriction their Colonies and Subjects +from taking any part whatever in this Traffic, engage to renew +conjointly their efforts, with the view of securing final success to +those principles which they proclaimed in the Declaration of the 4th +February, 1815, and of concerting, without loss of time, through their +Ministers at the Courts of London and of Paris, the most effectual +measures for the entire and definitive abolition of a Commerce so +odious, and so strongly condemned by the laws of religion and of +nature."[21] + +Treaties further restricting the trade continued to be made by Great +Britain: Spain abolished the trade north of the equator in 1817,[22] and +promised entire abolition in 1820; Spain, Portugal, and Holland also +granted a mutual limited Right of Search to England, and joined in +establishing mixed courts.[23] The effort, however, to secure a general +declaration of the powers urging, if not compelling, the abolition of +the trade in 1820, as well as the attempt to secure a qualified +international Right of Visit, failed, although both propositions were +strongly urged by England at the Conference of 1818.[24] + + +69. ~The Struggle for an International Right of Search, 1820-1840.~ +Whatever England's motives were, it is certain that only a limited +international Right of Visit on the high seas could suppress or greatly +limit the slave-trade. Her diplomacy was therefore henceforth directed +to this end. On the other hand, the maritime supremacy of England, so +successfully asserted during the Napoleonic wars, would, in case a Right +of Search were granted, virtually make England the policeman of the +seas; and if nations like the United States had already, under present +conditions, had just cause to complain of violations by England of their +rights on the seas, might not any extension of rights by international +agreement be dangerous? It was such considerations that for many years +brought the powers to a dead-lock in their efforts to suppress the +slave-trade. + +At first it looked as if England might attempt, by judicial decisions in +her own courts, to seize even foreign slavers.[25] After the war, +however, her courts disavowed such action,[26] and the right was sought +for by treaty stipulation. Castlereagh took early opportunity to +approach the United States on the matter, suggesting to Minister Rush, +June 20, 1818, a mutual but strictly limited Right of Search.[27] Rush +was ordered to give him assurances of the solicitude of the United +States to suppress the traffic, but to state that the concessions asked +for appeared of a character not adaptable to our institutions. +Negotiations were then transferred to Washington; and the new British +minister, Mr. Stratford Canning, approached Adams with full instructions +in December, 1820.[28] + +Meantime, it had become clear to many in the United States that the +individual efforts of States could never suppress or even limit the +trade without systematic co-operation. In 1817 a committee of the House +had urged the opening of negotiations looking toward such international +co-operation,[29] and a Senate motion to the same effect had caused long +debate.[30] In 1820 and 1821 two House committee reports, one of which +recommended the granting of a Right of Search, were adopted by the +House, but failed in the Senate.[31] Adams, notwithstanding this, saw +constitutional objections to the plan proposed by Canning, and wrote to +him, December 30: "A Compact, giving the power to the Naval Officers of +one Nation to search the Merchant Vessels of another for Offenders and +offences against the Laws of the latter, backed by a further power to +seize and carry into a Foreign Port, and there subject to the decision +of a Tribunal composed of at least one half Foreigners, irresponsible to +the Supreme Corrective tribunal of this Union, and not amendable to the +controul of impeachment for official misdemeanors, was an investment of +power, over the persons, property and reputation of the Citizens of this +Country, not only unwarranted by any delegation of Sovereign Power to +the National Government, but so adverse to the elementary principles and +indispensable securities of individual rights, ... that not even the +most unqualified approbation of the ends ... could justify the +transgression." He then suggested co-operation of the fleets on the +coast of Africa, a proposal which was promptly accepted.[32] + +The slave-trade was again a subject of international consideration at +the Congress of Verona in 1822. Austria, France, Great Britain, Russia, +and Prussia were represented. The English delegates declared that, +although only Portugal and Brazil allowed the trade, yet the traffic was +at that moment carried on to a greater extent than ever before. They +said that in seven months of the year 1821 no less than 21,000 slaves +were abducted, and three hundred and fifty-two vessels entered African +ports north of the equator. "It is obvious," said they, "that this crime +is committed in contravention of the Laws of every Country of Europe, +and of America, excepting only of one, and that it requires something +more than the ordinary operation of Law to prevent it." England +therefore recommended:-- + +1. That each country denounce the trade as piracy, with a view of +founding upon the aggregate of such separate declarations a general law +to be incorporated in the Law of Nations. + +2. A withdrawing of the flags of the Powers from persons not natives of +these States, who engage in the traffic under the flags of these States. + +3. A refusal to admit to their domains the produce of the colonies of +States allowing the trade, a measure which would apply to Portugal and +Brazil alone. + +These proposals were not accepted. Austria would agree to the first two +only; France refused to denounce the trade as piracy; and Prussia was +non-committal. The utmost that could be gained was another denunciation +of the trade couched in general terms.[33] + + +70. ~Negotiations of 1823-1825.~ England did not, however, lose hope of +gaining some concession from the United States. Another House committee +had, in 1822, reported that the only method of suppressing the trade was +by granting a Right of Search.[34] The House agreed, February 28, 1823, +to request the President to enter into negotiations with the maritime +powers of Europe to denounce the slave-trade as piracy; an amendment +"that we agree to a qualified right of search" was, however, lost.[35] +Meantime, the English minister was continually pressing the matter upon +Adams, who proposed in turn to denounce the trade as piracy. Canning +agreed to this, but only on condition that it be piracy under the Law of +Nations and not merely by statute law. Such an agreement, he said, would +involve a Right of Search for its enforcement; he proposed strictly to +limit and define this right, to allow captured ships to be tried in +their own courts, and not to commit the United States in any way to the +question of the belligerent Right of Search. Adams finally sent a draft +of a proposed treaty to England, and agreed to recognize the +slave-traffic "as piracy under the law of nations, namely: that, +although seizable by the officers and authorities of every nation, they +should be triable only by the tribunals of the country of the slave +trading vessel."[36] + +Rush presented this _project_ to the government in January, 1824. +England agreed to all the points insisted on by the United States; viz., +that she herself should denounce the trade as piracy; that slavers +should be tried in their own country; that the captor should be laid +under the most effective responsibility for his conduct; and that +vessels under convoy of a ship of war of their own country should be +exempt from search. In addition, England demanded that citizens of +either country captured under the flag of a third power should be sent +home for trial, and that citizens of either country chartering vessels +of a third country should come under these stipulations.[37] + +This convention was laid before the Senate April 30, 1824, but was not +acted upon until May 21, when it was so amended as to make it terminable +at six months' notice. The same day, President Monroe, "apprehending, +from the delay in the decision, that some difficulty exists," sent a +special message to the Senate, giving at length the reasons for signing +the treaty, and saying that "should this Convention be adopted, there is +every reason to believe, that it will be the commencement of a system +destined to accomplish the entire Abolition of the Slave Trade." It was, +however, a time of great political pot-boiling, and consequently an +unfortunate occasion to ask senators to settle any great question. A +systematic attack, led by Johnson of Louisiana, was made on all the +vital provisions of the treaty: the waters of America were excepted from +its application, and those of the West Indies barely escaped exception; +the provision which, perhaps, aimed the deadliest blow at American +slave-trade interests was likewise struck out; namely, the application +of the Right of Search to citizens chartering the vessels of a third +nation.[38] + +The convention thus mutilated was not signed by England, who demanded as +the least concession the application of the Right of Search to American +waters. Meantime the United States had invited nearly all nations to +denounce the trade as piracy; and the President, the Secretary of the +Navy, and a House committee had urgently favored the granting of the +Right of Search. The bad faith of Congress, however, in the matter of +the Colombian treaty broke off for a time further negotiations with +England.[39] + + +71. ~The Attitude of the United States and the State of the +Slave-Trade.~ In 1824 the Right of Search was established between +England and Sweden, and in 1826 Brazil promised to abolish the trade in +three years.[40] In 1831 the cause was greatly advanced by the signing +of a treaty between Great Britain and France, granting mutually a +geographically limited Right of Search.[41] This led, in the next few +years, to similar treaties with Denmark, Sardinia,[42] the Hanse +towns,[43] and Naples.[44] Such measures put the trade more and more in +the hands of Americans, and it began greatly to increase. Mercer sought +repeatedly in the House to have negotiations reopened with England, but +without success.[45] Indeed, the chances of success were now for many +years imperilled by the recurrence of deliberate search of American +vessels by the British.[46] In the majority of cases the vessels proved +to be slavers, and some of them fraudulently flew the American flag; +nevertheless, their molestation by British cruisers created much +feeling, and hindered all steps toward an understanding: the United +States was loath to have her criminal negligence in enforcing her own +laws thus exposed by foreigners. Other international questions connected +with the trade also strained the relations of the two countries: three +different vessels engaged in the domestic slave-trade, driven by stress +of weather, or, in the "Creole" case, captured by Negroes on board, +landed slaves in British possessions; England freed them, and refused to +pay for such as were landed after emancipation had been proclaimed in +the West Indies.[47] The case of the slaver "L'Amistad" also raised +difficulties with Spain. This Spanish vessel, after the Negroes on board +had mutinied and killed their owners, was seized by a United States +vessel and brought into port for adjudication. The court, however, freed +the Negroes, on the ground that under Spanish law they were not legally +slaves; and although the Senate repeatedly tried to indemnify the +owners, the project did not succeed.[48] + +Such proceedings well illustrate the new tendency of the pro-slavery +party to neglect the enforcement of the slave-trade laws, in a frantic +defence of the remotest ramparts of slave property. Consequently, when, +after the treaty of 1831, France and England joined in urging the +accession of the United States to it, the British minister was at last +compelled to inform Palmerston, December, 1833, that "the Executive at +Washington appears to shrink from bringing forward, in any shape, a +question, upon which depends the completion of their former object--the +utter and universal Abolition of the Slave Trade--from an apprehension +of alarming the Southern States."[49] Great Britain now offered to sign +the proposed treaty of 1824 as amended; but even this Forsyth refused, +and stated that the United States had determined not to become "a party +of any Convention on the subject of the Slave Trade."[50] + +Estimates as to the extent of the slave-trade agree that the traffic to +North and South America in 1820 was considerable, certainly not much +less than 40,000 slaves annually. From that time to about 1825 it +declined somewhat, but afterward increased enormously, so that by 1837 +the American importation was estimated as high as 200,000 Negroes +annually. The total abolition of the African trade by American countries +then brought the traffic down to perhaps 30,000 in 1842. A large and +rapid increase of illicit traffic followed; so that by 1847 the +importation amounted to nearly 100,000 annually. One province of Brazil +is said to have received 173,000 in the years 1846-1849. In the decade +1850-1860 this activity in slave-trading continued, and reached very +large proportions. + +The traffic thus carried on floated under the flags of France, Spain, +and Portugal, until about 1830; from 1830 to 1840 it began gradually to +assume the United States flag; by 1845, a large part of the trade was +under the stars and stripes; by 1850 fully one-half the trade, and in +the decade, 1850-1860 nearly all the traffic, found this flag its best +protection.[51] + + +72. ~The Quintuple Treaty, 1839-1842.~ In 1839 Pope Gregory XVI. +stigmatized the slave-trade "as utterly unworthy of the Christian name;" +and at the same time, although proscribed by the laws of every civilized +State, the trade was flourishing with pristine vigor. Great advantage +was given the traffic by the fact that the United States, for two +decades after the abortive attempt of 1824, refused to co-operate with +the rest of the civilized world, and allowed her flag to shelter and +protect the slave-trade. If a fully equipped slaver sailed from New +York, Havana, Rio Janeiro, or Liverpool, she had only to hoist the stars +and stripes in order to proceed unmolested on her piratical voyage; for +there was seldom a United States cruiser to be met with, and there were, +on the other hand, diplomats at Washington so jealous of the honor of +the flag that they would prostitute it to crime rather than allow an +English or a French cruiser in any way to interfere. Without doubt, the +contention of the United States as to England's pretensions to a Right +of Visit was technically correct. Nevertheless, it was clear that if the +slave-trade was to be suppressed, each nation must either zealously keep +her flag from fraudulent use, or, as a labor-saving device, depute to +others this duty for limited places and under special circumstances. A +failure of any one nation to do one of these two things meant that the +efforts of all other nations were to be fruitless. The United States had +invited the world to join her in denouncing the slave-trade as piracy; +yet, when such a pirate was waylaid by an English vessel, the United +States complained or demanded reparation. The only answer which this +country for years returned to the long-continued exposures of American +slave-traders and of the fraudulent use of the American flag, was a +recital of cases where Great Britain had gone beyond her legal powers in +her attempt to suppress the slave-trade.[52] In the face of overwhelming +evidence to the contrary, Secretary of State Forsyth declared, in 1840, +that the duty of the United States in the matter of the slave-trade "has +been faithfully performed, and if the traffic still exists as a disgrace +to humanity, it is to be imputed to nations with whom Her Majesty's +Government has formed and maintained the most intimate connexions, and +to whose Governments Great Britain has paid for the right of active +intervention in order to its complete extirpation."[53] So zealous was +Stevenson, our minister to England, in denying the Right of Search, that +he boldly informed Palmerston, in 1841, "that there is no shadow of +pretence for excusing, much less justifying, the exercise of any such +right. That it is wholly immaterial, whether the vessels be equipped +for, or actually engaged in slave traffic or not, and consequently the +right to search or detain even slave vessels, must be confined to the +ships or vessels of those nations with whom it may have treaties on the +subject."[54] Palmerston courteously replied that he could not think +that the United States seriously intended to make its flag a refuge for +slave-traders;[55] and Aberdeen pertinently declared: "Now, it can +scarcely be maintained by Mr. Stevenson that Great Britain should be +bound to permit her own subjects, with British vessels and British +capital, to carry on, before the eyes of British officers, this +detestable traffic in human beings, which the law has declared to be +piracy, merely because they had the audacity to commit an additional +offence by fraudulently usurping the American flag."[56] Thus the +dispute, even after the advent of Webster, went on for a time, involving +itself in metaphysical subtleties, and apparently leading no nearer to +an understanding.[57] + +In 1838 a fourth conference of the powers for the consideration of the +slave-trade took place at London. It was attended by representatives of +England, France, Russia, Prussia, and Austria. England laid the _projet_ +of a treaty before them, to which all but France assented. This +so-called Quintuple Treaty, signed December 20, 1841, denounced the +slave-trade as piracy, and declared that "the High Contracting Parties +agree by common consent, that those of their ships of war which shall be +provided with special warrants and orders ... may search every +merchant-vessel belonging to any one of the High Contracting Parties +which shall, on reasonable grounds, be suspected of being engaged in the +traffic in slaves." All captured slavers were to be sent to their own +countries for trial.[58] + +While the ratification of this treaty was pending, the United States +minister to France, Lewis Cass, addressed an official note to Guizot at +the French foreign office, protesting against the institution of an +international Right of Search, and rather grandiloquently warning the +powers against the use of force to accomplish their ends.[59] This +extraordinary epistle, issued on the minister's own responsibility, +brought a reply denying that the creation of any "new principle of +international law, whereby the vessels even of those powers which have +not participated in the arrangement should be subjected to the right of +search," was ever intended, and affirming that no such extraordinary +interpretation could be deduced from the Convention. Moreover, M. Guizot +hoped that the United States, by agreeing to this treaty, would "aid, by +its most sincere endeavors, in the definitive abolition of the +trade."[60] Cass's theatrical protest was, consciously or unconsciously, +the manifesto of that growing class in the United States who wanted no +further measures taken for the suppression of the slave-trade; toward +that, as toward the institution of slavery, this party favored a policy +of strict _laissez-faire_. + + +73. ~Final Concerted Measures, 1842-1862.~ The Treaty of Washington, in +1842, made the first effective compromise in the matter and broke the +unpleasant dead-lock, by substituting joint cruising by English and +American squadrons for the proposed grant of a Right of Search. In +submitting this treaty, Tyler said: "The treaty which I now submit to +you proposes no alteration, mitigation, or modification of the rules of +the law of nations. It provides simply that each of the two Governments +shall maintain on the coast of Africa a sufficient squadron to enforce +separately and respectively the laws, rights, and obligations of the two +countries for the suppression of the slave trade."[61] This provision +was a part of the treaty to settle the boundary disputes with England. +In the Senate, Benton moved to strike out this article; but the attempt +was defeated by a vote of 37 to 12, and the treaty was ratified.[62] + +This stipulation of the treaty of 1842 was never properly carried out by +the United States for any length of time.[63] Consequently the same +difficulties as to search and visit by English vessels continued to +recur. Cases like the following were frequent. The "Illinois," of +Gloucester, Massachusetts, while lying at Whydah, Africa, was boarded by +a British officer, but having American papers was unmolested. Three days +later she hoisted Spanish colors and sailed away with a cargo of slaves. +Next morning she fell in with another British vessel and hoisted +American colors; the British ship had then no right to molest her; but +the captain of the slaver feared that she would, and therefore ran his +vessel aground, slaves and all. The senior English officer reported that +"had Lieutenant Cumberland brought to and boarded the 'Illinois,' +notwithstanding the American colors which she hoisted,... the American +master of the 'Illinois' ... would have complained to his Government of +the detention of his vessel."[64] Again, a vessel which had been boarded +by British officers and found with American flag and papers was, a +little later, captured under the Spanish flag with four hundred and +thirty slaves. She had in the interim complained to the United States +government of the boarding.[65] + +Meanwhile, England continued to urge the granting of a Right of Search, +claiming that the stand of the United States really amounted to the +wholesale protection of pirates under her flag.[66] The United States +answered by alleging that even the Treaty of 1842 had been misconstrued +by England,[67] whereupon there was much warm debate in Congress, and +several attempts were made to abrogate the slave-trade article of the +treaty.[68] The pro-slavery party had become more and more suspicious of +England's motives, since they had seen her abolition of the slave-trade +blossom into abolition of the system itself, and they seized every +opportunity to prevent co-operation with her. At the same time, European +interest in the question showed some signs of weakening, and no decided +action was taken. In 1845 France changed her Right of Search +stipulations of 1833 to one for joint cruising,[69] while the Germanic +Federation,[70] Portugal,[71] and Chili[72]enounced the trade as piracy. +In 1844 Texas granted the Right of Search to England,[73] and in 1845 +Belgium signed the Quintuple Treaty.[74] + +Discussion between England and the United States was revived when Cass +held the State portfolio, and, strange to say, the author of "Cass's +Protest" went farther than any of his predecessors in acknowledging the +justice of England's demands. Said he, in 1859: "If The United States +maintained that, by carrying their flag at her masthead, any vessel +became thereby entitled to the immunity which belongs to American +vessels, they might well be reproached with assuming a position which +would go far towards shielding crimes upon the ocean from punishment; +but they advance no such pretension, while they concede that, if in the +honest examination of a vessel sailing under American colours, but +accompanied by strongly-marked suspicious circumstances, a mistake is +made, and she is found to be entitled to the flag she bears, but no +injury is committed, and the conduct of the boarding party is +irreproachable, no Government would be likely to make a case thus +exceptional in its character a subject of serious reclamation."[75] +While admitting this and expressing a desire to co-operate in the +suppression of the slave-trade, Cass nevertheless steadily refused all +further overtures toward a mutual Right of Search. + +The increase of the slave-traffic was so great in the decade 1850-1860 +that Lord John Russell proposed to the governments of the United States, +France, Spain, Portugal, and Brazil, that they instruct their ministers +to meet at London in May or June, 1860, to consider measures for the +final abolition of the trade. He stated: "It is ascertained, by +repeated instances, that the practice is for vessels to sail under the +American flag. If the flag is rightly assumed, and the papers correct, +no British cruizer can touch them. If no slaves are on board, even +though the equipment, the fittings, the water-casks, and other +circumstances prove that the ship is on a Slave Trade venture, no +American cruizer can touch them."[76] Continued representations of this +kind were made to the paralyzed United States government; indeed, the +slave-trade of the world seemed now to float securely under her flag. +Nevertheless, Cass refused even to participate in the proposed +conference, and later refused to accede to a proposal for joint cruising +off the coast of Cuba.[77] Great Britain offered to relieve the United +States of any embarrassment by receiving all captured Africans into the +West Indies; but President Buchanan "could not contemplate any such +arrangement," and obstinately refused to increase the suppressing +squadron.[78] + +On the outbreak of the Civil War, the Lincoln administration, through +Secretary Seward, immediately expressed a willingness to do all in its +power to suppress the slave-trade.[79] Accordingly, June 7, 1862, a +treaty was signed with Great Britain granting a mutual limited Right of +Search, and establishing mixed courts for the trial of offenders at the +Cape of Good Hope, Sierra Leone, and New York.[80] The efforts of a +half-century of diplomacy were finally crowned; Seward wrote to Adams, +"Had such a treaty been made in 1808, there would now have been no +sedition here."[81] + + +FOOTNOTES: + + [1] Cf. Augustine Cochin, in Lalor, _Cyclopedia_, III. 723. + + [2] By a law of Aug. 11, 1792, the encouragement formerly + given to the trade was stopped. Cf. _Choix de rapports, + opinions et discours prononcés à la tribune nationale depuis + 1789_ (Paris, 1821), XIV. 425; quoted in Cochin, _The Results + of Emancipation_ (Booth's translation, 1863), pp. 33, 35-8. + + [3] Cochin, _The Results of Emancipation_ (Booth's + translation, 1863), pp. 42-7. + + [4] _British and Foreign State Papers_, 1815-6, p. 196. + + [5] _Ibid._, pp. 195-9, 292-3; 1816-7, p. 755. It was + eventually confirmed by royal ordinance, and the law of April + 15, 1818. + + [6] _Statute 28 George III._, ch. 54. Cf. _Statute 29 George + III._, ch. 66. + + [7] Various petitions had come in praying for an abolition of + the slave-trade; and by an order in Council, Feb. 11, 1788, a + committee of the Privy Council was ordered to take evidence on + the subject. This committee presented an elaborate report in + 1739. See published _Report_, London, 1789. + + [8] For the history of the Parliamentary struggle, cf. + Clarkson's and Copley's histories. The movement was checked in + the House of Commons in 1789, 1790, and 1791. In 1792 the + House of Commons resolved to abolish the trade in 1796. The + Lords postponed the matter to take evidence. A bill to + prohibit the foreign slave-trade was lost in 1793, passed the + next session, and was lost in the House of Lords. In 1795, + 1796, 1798, and 1799 repeated attempts to abolish the trade + were defeated. The matter then rested until 1804, when the + battle was renewed with more success. + + [9] _Statute 46 George III._, ch. 52, 119; _47 George III._, + sess. I. ch. 36. + + [10] Sparks, _Diplomatic Correspondence_, X. 154. + + [11] Fox to Hartley, June 10, 1783; quoted in Bancroft, + _History of the Constitution of the United States_, I. 61. + + [12] _Amer. State Papers, Foreign_, III. No. 214, p. 151. + + [13] _British and Foreign State Papers_, 1815-6, pp. 886, 937 + (quotation). + + [14] _Ibid._, pp. 890-1. + + [15] _British and Foreign State Papers_, 1815-6, p. 887. + Russia, Austria, and Prussia returned favorable replies: + _Ibid._, pp. 887-8. + + [16] _Ibid._, p. 889. + + [17] She desired a loan, which England made on this condition: + _Ibid._, pp. 921-2. + + [18] _Ibid._, pp. 937-9. Certain financial arrangements + secured this concession. + + [19] _Ibid._, pp. 939-75 + + [20] _Amer. State Papers, Foreign_, III. No. 271, pp. 735-48; + _U.S. Treaties and Conventions_ (ed. 1889), p. 405. + + [21] This was inserted in the Treaty of Paris, Nov. 20, 1815: + _British and Foreign State Papers_, 1815-6, p. 292. + + [22] _Ibid._, 1816-7, pp. 33-74 (English version, 1823-4, p. + 702 ff.). + + [23] Cf. _Ibid._, 1817-8, p. 125 ff. + + [24] This was the first meeting of the London ministers of the + powers according to agreement; they assembled Dec. 4, 1817, + and finally called a meeting of plenipotentiaries on the + question of suppression at Aix-la-Chapelle, beginning Oct. 24, + 1818. Among those present were Metternich, Richelieu, + Wellington, Castlereagh, Hardenberg, Bernstorff, Nesselrode, + and Capodistrias. Castlereagh made two propositions: 1. That + the five powers join in urging Portugal and Brazil to abolish + the trade May 20, 1820; 2. That the powers adopt the principle + of a mutual qualified Right of Search. Cf. _British and + Foreign State Papers_, 1818-9, pp. 21-88; _Amer. State Papers, + Foreign_, V. No. 346, pp. 113-122. + + [25] For cases, see _1 Acton_, 240, the "Amedie," and _1 + Dodson_, 81, the "Fortuna;" quoted in U.S. Reports, _10 + Wheaton_, 66. + + [26] Cf. the case of the French ship "Le Louis": _2 Dodson_, + 238; and also the case of the "San Juan Nepomuceno": _1 + Haggard_, 267. + + [27] _British and Foreign State Papers_, 1819-20, pp. 375-9; + also pp. 220-2. + + [28] _Ibid._, 1820-21, pp. 395-6. + + [29] _House Doc._, 14 Cong. 2 sess. II. No. 77. + + [30] _Annals of Cong._, 15 Cong. 1 sess. pp. 71, 73-78, + 94-109. The motion was opposed largely by Southern members, + and passed by a vote of 17 to 16. + + [31] One was reported, May 9, 1820, by Mercer's committee, and + passed May 12: _House Journal_, 16 Cong. 1 sess. pp. 497, 518, + 520, 526; _Annals of Cong._, 16 Cong. 1 sess. pp. 697-9. A + similar resolution passed the House next session, and a + committee reported in favor of the Right of Search: _Ibid._, + 16 Cong. 2 sess. pp. 1064-71. Cf. _Ibid._, pp. 476, 743, 865, + 1469. + + [32] _British and Foreign State Papers_, 1820-21, pp. 397-400. + + [33] _British and Foreign State Papers_, 1822-3, pp. 94-110. + + [34] _House Reports_, 17 Cong. 1 sess. II. No. 92. + + [35] _House Journal_, 17 Cong. 2 sess. pp. 212, 280; _Annals + of Cong._, 17 Cong. 2 sess. pp. 922, 1147-1155. + + [36] _British and Foreign State Papers_, 1823-4, pp. 409-21; + 1824-5, pp. 828-47; _Amer. State Papers, Foreign_, V. No. 371, + pp. 333-7. + + [37] _Ibid._ + + [38] _Ibid._, No. 374, p. 344 ff., No. 379, pp. 360-2. + + [39] _House Reports_, 18 Cong. 2 sess. I. No. 70; _Amer. State + Papers, Foreign_, V. No. 379, pp. 364-5, No. 414, p. 783, etc. + Among the nations invited by the United States to co-operate + in suppressing the trade was the United States of Colombia. + Mr. Anderson, our minister, expressed "the certain belief that + the Republic of Colombia will not permit herself to be behind + any Government in the civilized world in the adoption of + energetic measures for the suppression of this disgraceful + traffic": _Ibid._, No. 407, p. 729. The little republic + replied courteously; and, as a _projet_ for a treaty, Mr. + Anderson offered the proposed English treaty of 1824, + including the Senate amendments. Nevertheless, the treaty thus + agreed to was summarily rejected by the Senate, March 9, 1825: + _Ibid._, p. 735. Another result of this general invitation of + the United States was a proposal by Colombia that the + slave-trade and the status of Hayti be among the subjects for + discussion at the Panama Congress. As a result of this, a + Senate committee recommended that the United States take no + part in the Congress. This report was finally disagreed to by + a vote of 19 to 24: _Ibid._, No. 423, pp. 837, 860, 876, 882. + + [40] _British and Foreign State Papers_, 1823-4, and 1826-7. + Brazil abolished the trade in 1830. + + [41] This treaty was further defined in 1833: _Ibid._, 1830-1, + p. 641 ff.; 1832-3, p. 286 ff. + + [42] _Ibid._, 1833-4, pp. 218 ff., 1059 ff. + + [43] _Ibid._, 1837-8, p. 268 ff. + + [44] _Ibid._, 1838-9, p. 792 ff. + + [45] Viz., Feb. 28, 1825; April 7, 1830; Feb. 16, 1831; March + 3, 1831. The last resolution passed the House: _House + Journal_, 21 Cong. 2 sess. pp. 426-8. + + [46] Cf. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 35-6, + etc.; _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. + 730-55, etc. + + [47] These were the celebrated cases of the "Encomium," + "Enterprize," and "Comet." Cf. _Senate Doc._, 24 Cong. 2 sess. + II. No. 174; 25 Cong. 3 sess. III. No. 216. Cf. also case of + the "Creole": _Ibid._, 27 Cong. 2 sess. II.-III. Nos. 51, 137. + + [48] _Ibid._, 26 Cong. 2 sess. IV. No. 179; _Senate Exec. + Doc._, 31 Cong. 2 sess. III. No. 29; 32 Cong. 2 sess. III. No. + 19; _Senate Reports_, 31 Cong. 2 sess. No. 301; 32 Cong. 1 + sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; _House Doc._, 26 + Cong. 1 sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 + Cong. 1 sess. IV. No. 83; _House Exec. Doc._, 32 Cong. 2 sess. + III. No. 20; _House Reports_, 26 Cong. 2 sess. No. 51; 28 + Cong. 1 sess. II. No. 426; 29 Cong. 1 sess. IV. No. 753; also + Decisions of the U.S. Supreme Court, _15 Peters_, 518. Cf. + Drake, _Revelations of a Slave Smuggler_, p. 98. + + [49] _British and Foreign State Papers_, 1834-5, p. 136. + + [50] _Ibid._, pp. 135-47. Great Britain made treaties + meanwhile with Hayti, Uruguay, Venezuela, Bolivia, Argentine + Confederation, Mexico, Texas, etc. Portugal prohibited the + slave-trade in 1836, except between her African colonies. Cf. + _Ibid._, from 1838 to 1841. + + [51] These estimates are from the following sources: _Ibid._, + 1822-3, pp. 94-110; _Parliamentary Papers_, 1823, XVIII., + _Slave Trade_, Further Papers, A., pp. 10-11; 1838-9, XLIX., + _Slave Trade_, Class A, Further Series, pp. 115, 119, 121; + _House Doc._, 19 Cong. 1 sess. I. No. 1, p. 93; 20 Cong. 1 + sess. III. No. 99; 26 Cong. 1 sess. VI. No. 211; _House Exec. + Doc._, 31 Cong. 2 sess. I. No. 1, p. 193; _House Reports_, 21 + Cong. 1 sess. III. No. 348; _Senate Doc._, 28 Cong. 1 sess. + IV. No. 217; 31 Cong. 1 sess. XIV. No. 66; 31 Cong. 2 sess. + II. No. 6; _Amer. State Papers, Naval_, I. No. 249; Buxton, + _The African Slave Trade and its Remedy_, pp. 44-59; Friends' + _Facts and Observations on the Slave Trade_ (ed. 1841); + Friends' _Exposition of the Slave Trade, 1840-50_; _Annual + Reports of the American and Foreign Anti-Slavery Society_. + + The annexed table gives the dates of the abolition of the + slave-trade by the various nations:-- + + -------+-------------------+---------------------------+-------------- + | | |Arrangements + | | Right of Search Treaty | for Joint + Date. |Slave-trade | with Great Britain, | Cruising + | Abolished by | made by | with Great + | | | Britain, + | | | made by + -------+-------------------+---------------------------+-------------- + 1802 | Denmark. | | + 1807 | Great Britain; | | + | United States. | | + 1813 | Sweden. | | + 1814 | Netherlands. | | + 1815 | Portugal (north | | + | of the equator).| | + 1817 | Spain (north of | Portugal; Spain. | + | the equator). | | + 1818 | France. | Netherlands. | + 1820 | Spain. | | + 1824 | | Sweden. | + 1829 | Brazil (?). | | + 1830 | Portugal. | | + 1831-33| | France. | + 1833-39| | Denmark, Hanse Towns, etc.| + 1841 | | Quintuple Treaty (Austria,| + 1842 | | Russia, Prussia). | United States. + 1844 | | Texas. | + 1845 | | Belgium. | France. + 1862 | | United States. | + -------+-------------------+---------------------------+-------------- + + + + [52] Cf. _British and Foreign State Papers_, from 1836 to + 1842. + + [53] _Ibid._, 1839-40, p. 940. + + [54] _House Doc._, 27 Cong. 1 sess. No. 34, pp. 5-6. + + [55] _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, p. 56. + + [56] _Ibid._, p. 72. + + [57] _Ibid._, pp. 133-40, etc. + + [58] _British and Foreign State Papers_, 1841-2, p. 269 ff. + + [59] See below, Appendix B. + + [60] _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, p. 201. + + [61] _Senate Exec. Journal_, VI. 123. + + [62] _U.S. Treaties and Conventions_ (ed. 1889), pp. 436-7. + For the debates in the Senate, see _Congressional Globe_, 27 + Cong. 3 sess. Appendix. Cass resigned on account of the + acceptance of this treaty without a distinct denial of the + Right of Search, claiming that this compromised his position + in France. Cf. _Senate Doc._, 27 Cong. 3 sess. II., IV. Nos. + 52, 223; 29 Cong. 1 sess. VIII. No. 377. + + [63] Cf. below, Chapter X. + + [64] _Senate Exec. Doc._, 28 Cong. 2 sess. IX. No. 150, p. 72. + + [65] _Ibid._, p. 77. + + [66] _House Doc._, 27 Cong. 3 sess. V. No. 192, p. 4. Cf. + _British and Foreign State Papers_, 1842-3, p. 708 ff. + + [67] _House Journal_, 27 Cong. 3 sess. pp. 431, 485-8. Cf. + _House Doc._, 27 Cong. 3 sess. V. No. 192. + + [68] Cf. below, Chapter X. + + [69] With a fleet of 26 vessels, reduced to 12 in 1849: + _British and Foreign State Papers_, 1844-5, p. 4 ff.; 1849-50, + p. 480. + + [70] _Ibid._, 1850-1, p. 953. + + [71] Portugal renewed her Right of Search treaty in 1842: + _Ibid._, 1841-2, p. 527 ff.; 1842-3, p. 450. + + [72] _Ibid._, 1843-4, p. 316. + + [73] _Ibid._, 1844-5, p. 592. There already existed some such + privileges between England and Texas. + + [74] _Ibid._, 1847-8, p. 397 ff. + + [75] _Ibid._, 1858-9, pp. 1121, 1129. + + [76] _British and Foreign State Papers_, 1859-60, pp. 902-3. + + [77] _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7. + + [78] _Ibid._ + + [79] _Senate Exec. Doc._, 37 Cong. 2 sess. V. No. 57. + + [80] _Senate Exec. Journal_, XII. 230-1, 240, 254, 256, 391, + 400, 403; _Diplomatic Correspondence_, 1862, pp. 141, 158; + _U.S. Treaties and Conventions_ (ed. 1889), pp. 454-9. + + [81] _Diplomatic Correspondence_, 1862, pp. 64-5. This treaty + was revised in 1863. The mixed court in the West Indies had, + by February, 1864, liberated 95,206 Africans: _Senate Exec. + Doc._, 38 Cong. 1 sess. No. 56, p. 24. + + * * * * * + + + + +_Chapter X_ + +THE RISE OF THE COTTON KINGDOM. 1820-1850. + + 74. The Economic Revolution. + 75. The Attitude of the South. + 76. The Attitude of the North and Congress. + 77. Imperfect Application of the Laws. + 78. Responsibility of the Government. + 79. Activity of the Slave-Trade. + + +74. ~The Economic Revolution.~ The history of slavery and the +slave-trade after 1820 must be read in the light of the industrial +revolution through which the civilized world passed in the first half of +the nineteenth century. Between the years 1775 and 1825 occurred +economic events and changes of the highest importance and widest +influence. Though all branches of industry felt the impulse of this new +industrial life, yet, "if we consider single industries, cotton +manufacture has, during the nineteenth century, made the most +magnificent and gigantic advances."[1] This fact is easily explained by +the remarkable series of inventions that revolutionized this industry +between 1738 and 1830, including Arkwright's, Watt's, Compton's, and +Cartwright's epoch-making contrivances.[2] The effect which these +inventions had on the manufacture of cotton goods is best illustrated +by the fact that in England, the chief cotton market of the world, the +consumption of raw cotton rose steadily from 13,000 bales in 1781, to +572,000 in 1820, to 871,000 in 1830, and to 3,366,000 in 1860.[3] Very +early, therefore, came the query whence the supply of raw cotton was to +come. Tentative experiments on the rich, broad fields of the Southern +United States, together with the indispensable invention of Whitney's +cotton-gin, soon answered this question: a new economic future was +opened up to this land, and immediately the whole South began to extend +its cotton culture, and more and more to throw its whole energy into +this one staple. + +Here it was that the fatal mistake of compromising with slavery in the +beginning, and of the policy of _laissez-faire_ pursued thereafter, +became painfully manifest; for, instead now of a healthy, normal, +economic development along proper industrial lines, we have the abnormal +and fatal rise of a slave-labor large farming system, which, before it +was realized, had so intertwined itself with and braced itself upon the +economic forces of an industrial age, that a vast and terrible civil war +was necessary to displace it. The tendencies to a patriarchal serfdom, +recognizable in the age of Washington and Jefferson, began slowly but +surely to disappear; and in the second quarter of the century Southern +slavery was irresistibly changing from a family institution to an +industrial system. + +The development of Southern slavery has heretofore been viewed so +exclusively from the ethical and social standpoint that we are apt to +forget its close and indissoluble connection with the world's cotton +market. Beginning with 1820, a little after the close of the Napoleonic +wars, when the industry of cotton manufacture had begun its modern +development and the South had definitely assumed her position as chief +producer of raw cotton, we find the average price of cotton per pound, +8½_d._ From this time until 1845 the price steadily fell, until in the +latter year it reached 4_d._; the only exception to this fall was in the +years 1832-1839, when, among other things, a strong increase in the +English demand, together with an attempt of the young slave power to +"corner" the market, sent the price up as high as 11_d._ The demand for +cotton goods soon outran a crop which McCullough had pronounced +"prodigious," and after 1845 the price started on a steady rise, which, +except for the checks suffered during the continental revolutions and +the Crimean War, continued until 1860.[4] The steady increase in the +production of cotton explains the fall in price down to 1845. In 1822 +the crop was a half-million bales; in 1831, a million; in 1838, a +million and a half; and in 1840-1843, two million. By this time the +world's consumption of cotton goods began to increase so rapidly that, +in spite of the increase in Southern crops, the price kept rising. Three +million bales were gathered in 1852, three and a half million in 1856, +and the remarkable crop of five million bales in 1860.[5] + +Here we have data to explain largely the economic development of the +South. By 1822 the large-plantation slave system had gained footing; in +1838-1839 it was able to show its power in the cotton "corner;" by the +end of the next decade it had not only gained a solid economic +foundation, but it had built a closed oligarchy with a political policy. +The changes in price during the next few years drove out of competition +many survivors of the small-farming free-labor system, and put the slave +_régime_ in position to dictate the policy of the nation. The zenith of +the system and the first inevitable signs of decay came in the years +1850-1860, when the rising price of cotton threw the whole economic +energy of the South into its cultivation, leading to a terrible +consumption of soil and slaves, to a great increase in the size of +plantations, and to increasing power and effrontery on the part of the +slave barons. Finally, when a rising moral crusade conjoined with +threatened economic disaster, the oligarchy, encouraged by the state of +the cotton market, risked all on a political _coup-d'état_, which failed +in the war of 1861-1865.[6] + + +75. ~The Attitude of the South.~ The attitude of the South toward the +slave-trade changed _pari passu_ with this development of the cotton +trade. From 1808 to 1820 the South half wished to get rid of a +troublesome and abnormal institution, and yet saw no way to do so. The +fear of insurrection and of the further spread of the disagreeable +system led her to consent to the partial prohibition of the trade by +severe national enactments. Nevertheless, she had in the matter no +settled policy: she refused to support vigorously the execution of the +laws she had helped to make, and at the same time she acknowledged the +theoretical necessity of these laws. After 1820, however, there came a +gradual change. The South found herself supplied with a body of slave +laborers, whose number had been augmented by large illicit importations, +with an abundance of rich land, and with all other natural facilities +for raising a crop which was in large demand and peculiarly adapted to +slave labor. The increasing crop caused a new demand for slaves, and an +interstate slave-traffic arose between the Border and the Gulf States, +which turned the former into slave-breeding districts, and bound them to +the slave States by ties of strong economic interest. + +As the cotton crop continued to increase, this source of supply became +inadequate, especially as the theory of land and slave consumption broke +down former ethical and prudential bounds. It was, for example, found +cheaper to work a slave to death in a few years, and buy a new one, than +to care for him in sickness and old age; so, too, it was easier to +despoil rich, new land in a few years of intensive culture, and move on +to the Southwest, than to fertilize and conserve the soil.[7] +Consequently, there early came a demand for land and slaves greater than +the country could supply. The demand for land showed itself in the +annexation of Texas, the conquest of Mexico, and the movement toward the +acquisition of Cuba. The demand for slaves was manifested in the illicit +traffic that noticeably increased about 1835, and reached large +proportions by 1860. It was also seen in a disposition to attack the +government for stigmatizing the trade as criminal,[8] then in a +disinclination to take any measures which would have rendered our +repressive laws effective; and finally in such articulate declarations +by prominent men as this: "Experience having settled the point, that +this Trade _cannot be abolished by the use of force_, and that +blockading squadrons serve only to make it more profitable and more +cruel, I am surprised that the attempt is persisted in, unless as it +serves as a cloak to some other purposes. It would be far better than it +now is, for the African, if the trade was free from all restrictions, +and left to the mitigation and decay which time and competition would +surely bring about."[9] + + +76. ~The Attitude of the North and Congress.~ With the North as yet +unawakened to the great changes taking place in the South, and with the +attitude of the South thus in process of development, little or no +constructive legislation could be expected on the subject of the +slave-trade. As the divergence in sentiment became more and more +pronounced, there were various attempts at legislation, all of which +proved abortive. The pro-slavery party attempted, as early as 1826, and +again in 1828, to abolish the African agency and leave the Africans +practically at the mercy of the States;[10] one or two attempts were +made to relax the few provisions which restrained the coastwise +trade;[11] and, after the treaty of 1842, Benton proposed to stop +appropriations for the African squadron until England defined her +position on the Right of Search question.[12] The anti-slavery men +presented several bills to amend and strengthen previous laws;[13] they +sought, for instance, in vain to regulate the Texan trade, through which +numbers of slaves indirectly reached the United States.[14] Presidents +and consuls earnestly recommended legislation to restrict the clearances +of vessels bound on slave-trading voyages, and to hinder the facility +with which slavers obtained fraudulent papers.[15] Only one such bill +succeeded in passing the Senate, and that was dropped in the House.[16] + +The only legislation of this period was confined to a few appropriation +bills. Only one of these acts, that of 1823, appropriating $50,000,[17] +was designed materially to aid in the suppression of the trade, all the +others relating to expenses incurred after violations. After 1823 the +appropriations dwindled, being made at intervals of one, two, and three +years, down to 1834, when the amount was $5,000. No further +appropriations were made until 1842, when a few thousands above an +unexpended surplus were appropriated. In 1843 $5,000 were given, and +finally, in 1846, $25,000 were secured; but this was the last sum +obtainable until 1856.[18] Nearly all of these meagre appropriations +went toward reimbursing Southern plantation owners for the care and +support of illegally imported Africans, and the rest to the maintenance +of the African agency. Suspiciously large sums were paid for the first +purpose, considering the fact that such Africans were always worked hard +by those to whom they were farmed out, and often "disappeared" while in +their hands. In the accounts we nevertheless find many items like that +of $20,286.98 for the maintenance of Negroes imported on the +"Ramirez;"[19] in 1827, $5,442.22 for the "bounty, subsistence, +clothing, medicine," etc., of fifteen Africans;[20] in 1835, $3,613 for +the support of thirty-eight slaves for two months (including a bill of +$1,038 for medical attendance).[21] + +The African agency suffered many vicissitudes. The first agent, Bacon, +who set out early in 1820, was authorized by President Monroe "to form +an establishment on the island of Sherbro, or elsewhere on the coast of +Africa," and to build barracks for three hundred persons. He was, +however, warned "not to connect your agency with the views or plans of +the Colonization Society, with which, under the law, the Government of +the United States has no concern." Bacon soon died, and was followed +during the next four years by Winn and Ayres; they succeeded in +establishing a government agency on Cape Mesurado, in conjunction with +that of the Colonization Society. The agent of that Society, Jehudi +Ashmun, became after 1822, the virtual head of the colony; he fortified +and enlarged it, and laid the foundations of an independent community. +The succeeding government agents came to be merely official +representatives of the United States, and the distribution of free +rations for liberated Africans ceased in 1827. + +Between 1819 and 1830 two hundred and fifty-two recaptured Africans were +sent to the agency, and $264,710 were expended. The property of the +government at the agency was valued at $18,895. From 1830 to 1840, +nearly $20,000 more were expended, chiefly for the agents' salaries. +About 1840 the appointment of an agent ceased, and the colony became +gradually self-supporting and independent. It was proclaimed as the +Republic of Liberia in 1847.[22] + + +77. ~Imperfect Application of the Laws.~ In reviewing efforts toward the +suppression of the slave-trade from 1820 to 1850, it must be remembered +that nearly every cabinet had a strong, if not a predominating, Southern +element, and that consequently the efforts of the executive were +powerfully influenced by the changing attitude of the South. Naturally, +under such circumstances, the government displayed little activity and +no enthusiasm in the work. In 1824 a single vessel of the Gulf squadron +was occasionally sent to the African coast to return by the route +usually followed by the slavers; no wonder that "none of these or any +other of our public ships have found vessels engaged in the slave trade +under the flag of the United States, ... although it is known that the +trade still exists to a most lamentable extent."[23] Indeed, all that an +American slaver need do was to run up a Spanish or a Portuguese flag, to +be absolutely secure from all attack or inquiry on the part of United +States vessels. Even this desultory method of suppression was not +regular: in 1826 "no vessel has been despatched to the coast of Africa +for several months,"[24] and from that time until 1839 this country +probably had no slave-trade police upon the seas, except in the Gulf of +Mexico. In 1839 increasing violations led to the sending of two +fast-sailing vessels to the African coast, and these were kept there +more or less regularly;[25] but even after the signing of the treaty of +1842 the Secretary of the Navy reports: "On the coast of Africa we have +_no_ squadron. The small appropriation of the present year was believed +to be scarcely sufficient."[26] Between 1843 and 1850 the coast squadron +varied from two to six vessels, with from thirty to ninety-eight +guns;[27] "but the force habitually and actively engaged in cruizing on +the ground frequented by slavers has probably been less by one-fourth, +if we consider the size of the ships employed and their withdrawal for +purposes of recreation and health, and the movement of the reliefs, +whose arrival does not correspond exactly with the departure of the +vessels whose term of service has expired."[28] The reports of the navy +show that in only four of the eight years mentioned was the fleet, at +the time of report, at the stipulated size of eighty guns; and at times +it was much below this, even as late as 1848, when only two vessels are +reported on duty along the African coast.[29] As the commanders +themselves acknowledged, the squadron was too small and the +cruising-ground too large to make joint cruising effective.[30] + +The same story comes from the Brazil station: "Nothing effectual can be +done towards stopping the slave trade, as our squadron is at present +organized," wrote the consul at Rio Janeiro in 1847; "when it is +considered that the Brazil station extends from north of the equator to +Cape Horn on this continent, and includes a great part of Africa south +of the equator, on both sides of the Cape of Good Hope, it must be +admitted that one frigate and one brig is a very insufficient force to +protect American commerce, and repress the participation in the slave +trade by our own vessels."[31] In the Gulf of Mexico cruisers were +stationed most of the time, although even here there were at times +urgent representations that the scarcity or the absence of such vessels +gave the illicit trade great license.[32] + +Owing to this general negligence of the government, and also to its +anxiety on the subject of the theoretic Right of Search, many officials +were kept in a state of chronic deception in regard to the trade. The +enthusiasm of commanders was dampened by the lack of latitude allowed +and by the repeated insistence in their orders on the non-existence of a +Right of Search.[33] When one commander, realizing that he could not +cover the trading-track with his fleet, requested English commanders to +detain suspicious American vessels until one of his vessels came up, the +government annulled the agreement as soon as it reached their ears, +rebuked him, and the matter was alluded to in Congress long after with +horror.[34] According to the orders of cruisers, only slavers with +slaves actually on board could be seized. Consequently, fully equipped +slavers would sail past the American fleet, deliberately make all +preparations for shipping a cargo, then, when the English were not near, +"sell" the ship to a Spaniard, hoist the Spanish flag, and again sail +gayly past the American fleet with a cargo of slaves. An English +commander reported: "The officers of the United States' navy are +extremely active and zealous in the cause, and no fault can be +attributed to them, but it is greatly to be lamented that this blemish +should in so great a degree nullify our endeavours."[35] + + +78. ~Responsibility of the Government.~ Not only did the government thus +negatively favor the slave-trade, but also many conscious, positive acts +must be attributed to a spirit hostile to the proper enforcement of the +slave-trade laws. In cases of doubt, when the law needed executive +interpretation, the decision was usually in favor of the looser +construction of the law; the trade from New Orleans to Mobile was, for +instance, declared not to be coastwise trade, and consequently, to the +joy of the Cuban smugglers, was left utterly free and unrestricted.[36] +After the conquest of Mexico, even vessels bound to California, by the +way of Cape Horn, were allowed to clear coastwise, thus giving our flag +to "the slave-pirates of the whole world."[37] Attorney-General Nelson +declared that the selling to a slave-trader of an American vessel, to be +delivered on the coast of Africa, was not aiding or abetting the +slave-trade.[38] So easy was it for slavers to sail that corruption +among officials was hinted at. "There is certainly a want of proper +vigilance at Havana," wrote Commander Perry in 1844, "and perhaps at the +ports of the United States;" and again, in the same year, "I cannot but +think that the custom-house authorities in the United States are not +sufficiently rigid in looking after vessels of suspicious +character."[39] + +In the courts it was still next to impossible to secure the punishment +of the most notorious slave-trader. In 1847 a consul writes: "The slave +power in this city [i.e., Rio Janeiro] is extremely great, and a consul +doing his duty needs to be supported kindly and effectually at home. In +the case of the 'Fame,' where the vessel was diverted from the business +intended by her owners and employed in the slave trade--both of which +offences are punishable with death, if I rightly read the laws--I sent +home the two mates charged with these offences, for trial, the first +mate to Norfolk, the second mate to Philadelphia. What was done with the +first mate I know not. In the case of the man sent to Philadelphia, Mr. +Commissioner Kane states that a clear prima facie case is made out, and +then holds him to bail in the sum of _one thousand dollars_, which would +be paid by any slave trader in Rio, on the _presentation of a draft_. In +all this there is little encouragement for exertion."[40] Again, the +"Perry" in 1850 captured a slaver which was about to ship 1,800 slaves. +The captain admitted his guilt, and was condemned in the United States +District Court at New York. Nevertheless, he was admitted to bail of +$5,000; this being afterward reduced to $3,000, he forfeited it and +escaped. The mate was sentenced to two years in the penitentiary.[41] +Also several slavers sent home to the United States by the British, with +clear evidence of guilt, escaped condemnation through +technicalities.[42] + + +79. ~Activity of the Slave-Trade, 1820-1850.~ The enhanced price of +slaves throughout the American slave market, brought about by the new +industrial development and the laws against the slave-trade, was the +irresistible temptation that drew American capital and enterprise into +that traffic. In the United States, in spite of the large interstate +traffic, the average price of slaves rose from about $325 in 1840, to +$360 in 1850, and to $500 in 1860.[43] Brazil and Cuba offered similar +inducements to smugglers, and the American flag was ready to protect +such pirates. As a result, the American slave-trade finally came to be +carried on principally by United States capital, in United States ships, +officered by United States citizens, and under the United States flag. + +Executive reports repeatedly acknowledged this fact. In 1839 "a careful +revision of these laws" is recommended by the President, in order that +"the integrity and honor of our flag may be carefully preserved."[44] In +June, 1841, the President declares: "There is reason to believe that the +traffic is on the increase," and advocates "vigorous efforts."[45] His +message in December of the same year acknowledges: "That the American +flag is grossly abused by the abandoned and profligate of other nations +is but too probable."[46] The special message of 1845 explains at length +that "it would seem" that a regular policy of evading the laws is +carried on: American vessels with the knowledge of the owners are +chartered by notorious slave dealers in Brazil, aided by English +capitalists, with this intent.[47] The message of 1849 "earnestly" +invites the attention of Congress "to an amendment of our existing laws +relating to the African slave-trade, with a view to the effectual +suppression of that barbarous traffic. It is not to be denied," +continues the message, "that this trade is still, in part, carried on by +means of vessels built in the United States, and owned or navigated by +some of our citizens."[48] Governor Buchanan of Liberia reported in +1839: "The chief obstacle to the success of the very active measures +pursued by the British government for the suppression of the slave-trade +on the coast, is the _American flag_. Never was the proud banner of +freedom so extensively used by those pirates upon liberty and humanity, +as at this season."[49] One well-known American slaver was boarded +fifteen times and twice taken into port, but always escaped by means of +her papers.[50] Even American officers report that the English are doing +all they can, but that the American flag protects the trade.[51] The +evidence which literally poured in from our consuls and ministers at +Brazil adds to the story of the guilt of the United States.[52] It was +proven that the participation of United States citizens in the trade was +large and systematic. One of the most notorious slave merchants of +Brazil said: "I am worried by the Americans, who insist upon my hiring +their vessels for slave-trade."[53] Minister Proffit stated, in 1844, +that the "slave-trade is almost entirely carried on under our flag, in +American-built vessels."[54] So, too, in Cuba: the British commissioners +affirm that American citizens were openly engaged in the traffic; +vessels arrived undisguised at Havana from the United States, and +cleared for Africa as slavers after an alleged sale.[55] The American +consul, Trist, was proven to have consciously or unconsciously aided +this trade by the issuance of blank clearance papers.[56] + +The presence of American capital in these enterprises, and the +connivance of the authorities, were proven in many cases and known in +scores. In 1837 the English government informed the United States that +from the papers of a captured slaver it appeared that the notorious +slave-trading firm, Blanco and Carballo of Havana, who owned the vessel, +had correspondents in the United States: "at Baltimore, Messrs. Peter +Harmony and Co., in New York, Robert Barry, Esq."[57] The slaver +"Martha" of New York, captured by the "Perry," contained among her +papers curious revelations of the guilt of persons in America who were +little suspected.[58] The slaver "Prova," which was allowed to lie in +the harbor of Charleston, South Carolina, and refit, was afterwards +captured with two hundred and twenty-five slaves on board.[59] The real +reason that prevented many belligerent Congressmen from pressing certain +search claims against England lay in the fact that the unjustifiable +detentions had unfortunately revealed so much American guilt that it was +deemed wiser to let the matter end in talk. For instance, in 1850 +Congress demanded information as to illegal searches, and President +Fillmore's report showed the uncomfortable fact that, of the ten +American ships wrongly detained by English men-of-war, nine were proven +red-handed slavers.[60] + +The consul at Havana reported, in 1836, that whole cargoes of slaves +fresh from Africa were being daily shipped to Texas in American vessels, +that 1,000 had been sent within a few months, that the rate was +increasing, and that many of these slaves "can scarcely fail to find +their way into the United States." Moreover, the consul acknowledged +that ships frequently cleared for the United States in ballast, taking +on a cargo at some secret point.[61] When with these facts we consider +the law facilitating "recovery" of slaves from Texas,[62] the repeated +refusals to regulate the Texan trade, and the shelving of a proposed +congressional investigation into these matters,[63] conjecture becomes a +practical certainty. It was estimated in 1838 that 15,000 Africans were +annually taken to Texas, and "there are even grounds for suspicion that +there are other places ... where slaves are introduced."[64] Between +1847 and 1853 the slave smuggler Drake had a slave depot in the Gulf, +where sometimes as many as 1,600 Negroes were on hand, and the owners +were continually importing and shipping. "The joint-stock company," +writes this smuggler, "was a very extensive one, and connected with +leading American and Spanish mercantile houses. Our island[65] was +visited almost weekly, by agents from Cuba, New York, Baltimore, +Philadelphia, Boston, and New Orleans.... The seasoned and instructed +slaves were taken to Texas, or Florida, overland, and to Cuba, in +sailing-boats. As no squad contained more than half a dozen, no +difficulty was found in posting them to the United States, without +discovery, and generally without suspicion.... The Bay Island plantation +sent ventures weekly to the Florida Keys. Slaves were taken into the +great American swamps, and there kept till wanted for the market. +Hundreds were sold as captured runaways from the Florida wilderness. We +had agents in every slave State; and our coasters were built in Maine, +and came out with lumber. I could tell curious stories ... of this +business of smuggling Bozal negroes into the United States. It is +growing more profitable every year, and if you should hang all the +Yankee merchants engaged in it, hundreds would fill their places."[66] +Inherent probability and concurrent testimony confirm the substantial +truth of such confessions. For instance, one traveller discovers on a +Southern plantation Negroes who can speak no English.[67] The careful +reports of the Quakers "apprehend that many [slaves] are also introduced +into the United States."[68] Governor Mathew of the Bahama Islands +reports that "in more than one instance, Bahama vessels with coloured +crews have been purposely wrecked on the coast of Florida, and the crews +forcibly sold." This was brought to the notice of the United States +authorities, but the district attorney of Florida could furnish no +information.[69] + +Such was the state of the slave-trade in 1850, on the threshold of the +critical decade which by a herculean effort was destined finally to +suppress it. + + +FOOTNOTES: + + [1] Beer, _Geschichte des Welthandels im 19^{ten} + Jahrhundert_, II. 67. + + [2] A list of these inventions most graphically illustrates + this advance:-- + + 1738, John Jay, fly-shuttle. + John Wyatt, spinning by rollers. + 1748, Lewis Paul, carding-machine. + 1760, Robert Kay, drop-box. + 1769, Richard Arkwright, water-frame and throstle. + James Watt, steam-engine. + 1772, James Lees, improvements on carding-machine. + 1775, Richard Arkwright, series of combinations. + 1779, Samuel Compton, mule. + 1785, Edmund Cartwright, power-loom. + 1803-4, Radcliffe and Johnson, dressing-machine. + 1817, Roberts, fly-frame. + 1818, William Eaton, self-acting frame. + 1825-30, Roberts, improvements on mule. + + Cf. Baines, _History of the Cotton Manufacture_, pp. 116-231; + _Encyclopædia Britannica_, 9th ed., article "Cotton." + + [3] Baines, _History of the Cotton Manufacture_, p. 215. A + bale weighed from 375 lbs. to 400 lbs. + + [4] The prices cited are from Newmarch and Tooke, and refer to + the London market. The average price in 1855-60 was about + 7_d._ + + [5] From United States census reports. + + [6] Cf. United States census reports; and Olmsted, _The Cotton + Kingdom_. + + [7] Cf. United States census reports; and Olmsted, _The Cotton + Kingdom_. + + [8] As early as 1836 Calhoun declared that he should ever + regret that the term "piracy" had been applied to the + slave-trade in our laws: Benton, _Abridgment of Debates_, XII. + 718. + + [9] Governor J.H. Hammond of South Carolina, in _Letters to + Clarkson_, No. 1, p. 2. + + [10] In 1826 Forsyth of Georgia attempted to have a bill + passed abolishing the African agency, and providing that the + Africans imported be disposed of in some way that would entail + no expense on the public treasury: _Home Journal_, 19 Cong. 1 + sess. p. 258. In 1828 a bill was reported to the House to + abolish the agency and make the Colonization Society the + agents, if they would agree to the terms. The bill was so + amended as merely to appropriate money for suppressing the + slave-trade: _Ibid._, 20 Cong. 1 sess., House Bill No. 190. + + [11] _Ibid._, pp. 121, 135; 20 Cong. 2 sess. pp. 58-9, 84, + 215. + + [12] _Congressional Globe_, 27 Cong. 3 sess. pp. 328, 331-6. + + [13] Cf. Mercer's bill, _House Journal_, 21 Cong. 1 sess. p. + 512; also Strange's two bills, _Senate Journal_, 25 Cong. 3 + sess. pp. 200, 313; 26 Cong. 1 sess., Senate Bill No. 123. + + [14] _Senate Journal_, 25 Cong. 2 sess. pp. 297-8, 300. + + [15] _Senate Doc_, 28 Cong. 1 sess. IV. No. 217, p. 19; + _Senate Exec. Doc._, 31 Cong. 2 sess. II. No. 6, pp. 3, 10, + etc.; 33 Cong. 1 sess. VIII. No. 47, pp. 5-6; 34 Cong. 1 sess. + XV. No. 99, p. 80; _House Journal_, 26 Cong. 1 sess. pp. + 117-8; cf. _Ibid._, 20 Cong. 1 sess. p. 650, etc.; 21 Cong. 2 + sess. p. 194; 27 Cong. 1 sess. pp. 31, 184; _House Doc._, 29 + Cong. 1 sess. III. No. 43, p. 11; _House Exec. Doc._, 31 Cong. + 1 sess. III. pt. 1, No. 5, pp. 7-8. + + [16] _Senate Journal_, 26 Cong. 1 sess., Senate Bill No. 335; + _House Journal_, 26 Cong. 1 sess. pp. 1138, 1228, 1257. + + [17] _Statutes at Large_, III. 764. + + [18] Cf. above, Chapter VIII. p. 125. + + [19] Cf. _Report of the Secretary of the Navy_, 1827. + + [20] _Ibid._ + + [21] _House Reports_, 24 Cong. 1 sess. I. No. 223. + + [22] This account is taken exclusively from government + documents: _Amer. State Papers, Naval_, III. Nos. 339, 340, + 357, 429 E; IV. Nos. 457 R (1 and 2), 486 H, I, p. 161 and 519 + R, 564 P, 585 P; _House Reports_, 19 Cong. 1 sess. I. No. 65; + _House Doc._, 19 Cong. 2 sess. IV. No. 69; 21 Cong. 2 sess. I. + No. 2, pp. 42-3, 211-8; 22 Cong. 1 sess. I. No. 2, pp. 45, + 272-4; 22 Cong. 2 sess. I. No. 2, pp. 48, 229; 23 Cong. 1 + sess. I. No. 1, pp. 238, 269; 23 Cong. 2 sess. I. No. 2, pp. + 315, 363; 24 Cong, 1 sess. I. No. 2, pp. 336, 378; 24 Cong. 2 + sess. I. No. 2, pp. 450, 506; 25 Cong. 2 sess. I. No. 3, pp. + 771, 850; 26 Cong. 1 sess. I. No. 2, pp. 534, 612; 26 Cong. 2 + sess. I. No. 2, pp. 405, 450. It is probable that the agent + became eventually the United States consul and minister; I + cannot however cite evidence for this supposition. + + [23] _Report of the Secretary of the Navy_, 1824. + + [24] _Ibid._, 1826. + + [25] _Ibid._, 1839. + + [26] _Ibid._, 1842. + + [27] _British and Foreign State Papers_, 1857-8, p. 1250. + + [28] Lord Napier to Secretary of State Cass, Dec. 24, 1857: + _British and Foreign State Papers_, 1857-8, p. 1249. + + [29] _Parliamentary Papers_, 1847-8, Vol. LXIV. No. 133, + _Papers Relative to the Suppression of the Slave Trade on the + Coast of Africa_, p. 2. + + [30] Report of Perry: _Senate Doc._, 28 Cong. 2 sess. IX. No. + 150, p. 118. + + [31] Consul Park at Rio Janeiro to Secretary Buchanan, Aug. + 20, 1847: _House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, p. + 7. + + [32] Suppose "an American vessel employed to take in negroes + at some point on this coast. There is no American man-of-war + here to obtain intelligence. What risk does she run of being + searched? But suppose that there is a man-of-war in port. What + is to secure the master of the merchantman against her [the + man-of-war's commander's knowing all about his [the + merchant-man's] intention, or suspecting it in time to be upon + him [the merchant-man] before he shall have run a league on + his way to Texas?" Consul Trist to Commander Spence: _House + Doc._, 27 Cong. 1 sess. No. 34, p. 41.] + + [33] A typical set of instructions was on the following plan: + 1. You are charged with the protection of legitimate commerce. + 2. While the United States wishes to suppress the slave-trade, + she will not admit a Right of Search by foreign vessels. 3. + You are to arrest slavers. 4. You are to allow in no case an + exercise of the Right of Search or any great interruption of + legitimate commerce.--To Commodore Perry, March 30, 1843: + _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 104. + + [34] _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. + 765-8. Cf. Benton's speeches on the treaty of 1842. + + [35] Report of Hotham to Admiralty, April 7, 1847: + _Parliamentary Papers_, 1847-8, Vol. LXIV. No. 133, _Papers + Relative to the Suppression of the Slave Trade on the Coast of + Africa_, p. 13. + + [36] _Opinions of Attorneys-General_, III. 512. + + [37] _Tenth Annual Report of the Amer. and Foreign Anti-Slav. + Soc._, May 7, 1850, p. 149. + + [38] _Opinions of Attorneys-General_, IV. 245. + + [39] _Senate Doc._, 28 Cong. 2 sess. IX. No. 150, pp. 108, + 132. + + [40] _House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, p. 18. + + [41] Foote, _Africa and the American Flag_, pp. 286-90. + + [42] _British and Foreign State Papers_, 1839-40, pp. 913-4. + + [43] Cf. United States census reports; and Olmsted, _Cotton + Kingdom_. + + [44] _House Journal_, 26 Cong. 1 sess. p. 118. + + [45] _Ibid._, 27 Cong. 1 sess. pp. 31, 184. + + [46] _Ibid._, 27 Cong. 2 sess. pp. 14, 15, 86, 113. + + [47] _Senate Journal_, 28 Cong. 2 sess. pp. 191, 227. + + [48] _House Exec. Doc._, 31 Cong. 1 sess. III. pt. I. No. 5, + p. 7. + + [49] Foote, _Africa and the American Flag_, p. 152. + + [50] _Ibid._, pp. 152-3. + + [51] _Ibid._, p. 241. + + [52] Cf. e.g. _House Doc._, 28 Cong. 2 sess. IV. pt. I. No. + 148; 29 Cong. 1 sess. III. No. 43; _House Exec. Doc._, 30 + Cong. 2 sess. VII. No. 61; _Senate Exec. Doc._, 30 Cong. 1 + sess. IV. No. 28; 31 Cong. 2 sess. II. No. 6; 33 Cong. 1 sess. + VIII. No. 47. + + [53] Foote, _Africa and the American Flag_, p. 218. + + [54] _Ibid._, p. 221. + + [55] Palmerston to Stevenson: _House Doc._, 26 Cong. 2 sess. + V. No. 115, p. 5. In 1836 five such slavers were known to have + cleared; in 1837, eleven; in 1838, nineteen; and in 1839, + twenty-three: _Ibid._, pp. 220-1. + + [56] _Parliamentary Papers_, 1839, Vol. XLIX., _Slave Trade_, + class A, Further Series, pp. 58-9; class B, Further Series, p. + 110; class D, Further Series, p. 25. Trist pleaded ignorance + of the law: Trist to Forsyth, _House Doc._, 26 Cong. 2 sess. + V. No. 115. + + [57] _House Doc._, 26 Cong. 2 sess. V. No. 115. + + [58] Foote, _Africa and the American Flag_, p. 290. + + [59] _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 121, + 163-6. + + [60] _Senate Exec. Doc._, 31 Cong. 1 sess. XIV No. 66. + + [61] Trist to Forsyth: _House Doc._, 26 Cong. 2 sess. V. No. + 115. "The business of supplying the United States with + Africans from this island is one that must necessarily exist," + because "slaves are a hundred _per cent_, or more, higher in + the United States than in Cuba," and this profit "is a + temptation which it is not in human nature as modified by + American institutions to withstand": _Ibid._ + + [62] _Statutes at Large_, V. 674. + + [63] Cf. above, p. 157, note 1. + + [64] Buxton, _The African Slave Trade and its Remedy_, pp. + 44-5. Cf. _2d Report of the London African Soc._, p. 22. + + [65] I.e., Bay Island in the Gulf of Mexico, near the coast of + Honduras. + + [66] _Revelations of a Slave Smuggler_, p. 98. + + [67] Mr. H. Moulton in _Slavery as it is_, p. 140; cited in + _Facts and Observations on the Slave Trade_ (Friends' ed. + 1841), p. 8. + + [68] In a memorial to Congress, 1840: _House Doc._, 26 Cong. 1 + sess. VI. No. 211. + + [69] _British and Foreign State Papers_, 1845-6, pp. 883, 968, + 989-90. The governor wrote in reply: "The United States, if + properly served by their law officers in the Floridas, will + not experience any difficulty in obtaining the requisite + knowledge of these illegal transactions, which, I have reason + to believe, were the subject of common notoriety in the + neighbourhood where they occurred, and of boast on the part of + those concerned in them": _British and Foreign State Papers_, + 1845-6, p. 990. + + * * * * * + + + + +_Chapter XI_ + +THE FINAL CRISIS. 1850-1870. + + 80. The Movement against the Slave-Trade Laws. + 81. Commercial Conventions of 1855-56. + 82. Commercial Conventions of 1857-58. + 83. Commercial Convention of 1859. + 84. Public Opinion in the South. + 85. The Question in Congress. + 86. Southern Policy in 1860. + 87. Increase of the Slave-Trade from 1850 to 1860. + 88. Notorious Infractions of the Laws. + 89. Apathy of the Federal Government. + 90. Attitude of the Southern Confederacy. + 91. Attitude of the United States. + + +80. ~The Movement against the Slave-Trade Laws.~ It was not altogether a +mistaken judgment that led the constitutional fathers to consider the +slave-trade as the backbone of slavery. An economic system based on +slave labor will find, sooner or later, that the demand for the cheapest +slave labor cannot long be withstood. Once degrade the laborer so that +he cannot assert his own rights, and there is but one limit below which +his price cannot be reduced. That limit is not his physical well-being, +for it may be, and in the Gulf States it was, cheaper to work him +rapidly to death; the limit is simply the cost of procuring him and +keeping him alive a profitable length of time. Only the moral sense of a +community can keep helpless labor from sinking to this level; and when a +community has once been debauched by slavery, its moral sense offers +little resistance to economic demand. This was the case in the West +Indies and Brazil; and although better moral stamina held the crisis +back longer in the United States, yet even here the ethical standard of +the South was not able to maintain itself against the demands of the +cotton industry. When, after 1850, the price of slaves had risen to a +monopoly height, the leaders of the plantation system, brought to the +edge of bankruptcy by the crude and reckless farming necessary under a +slave _régime_, and baffled, at least temporarily, in their quest of new +rich land to exploit, began instinctively to feel that the only +salvation of American slavery lay in the reopening of the African +slave-trade. + +It took but a spark to put this instinctive feeling into words, and +words led to deeds. The movement first took definite form in the ever +radical State of South Carolina. In 1854 a grand jury in the +Williamsburg district declared, "as our unanimous opinion, that the +Federal law abolishing the African Slave Trade is a public grievance. We +hold this trade has been and would be, if re-established, a blessing to +the American people, and a benefit to the African himself."[1] This +attracted only local attention; but when, in 1856, the governor of the +State, in his annual message, calmly argued at length for a reopening of +the trade, and boldly declared that "if we cannot supply the demand for +slave labor, then we must expect to be supplied with a species of labor +we do not want,"[2] such words struck even Southern ears like "a thunder +clap in a calm day."[3] And yet it needed but a few years to show that +South Carolina had merely been the first to put into words the +inarticulate thought of a large minority, if not a majority, of the +inhabitants of the Gulf States. + + +81. ~Commercial Conventions of 1855-56.~ The growth of the movement is +best followed in the action of the Southern Commercial Convention, an +annual gathering which seems to have been fairly representative of a +considerable part of Southern opinion. In the convention that met at New +Orleans in 1855, McGimsey of Louisiana introduced a resolution +instructing the Southern Congressmen to secure the repeal of the +slave-trade laws. This resolution went to the Committee on Resolutions, +and was not reported.[4] In 1856, in the convention at Savannah, W.B. +Goulden of Georgia moved that the members of Congress be requested to +bestir themselves energetically to have repealed all laws which forbade +the slave-trade. By a vote of 67 to 18 the convention refused to debate +the motion, but appointed a committee to present at the next convention +the facts relating to a reopening of the trade.[5] In regard to this +action a pamphlet of the day said: "There were introduced into the +convention two leading measures, viz.: the laying of a State tariff on +northern goods, and the reopening of the slave-trade; the one to advance +our commercial interest, the other our agricultural interest, and which, +when taken together, as they were doubtless intended to be, and although +they have each been attacked by presses of doubtful service to the +South, are characterized in the private judgment of politicians as one +of the completest southern remedies ever submitted to popular action.... +The proposition to revive, or more properly to reopen, the slave trade +is as yet but imperfectly understood, in its intentions and probable +results, by the people of the South, and but little appreciated by them. +It has been received in all parts of the country with an undefined sort +of repugnance, a sort of squeamishness, which is incident to all such +violations of moral prejudices, and invariably wears off on familiarity +with the subject. The South will commence by enduring, and end by +embracing the project."[6] The matter being now fully before the public +through these motions, Governor Adams's message, and newspaper and +pamphlet discussion, the radical party pushed the project with all +energy. + + +82. ~Commercial Conventions of 1857-58.~ The first piece of regular +business that came before the Commercial Convention at Knoxville, +Tennessee, August 10, 1857, was a proposal to recommend the abrogation +of the 8th Article of the Treaty of Washington, on the slave-trade. An +amendment offered by Sneed of Tennessee, declaring it inexpedient and +against settled policy to reopen the trade, was voted down, Alabama, +Arkansas, Florida, Louisiana, Mississippi, South Carolina, and Virginia +refusing to agree to it. The original motion then passed; and the +radicals, satisfied with their success in the first skirmish, again +secured the appointment of a committee to report at the next meeting on +the subject of reopening the slave-trade.[7] This next meeting assembled +May 10, 1858, in a Gulf State, Alabama, in the city of Montgomery. +Spratt of South Carolina, the slave-trade champion, presented an +elaborate majority report from the committee, and recommended the +following resolutions:-- + + 1. _Resolved_, That slavery is right, and that being right, + there can be no wrong in the natural means to its formation. + + 2. _Resolved_, That it is expedient and proper that the foreign + slave trade should be re-opened, and that this Convention will + lend its influence to any legitimate measure to that end. + + 3. _Resolved_, That a committee, consisting of one from each + slave State, be appointed to consider of the means, consistent + with the duty and obligations of these States, for re-opening + the foreign slave-trade, and that they report their plan to the + next meeting of this Convention. + +Yancey, from the same committee, presented a minority report, which, +though it demanded the repeal of the national prohibitory laws, did not +advocate the reopening of the trade by the States. + +Much debate ensued. Pryor of Virginia declared the majority report "a +proposition to dissolve the Union." Yancey declared that "he was for +disunion now. [Applause.]" He defended the principle of the slave-trade, +and said: "If it is right to buy slaves in Virginia and carry them to +New Orleans, why is it not right to buy them in Cuba, Brazil, or Africa, +and carry them there?" The opposing speeches made little attempt to meet +this uncomfortable logic; but, nevertheless, opposition enough was +developed to lay the report on the table until the next convention, with +orders that it be printed, in the mean time, as a radical campaign +document. Finally the convention passed a resolution:-- + + That it is inexpedient for any State, or its citizens, to + attempt to re-open the African slave-trade while that State is + one of the United States of America.[8] + + +83. ~Commercial Convention of 1859.~ The Convention of 1859 met at +Vicksburg, Mississippi, May 9-19, and the slave-trade party came ready +for a fray. On the second day Spratt called up his resolutions, and the +next day the Committee on Resolutions recommended that, _"in the opinion +of this Convention, all laws, State or Federal, prohibiting the African +slave trade, ought to be repealed."_ Two minority reports accompanied +this resolution: one proposed to postpone action, on account of the +futility of the attempt at that time; the other report recommended that, +since repeal of the national laws was improbable, nullification by the +States impracticable, and action by the Supreme Court unlikely, +therefore the States should bring in the Africans as apprentices, a +system the legality of which "is incontrovertible." "The only difficult +question," it was said, "is the future status of the apprentices after +the expiration of their term of servitude."[9] Debate on these +propositions began in the afternoon. A brilliant speech on the +resumption of the importation of slaves, says Foote of Mississippi, "was +listened to with breathless attention and applauded vociferously. Those +of us who rose in opposition were looked upon by the excited assemblage +present as _traitors_ to the best interests of the South, and only +worthy of expulsion from the body. The excitement at last grew so high +that personal violence was menaced, and some dozen of the more +conservative members of the convention withdrew from the hall in which +it was holding its sittings."[10] "It was clear," adds De Bow, "that the +people of Vicksburg looked upon it [i.e., the convention] with some +distrust."[11] When at last a ballot was taken, the first resolution +passed by a vote of 40 to 19.[12] Finally, the 8th Article of the Treaty +of Washington was again condemned; and it was also suggested, in the +newspaper which was the official organ of the meeting, that "the +Convention raise a fund to be dispensed in premiums for the best +sermons in favor of reopening the African Slave Trade."[13] + + +84. ~Public Opinion in the South.~ This record of the Commercial +Conventions probably gives a true reflection of the development of +extreme opinion on the question of reopening the slave-trade. First, it +is noticeable that on this point there was a distinct divergence of +opinion and interest between the Gulf and the Border States, and it was +this more than any moral repugnance that checked the radicals. The whole +movement represented the economic revolt of the slave-consuming +cotton-belt against their base of labor supply. This revolt was only +prevented from gaining its ultimate end by the fact that the Gulf States +could not get on without the active political co-operation of the Border +States. Thus, although such hot-heads as Spratt were not able, even as +late as 1859, to carry a substantial majority of the South with them in +an attempt to reopen the trade at all hazards, yet the agitation did +succeed in sweeping away nearly all theoretical opposition to the trade, +and left the majority of Southern people in an attitude which regarded +the reopening of the African slave-trade as merely a question of +expediency. + +This growth of Southern opinion is clearly to be followed in the +newspapers and pamphlets of the day, in Congress, and in many +significant movements. The Charleston _Standard_ in a series of articles +strongly advocated the reopening of the trade; the Richmond _Examiner_, +though opposing the scheme as a Virginia paper should, was brought to +"acknowledge that the laws which condemn the Slave-trade imply an +aspersion upon the character of the South.[14] In March, 1859, the +_National Era_ said: "There can be no doubt that the idea of reviving +the African Slave Trade is gaining ground in the South. Some two months +ago we could quote strong articles from ultra Southern journals against +the traffic; but of late we have been sorry to observe in the same +journals an ominous silence upon the subject, while the advocates of +'free trade in negroes' are earnest and active."[15] The Savannah +_Republican_, which at first declared the movement to be of no serious +intent, conceded, in 1859, that it was gaining favor, and that +nine-tenths of the Democratic Congressional Convention favored it, and +that even those who did not advocate a revival demanded the abolition of +the laws.[16] A correspondent from South Carolina writes, December 18, +1859: "The nefarious project of opening it [i.e., the slave trade] has +been started here in that prurient temper of the times which manifests +itself in disunion schemes.... My State is strangely and terribly +infected with all this sort of thing.... One feeling that gives a +countenance to the opening of the slave trade is, that it will be a sort +of spite to the North and defiance of their opinions."[17] The New +Orleans _Delta_ declared that those who voted for the slave-trade in +Congress were men "whose names will be honored hereafter for the +unflinching manner in which they stood up for principle, for truth, and +consistency, as well as the vital interests of the South."[18] + +85. ~The Question in Congress.~ Early in December, 1856, the subject +reached Congress; and although the agitation was then new, fifty-seven +Southern Congressmen refused to declare a re-opening of the slave-trade +"shocking to the moral sentiment of the enlightened portion of mankind," +and eight refused to call the reopening even "unwise" and +"inexpedient."[19] Three years later, January 31, 1859, it was +impossible, in a House of one hundred and ninety-nine members, to get a +two-thirds vote in order even to consider Kilgore's resolutions, which +declared "that no legislation can be too thorough in its measures, nor +can any penalty known to the catalogue of modern punishment for crime be +too severe against a traffic so inhuman and unchristian."[20] + +Congressmen and other prominent men hastened with the rising tide.[21] +Dowdell of Alabama declared the repressive acts "highly offensive;" J.B. +Clay of Kentucky was "opposed to all these laws;"[22] Seward of Georgia +declared them "wrong, and a violation of the Constitution;"[23] +Barksdale of Mississippi agreed with this sentiment; Crawford of Georgia +threatened a reopening of the trade; Miles of South Carolina was for +"sweeping away" all restrictions;[24] Keitt of South Carolina wished to +withdraw the African squadron, and to cease to brand slave-trading as +piracy;[25] Brown of Mississippi "would repeal the law instantly;"[26] +Alexander Stephens, in his farewell address to his constituents, said: +"Slave states cannot be made without Africans.... [My object is] to +bring clearly to your mind the great truth that without an increase of +African slaves from abroad, you may not expect or look for many more +slave States."[27] Jefferson Davis strongly denied "any coincidence of +opinion with those who prate of the inhumanity and sinfulness of the +trade. The interest of Mississippi," said he, "not of the African, +dictates my conclusion." He opposed the immediate reopening of the trade +in Mississippi for fear of a paralyzing influx of Negroes, but carefully +added: "This conclusion, in relation to Mississippi, is based upon my +view of her _present_ condition, _not_ upon any _general theory_. It is +not supposed to be applicable to Texas, to New Mexico, or to any _future +acquisitions_ to be made south of the Rio Grande."[28] John Forsyth, who +for seven years conducted the slave-trade diplomacy of the nation, +declared, about 1860: "But one stronghold of its [i.e., slavery's] +enemies remains to be carried, to _complete its triumph_ and assure its +welfare,--that is the existing prohibition of the African +Slave-trade."[29] Pollard, in his _Black Diamonds_, urged the +importation of Africans as "laborers." "This I grant you," said he, +"would be practically the re-opening of the African slave trade; but ... +you will find that it very often becomes necessary to evade the letter +of the law, in some of the greatest measures of social happiness and +patriotism."[30] + + +86. ~Southern Policy in 1860.~ The matter did not rest with mere words. +During the session of the Vicksburg Convention, an "African Labor Supply +Association" was formed, under the presidency of J.D.B. De Bow, editor +of _De Bow's Review_, and ex-superintendent of the seventh census. The +object of the association was "to promote the supply of African +labor."[31] In 1857 the committee of the South Carolina legislature to +whom the Governor's slave-trade message was referred made an elaborate +report, which declared in italics: _"The South at large does need a +re-opening of the African slave trade."_ Pettigrew, the only member who +disagreed to this report, failed of re-election. The report contained an +extensive argument to prove the kingship of cotton, the perfidy of +English philanthropy, and the lack of slaves in the South, which, it was +said, would show a deficit of six hundred thousand slaves by 1878.[32] +In Georgia, about this time, an attempt to expunge the slave-trade +prohibition in the State Constitution lacked but one vote of +passing.[33] From these slower and more legal movements came others +less justifiable. The long argument on the "apprentice" system finally +brought a request to the collector of the port at Charleston, South +Carolina, from E. Lafitte & Co., for a clearance to Africa for the +purpose of importing African "emigrants." The collector appealed to the +Secretary of the Treasury, Howell Cobb of Georgia, who flatly refused to +take the bait, and replied that if the "emigrants" were brought in as +slaves, it would be contrary to United States law; if as freemen, it +would be contrary to their own State law.[34] In Louisiana a still more +radical movement was attempted, and a bill passed the House of +Representatives authorizing a company to import two thousand five +hundred Africans, "indentured" for fifteen years "at least." The bill +lacked but two votes of passing the Senate.[35] It was said that the +_Georgian_, of Savannah, contained a notice of an agricultural society +which "unanimously resolved to offer a premium of $25 for the best +specimen of a live African imported into the United States within the +last twelve months."[36] + +It would not be true to say that there was in the South in 1860 +substantial unanimity on the subject of reopening the slave-trade; +nevertheless, there certainly was a large and influential minority, +including perhaps a majority of citizens of the Gulf States, who favored +the project, and, in defiance of law and morals, aided and abetted its +actual realization. Various movements, it must be remembered, gained +much of their strength from the fact that their success meant a partial +nullification of the slave-trade laws. The admission of Texas added +probably seventy-five thousand recently imported slaves to the Southern +stock; the movement against Cuba, which culminated in the "Ostend +Manifesto" of Buchanan, Mason, and Soulé, had its chief impetus in the +thousands of slaves whom Americans had poured into the island. Finally, +the series of filibustering expeditions against Cuba, Mexico, and +Central America were but the wilder and more irresponsible attempts to +secure both slave territory and slaves. + + +87. ~Increase of the Slave-Trade from 1850 to 1860.~ The long and open +agitation for the reopening of the slave-trade, together with the fact +that the South had been more or less familiar with violations of the +laws since 1808, led to such a remarkable increase of illicit traffic +and actual importations in the decade 1850-1860, that the movement may +almost be termed a reopening of the slave-trade. + +In the foreign slave-trade our own officers continue to report "how +shamefully our flag has been used;"[37] and British officers write "that +at least one half of the successful part of the slave trade is carried +on under the American flag," and this because "the number of American +cruisers on the station is so small, in proportion to the immense extent +of the slave-dealing coast."[38] The fitting out of slavers became a +flourishing business in the United States, and centred at New York City. +"Few of our readers," writes a periodical of the day, "are aware of the +extent to which this infernal traffic is carried on, by vessels clearing +from New York, and in close alliance with our legitimate trade; and that +down-town merchants of wealth and respectability are extensively engaged +in buying and selling African Negroes, and have been, with comparatively +little interruption, for an indefinite number of years."[39] Another +periodical says: "The number of persons engaged in the slave-trade, and +the amount of capital embarked in it, exceed our powers of calculation. +The city of New York has been until of late [1862] the principal port of +the world for this infamous commerce; although the cities of Portland +and Boston are only second to her in that distinction. Slave dealers +added largely to the wealth of our commercial metropolis; they +contributed liberally to the treasuries of political organizations, and +their bank accounts were largely depleted to carry elections in New +Jersey, Pennsylvania, and Connecticut."[40] During eighteen months of +the years 1859-1860 eighty-five slavers are reported to have been +fitted out in New York harbor,[41] and these alone transported from +30,000 to 60,000 slaves annually.[42] The United States deputy marshal +of that district declared in 1856 that the business of fitting out +slavers "was never prosecuted with greater energy than at present. The +occasional interposition of the legal authorities exercises no apparent +influence for its suppression. It is seldom that one or more vessels +cannot be designated at the wharves, respecting which there is evidence +that she is either in or has been concerned in the Traffic."[43] On the +coast of Africa "it is a well-known fact that most of the Slave ships +which visit the river are sent from New York and New Orleans."[44] + +The absence of United States war-ships at the Brazilian station enabled +American smugglers to run in cargoes, in spite of the prohibitory law. +One cargo of five hundred slaves was landed in 1852, and the _Correio +Mercantil_ regrets "that it was the flag of the United States which +covered this act of piracy, sustained by citizens of that great +nation."[45] When the Brazil trade declined, the illicit Cuban trade +greatly increased, and the British consul reported: "Almost all the +slave expeditions for some time past have been fitted out in the United +States, chiefly at New York."[46] + +88. ~Notorious Infractions of the Laws.~ This decade is especially +noteworthy for the great increase of illegal importations into the +South. These became bold, frequent, and notorious. Systematic +introduction on a considerable scale probably commenced in the forties, +although with great secrecy. "To have boldly ventured into New Orleans, +with negroes freshly imported from Africa, would not only have brought +down upon the head of the importer the vengeance of our very +philanthropic Uncle Sam, but also the anathemas of the whole sect of +philanthropists and negrophilists everywhere. To import them for years, +however, into quiet places, evading with impunity the penalty of the +law, and the ranting of the thin-skinned sympathizers with Africa, was +gradually to popularize the traffic by creating a demand for laborers, +and thus to pave the way for the _gradual revival of the slave trade_. +To this end, a few men, bold and energetic, determined, ten or twelve +years ago [1848 or 1850], to commence the business of importing negroes, +slowly at first, but surely; and for this purpose they selected a few +secluded places on the coast of Florida, Georgia and Texas, for the +purpose of concealing their stock until it could be sold out. Without +specifying other places, let me draw your attention to a deep and abrupt +pocket or indentation in the coast of Texas, about thirty miles from +Brazos Santiago. Into this pocket a slaver could run at any hour of the +night, because there was no hindrance at the entrance, and here she +could discharge her cargo of movables upon the projecting bluff, and +again proceed to sea inside of three hours. The live stock thus landed +could be marched a short distance across the main island, over a porous +soil which refuses to retain the recent foot-prints, until they were +again placed in boats, and were concealed upon some of the innumerable +little islands which thicken on the waters of the Laguna in the rear. +These islands, being covered with a thick growth of bushes and grass, +offer an inscrutable hiding place for the 'black diamonds.'"[47] These +methods became, however, toward 1860, too slow for the radicals, and the +trade grew more defiant and open. The yacht "Wanderer," arrested on +suspicion in New York and released, landed in Georgia six months later +four hundred and twenty slaves, who were never recovered.[48] The +Augusta _Despatch_ says: "Citizens of our city are probably interested +in the enterprise. It is hinted that this is the third cargo landed by +the same company, during the last six months."[49] Two parties of +Africans were brought into Mobile with impunity. One bark, strongly +suspected of having landed a cargo of slaves, was seized on the Florida +coast; another vessel was reported to be landing slaves near Mobile; a +letter from Jacksonville, Florida, stated that a bark had left there for +Africa to ship a cargo for Florida and Georgia.[50] Stephen A. Douglas +said "that there was not the shadow of doubt that the Slave-trade had +been carried on quite extensively for a long time back, and that there +had been more Slaves imported into the southern States, during the last +year, than had ever been imported before in any one year, even when the +Slave-trade was legal. It was his confident belief, that over fifteen +thousand Slaves had been brought into this country during the past year +[1859.] He had seen, with his own eyes, three hundred of those +recently-imported, miserable beings, in a Slave-pen in Vicksburg, Miss., +and also large numbers at Memphis, Tenn."[51] It was currently reported +that depots for these slaves existed in over twenty large cities and +towns in the South, and an interested person boasted to a senator, about +1860, that "twelve vessels would discharge their living freight upon our +shores within ninety days from the 1st of June last," and that between +sixty and seventy cargoes had been successfully introduced in the last +eighteen months.[52] The New York _Tribune_ doubted the statement; but +John C. Underwood, formerly of Virginia, wrote to the paper saying that +he was satisfied that the correspondent was correct. "I have," he said, +"had ample evidences of the fact, that reopening the African Slave-trade +is a thing already accomplished, and the traffic is brisk, and rapidly +increasing. In fact, the most vital question of the day is not the +opening of this trade, but its suppression. The arrival of cargoes of +negroes, fresh from Africa, in our southern ports, is an event of +frequent occurrence."[53] + +Negroes, newly landed, were openly advertised for sale in the public +press, and bids for additional importations made. In reply to one of +these, the Mobile _Mercury_ facetiously remarks: "Some negroes who never +learned to talk English, went up the railroad the other day."[54] +Congressmen declared on the floor of the House: "The slave trade may +therefore be regarded as practically re-established;"[55] and petitions +like that from the American Missionary Society recited the fact that +"this piratical and illegal trade--this inhuman invasion of the rights +of men,--this outrage on civilization and Christianity--this violation +of the laws of God and man--is openly countenanced and encouraged by a +portion of the citizens of some of the States of this Union."[56] + +From such evidence it seems clear that the slave-trade laws, in spite of +the efforts of the government, in spite even of much opposition to these +extra-legal methods in the South itself, were grossly violated, if not +nearly nullified, in the latter part of the decade 1850-1860. + + +89. ~Apathy of the Federal Government.~ During the decade there was some +attempt at reactionary legislation, chiefly directed at the Treaty of +Washington. June 13, 1854, Slidell, from the Committee on Foreign +Relations, made an elaborate report to the Senate, advocating the +abrogation of the 8th Article of that treaty, on the ground that it was +costly, fatal to the health of the sailors, and useless, as the trade +had actually increased under its operation.[57] Both this and a similar +attempt in the House failed,[58] as did also an attempt to substitute +life imprisonment for the death penalty.[59] Most of the actual +legislation naturally took the form of appropriations. In 1853 there was +an attempt to appropriate $20,000.[60] This failed, and the +appropriation of $8,000 in 1856 was the first for ten years.[61] The +following year brought a similar appropriation,[62] and in 1859[63] and +1860[64] $75,000 and $40,000 respectively were appropriated. Of +attempted legislation to strengthen the laws there was plenty: e.g., +propositions to regulate the issue of sea-letters and the use of our +flag;[65] to prevent the "coolie" trade, or the bringing in of +"apprentices" or "African laborers;"[66] to stop the coastwise +trade;[67] to assent to a Right of Search;[68] and to amend the +Constitution by forever prohibiting the slave-trade.[69] + +The efforts of the executive during this period were criminally lax and +negligent. "The General Government did not exert itself in good faith to +carry out either its treaty stipulations or the legislation of Congress +in regard to the matter. If a vessel was captured, her owners were +permitted to bond her, and thus continue her in the trade; and if any +man was convicted of this form of piracy, the executive always +interposed between him and the penalty of his crime. The laws providing +for the seizure of vessels engaged in the traffic were so constructed as +to render the duty unremunerative; and marshals now find their fees for +such services to be actually less than their necessary expenses. No one +who bears this fact in mind will be surprised at the great indifference +of these officers to the continuing of the slave-trade; in fact, he will +be ready to learn that the laws of Congress upon the subject had become +a dead letter, and that the suspicion was well grounded that certain +officers of the Federal Government had actually connived at their +violation."[70] From 1845 to 1854, in spite of the well-known activity +of the trade, but five cases obtained cognizance in the New York +district. Of these, Captains Mansfield and Driscoll forfeited their +bonds of $5,000 each, and escaped; in the case of the notorious Canot, +nothing had been done as late as 1856, although he was arrested in 1847; +Captain Jefferson turned State's evidence, and, in the case of Captain +Mathew, a _nolle prosequi_ was entered.[71] Between 1854 and 1856 +thirty-two persons were indicted in New York, of whom only thirteen had +at the latter date been tried, and only one of these convicted.[72] +These dismissals were seldom on account of insufficient evidence. In the +notorious case of the "Wanderer," she was arrested on suspicion, +released, and soon after she landed a cargo of slaves in Georgia; some +who attempted to seize the Negroes were arrested for larceny, and in +spite of the efforts of Congress the captain was never punished. The +yacht was afterwards started on another voyage, and being brought back +to Boston was sold to her former owner for about one third her +value.[73] The bark "Emily" was seized on suspicion and released, and +finally caught red-handed on the coast of Africa; she was sent to New +York for trial, but "disappeared" under a certain slave captain, +Townsend, who had, previous to this, in the face of the most convincing +evidence, been acquitted at Key West.[74] + +The squadron commanders of this time were by no means as efficient as +their predecessors, and spent much of their time, apparently, in +discussing the Right of Search. Instead of a number of small light +vessels, which by the reports of experts were repeatedly shown to be the +only efficient craft, the government, until 1859, persisted in sending +out three or four great frigates. Even these did not attend faithfully +to their duties. A letter from on board one of them shows that, out of a +fifteen months' alleged service, only twenty-two days were spent on the +usual cruising-ground for slavers, and thirteen of these at anchor; +eleven months were spent at Madeira and Cape Verde Islands, 300 miles +from the coast and 3,000 miles from the slave market.[75] British +commanders report the apathy of American officers and the extreme +caution of their instructions, which allowed many slavers to escape.[76] + +The officials at Washington often remained in blissful, and perhaps +willing, ignorance of the state of the trade. While Americans were +smuggling slaves by the thousands into Brazil, and by the hundreds into +the United States, Secretary Graham was recommending the abrogation of +the 8th Article of the Treaty of Washington;[77] so, too, when the Cuban +slave-trade was reaching unprecedented activity, and while slavers were +being fitted out in every port on the Atlantic seaboard, Secretary +Kennedy naïvely reports, "The time has come, perhaps, when it may be +properly commended to the notice of Congress to inquire into the +necessity of further continuing the regular employment of a squadron on +this [i.e., the African] coast."[78] Again, in 1855, the government has +"advices that the slave trade south of the equator is entirely broken +up;"[79] in 1856, the reports are "favorable;"[80] in 1857 a British +commander writes: "No vessel has been seen here for one year, certainly; +I think for nearly three years there have been no American cruizers on +these waters, where a valuable and extensive American commerce is +carried on. I cannot, therefore, but think that this continued absence +of foreign cruizers looks as if they were intentionally withdrawn, and +as if the Government did not care to take measures to prevent the +American flag being used to cover Slave Trade transactions;"[81] +nevertheless, in this same year, according to Secretary Toucey, "the +force on the coast of Africa has fully accomplished its main +object."[82] Finally, in the same month in which the "Wanderer" and her +mates were openly landing cargoes in the South, President Buchanan, who +seems to have been utterly devoid of a sense of humor, was urging the +annexation of Cuba to the United States as the only method of +suppressing the slave-trade![83] + +About 1859 the frequent and notorious violations of our laws aroused +even the Buchanan government; a larger appropriation was obtained, swift +light steamers were employed, and, though we may well doubt whether +after such a carnival illegal importations "entirely" ceased, as the +President informed Congress,[84] yet some sincere efforts at suppression +were certainly begun. From 1850 to 1859 we have few notices of captured +slavers, but in 1860 the increased appropriation of the thirty-fifth +Congress resulted in the capture of twelve vessels with 3,119 +Africans.[85] The Act of June 16, 1860, enabled the President to +contract with the Colonization Society for the return of recaptured +Africans; and by a long-needed arrangement cruisers were to proceed +direct to Africa with such cargoes, instead of first landing them in +this country.[86] + + +90. ~Attitude of the Southern Confederacy.~ The attempt, initiated by +the constitutional fathers, to separate the problem of slavery from that +of the slave-trade had, after a trial of half a century, signally +failed, and for well-defined economic reasons. The nation had at last +come to the parting of the ways, one of which led to a free-labor +system, the other to a slave system fed by the slave-trade. Both +sections of the country naturally hesitated at the cross-roads: the +North clung to the delusion that a territorially limited system of +slavery, without a slave-trade, was still possible in the South; the +South hesitated to fight for her logical object--slavery and free trade +in Negroes--and, in her moral and economic dilemma, sought to make +autonomy and the Constitution her object. The real line of contention +was, however, fixed by years of development, and was unalterable by the +present whims or wishes of the contestants, no matter how important or +interesting these might be: the triumph of the North meant free labor; +the triumph of the South meant slavery and the slave-trade. + +It is doubtful if many of the Southern leaders ever deceived themselves +by thinking that Southern slavery, as it then was, could long be +maintained without a general or a partial reopening of the slave-trade. +Many had openly declared this a few years before, and there was no +reason for a change of opinion. Nevertheless, at the outbreak of actual +war and secession, there were powerful and decisive reasons for +relegating the question temporarily to the rear. In the first place, +only by this means could the adherence of important Border States be +secured, without the aid of which secession was folly. Secondly, while +it did no harm to laud the independence of the South and the kingship of +cotton in "stump" speeches and conventions, yet, when it came to actual +hostilities, the South sorely needed the aid of Europe; and this a +nation fighting for slavery and the slave-trade stood poor chance of +getting. Consequently, after attacking the slave-trade laws for a +decade, and their execution for a quarter-century, we find the Southern +leaders inserting, in both the provisional and the permanent +Constitutions of the Confederate States, the following article:-- + + The importation of negroes of the African race, from any foreign + country other than the slaveholding States or Territories of the + United States of America, is hereby forbidden; and Congress is + required to pass such laws as shall effectually prevent the + same. + + Congress shall also have power to prohibit the introduction of + slaves from any State not a member of, or Territory not + belonging to, this Confederacy.[87] + +The attitude of the Confederate government toward this article is best +illustrated by its circular of instructions to its foreign ministers:-- + + It has been suggested to this Government, from a source of + unquestioned authenticity, that, after the recognition of our + independence by the European Powers, an expectation is generally + entertained by them that in our treaties of amity and commerce a + clause will be introduced making stipulations against the + African slave trade. It is even thought that neutral Powers may + be inclined to insist upon the insertion of such a clause as a + _sine qua non_. + + You are well aware how firmly fixed in our Constitution is the + policy of this Confederacy against the opening of that trade, + but we are informed that false and insidious suggestions have + been made by the agents of the United States at European Courts + of our intention to change our constitution as soon as peace is + restored, and of authorizing the importation of slaves from + Africa. If, therefore, you should find, in your intercourse with + the Cabinet to which you are accredited, that any such + impressions are entertained, you will use every proper effort to + remove them, and if an attempt is made to introduce into any + treaty which you may be charged with negotiating stipulations on + the subject just mentioned, you will assume, in behalf of your + Government, the position which, under the direction of the + President, I now proceed to develop. + + The Constitution of the Confederate States is an agreement made + between independent States. By its terms all the powers of + Government are separated into classes as follows, viz.:-- + + 1st. Such powers as the States delegate to the General + Government. + + 2d. Such powers as the States agree to refrain from exercising, + although they do not delegate them to the General Government. + + 3d. Such powers as the States, without delegating them to the + General Government, thought proper to exercise by direct + agreement between themselves contained in the Constitution. + + 4th. All remaining powers of sovereignty, which not being + delegated to the Confederate States by the Constitution nor + prohibited by it to the States, are reserved to the States + respectively, or to the people thereof.... Especially in + relation to the importation of African negroes was it deemed + important by the States that no power to permit it should exist + in the Confederate Government.... It will thus be seen that no + power is delegated to the Confederate Government over this + subject, but that it is included in the third class above + referred to, of powers exercised directly by the States.... This + Government unequivocally and absolutely denies its possession of + any power whatever over the subject, and cannot entertain any + proposition in relation to it.... The policy of the Confederacy + is as fixed and immutable on this subject as the imperfection of + human nature permits human resolve to be. No additional + agreements, treaties, or stipulations can commit these States to + the prohibition of the African slave trade with more binding + efficacy than those they have themselves devised. A just and + generous confidence in their good faith on this subject + exhibited by friendly Powers will be far more efficacious than + persistent efforts to induce this Government to assume the + exercise of powers which it does not possess.... We trust, + therefore, that no unnecessary discussions on this matter will + be introduced into your negotiations. If, unfortunately, this + reliance should prove ill-founded, you will decline continuing + negotiations on your side, and transfer them to us at + home....[88] + +This attitude of the conservative leaders of the South, if it meant +anything, meant that individual State action could, when it pleased, +reopen the slave-trade. The radicals were, of course, not satisfied with +any veiling of the ulterior purpose of the new slave republic, and +attacked the constitutional provision violently. "If," said one, "the +clause be carried into the permanent government, our whole movement is +defeated. It will abolitionize the Border Slave States--it will brand +our institution. Slavery cannot share a government with Democracy,--it +cannot bear a brand upon it; thence another revolution ... having +achieved one revolution to escape democracy at the North, it must still +achieve another to escape it at the South. That it will ultimately +triumph none can doubt."[89] + +91. ~Attitude of the United States.~ In the North, with all the +hesitation in many matters, there existed unanimity in regard to the +slave-trade; and the new Lincoln government ushered in the new policy of +uncompromising suppression by hanging the first American slave-trader +who ever suffered the extreme penalty of the law.[90] One of the +earliest acts of President Lincoln was a step which had been necessary +since 1808, but had never been taken, viz., the unification of the whole +work of suppression into the hands of one responsible department. By an +order, dated May 2, 1861, Caleb B. Smith, Secretary of the Interior, was +charged with the execution of the slave-trade laws,[91] and he +immediately began energetic work. Early in 1861, as soon as the +withdrawal of the Southern members untied the hands of Congress, two +appropriations of $900,000 each were made to suppress the slave trade, +the first appropriations commensurate with the vastness of the task. +These were followed by four appropriations of $17,000 each in the years +1863 to 1867, and two of $12,500 each in 1868 and 1869.[92] The first +work of the new secretary was to obtain a corps of efficient assistants. +To this end, he assembled all the marshals of the loyal seaboard States +at New York, and gave them instruction and opportunity to inspect +actual slavers. Congress also, for the first time, offered them proper +compensation.[93] The next six months showed the effect of this policy +in the fact that five vessels were seized and condemned, and four +slave-traders were convicted and suffered the penalty of their crimes. +"This is probably the largest number [of convictions] ever obtained, and +certainly the only ones for many years."[94] + +Meantime the government opened negotiations with Great Britain, and the +treaty of 1862 was signed June 7, and carried out by Act of Congress, +July 11.[95] Specially commissioned war vessels of either government +were by this agreement authorized to search merchant vessels on the high +seas and specified coasts, and if they were found to be slavers, or, on +account of their construction or equipment, were suspected to be such, +they were to be sent for condemnation to one of the mixed courts +established at New York, Sierra Leone, and the Cape of Good Hope. These +courts, consisting of one judge and one arbitrator on the part of each +government, were to judge the facts without appeal, and upon +condemnation by them, the culprits were to be punished according to the +laws of their respective countries. The area in which this Right of +Search could be exercised was somewhat enlarged by an additional article +to the treaty, signed in 1863. In 1870 the mixed courts were abolished, +but the main part of the treaty was left in force. The Act of July 17, +1862, enabled the President to contract with foreign governments for the +apprenticing of recaptured Africans in the West Indies,[96] and in 1864 +the coastwise slave-trade was forever prohibited.[97] By these measures +the trade was soon checked, and before the end of the war entirely +suppressed.[98] The vigilance of the government, however, was not +checked, and as late as 1866 a squadron of ten ships, with one hundred +and thirteen guns, patrolled the slave coast.[99] Finally, the +Thirteenth Amendment legally confirmed what the war had already +accomplished, and slavery and the slave-trade fell at one blow.[100] + + +FOOTNOTES: + + [1] _British and Foreign State Papers_, 1854-5, p. 1156. + + [2] Cluskey, _Political Text-Book_ (14th ed.), p. 585. + + [3] _De Bow's Review_, XXII. 223; quoted from Andrew Hunter of + Virginia. + + [4] _Ibid._, XVIII. 628. + + [5] _Ibid._, XXII. 91, 102, 217, 221-2. + + [6] From a pamphlet entitled "A New Southern Policy, or the + Slave Trade as meaning Union and Conservatism;" quoted in + Etheridge's speech, Feb. 21, 1857: _Congressional Globe_, 34 + Cong. 3 sess., Appendix, p. 366. + + [7] _De Bow's Review_, XXIII. 298-320. A motion to table the + motion on the 8th article was supported only by Kentucky, + Tennessee, North Carolina, and Maryland. Those voting for + Sneed's motion were Georgia, Maryland, North Carolina, and + Tennessee. The appointment of a slave-trade committee was at + first defeated by a vote of 48 to 44. Finally a similar motion + was passed, 52 to 40. + + [8] _De Bow's Review_, XXIV. 473-491, 579-605. The Louisiana + delegation alone did not vote for the last resolution, the + vote of her delegation being evenly divided. + + [9] _De Bow's Review_, XXVII. 94-235. + + [10] H.S. Foote, in _Bench and Bar of the South and + Southwest_, p. 69. + + [11] _De Bow's Review_, XXVII. 115. + + [12] _Ibid._, p. 99. The vote was:-- + + _Yea._ _Nay._ + Alabama, 5 votes. Tennessee, 12 votes. + Arkansas, 4 " Florida, 3 " + South Carolina, 4 " South Carolina, 4 " + Louisiana, 6 " Total 19 + Texas, 4 " + Georgia, 10 " Virginia, Maryland, Kentucky, and + Mississippi, 7 " North Carolina did not vote; they either + Total 40 withdrew or were not represented. + + + + [13] Quoted in _26th Report of the Amer. Anti-slav. Soc._, p. + 38. The official organ was the _True Southron_. + + [14] Quoted in _24th Report of the Amer. Anti-slav. Soc._, p. + 54. + + [15] Quoted in _26th Report_, _Ibid._, p. 43. + + [16] _27th Report_, _Ibid._, pp. 19-20. + + [17] Letter of W.C. Preston, in the _National Intelligencer_, + April 3, 1863. Also published in the pamphlet, _The African + Slave Trade: The Secret Purpose_, etc., p. 26. + + [18] Quoted in Etheridge's speech: _Congressional Globe_, 34 + Cong. 3 sess. Appen., p. 366. + + [19] _House Journal_, 34 Cong. 3 sess. pp. 105-10; + _Congressional Globe_, 34 Cong. 3 sess. pp. 123-6; Cluskey, + _Political Text-Book_ (14th ed.), p. 589. + + [20] _House Journal_, 35 Cong. 2 sess. pp. 298-9. Cf. _26th + Report of the Amer. Anti-slav. Soc._, p. 45. + + [21] Cf. _Reports of the Amer. Anti-slav. Soc._, especially + the 26th, pp. 43-4. + + [22] _Ibid._, p. 43. He referred especially to the Treaty of + 1842. + + [23] _Ibid._; _Congressional Globe_, 35 Cong. 2 sess., Appen., + pp. 248-50. + + [24] _26th Report of the Amer. Anti-slav. Soc._, p. 44. + + [25] _Ibid._; _27th Report_, pp. 13-4. + + [26] _26th Report_, _Ibid._, p. 44. + + [27] Quoted in Lalor, _Cyclopædia_, III. 733; Cairnes, _The + Slave Power_ (New York, 1862), p. 123, note; _27th Report of + the Amer. Anti-slav. Soc._, p. 15. + + [28] Quoted in Cairnes, _The Slave Power_, p. 123, note; _27th + Report of the Amer. Anti-slav. Soc._, p. 19. + + [29] _27th Report_, _Ibid._, p. 16; quoted from the Mobile + _Register_. + + [30] Edition of 1859, pp. 63-4. + + [31] _De Bow's Review_, XXVII. 121, 231-5. + + [32] _Report of the Special Committee_, etc. (1857), pp. 24-5. + + [33] _26th Report of the Amer. Anti-slav. Soc._, p. 40. The + vote was 47 to 46. + + [34] _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7, pp. + 632-6. For the State law, cf. above, Chapter II. This refusal + of Cobb's was sharply criticised by many Southern papers. Cf. + _26th Report of the Amer. Anti-slav. Soc._, p. 39. + + [35] New York _Independent_, March 11 and April 1, 1858. + + [36] _26th Report of the Amer. Anti-slav. Soc._, p. 41. + + [37] Gregory to the Secretary of the Navy, June 8, 1850: + _Senate Exec. Doc._, 31 Cong. 1 sess. XIV. No. 66, p. 2. Cf. + _Ibid._, 31 Cong. 2 sess. II. No. 6. + + [38] Cumming to Commodore Fanshawe, Feb. 22, 1850: _Senate + Exec. Doc._, 31 Cong. 1 sess. XIV. No. 66, p. 8. + + [39] New York _Journal of Commerce_, 1857; quoted in _24th + Report of the Amer. Anti-slav. Soc._, p. 56. + + [40] "The Slave-Trade in New York," in the _Continental + Monthly_, January, 1862, p. 87. + + [41] New York _Evening Post_; quoted in Lalor, _Cyclopædia_, + III. 733. + + [42] Lalor, _Cyclopædia_, III. 733; quoted from a New York + paper. + + [43] _Friends' Appeal on behalf of the Coloured Races_ (1858), + Appendix, p. 41; quoted from the _Journal of Commerce_. + + [44] _26th Report of the Amer. Anti-slav. Soc._, pp. 53-4; + quoted from the African correspondent of the Boston _Journal_. + From April, 1857, to May, 1858, twenty-one of twenty-two + slavers which were seized by British cruisers proved to be + American, from New York, Boston, and New Orleans. Cf. _25th + Report_, _Ibid._, p. 122. De Bow estimated in 1856 that forty + slavers cleared annually from Eastern harbors, clearing yearly + $17,000,000: _De Bow's Review_, XXII. 430-1. + + [45] _Senate Exec. Doc._, 33 Cong. 1 sess. VIII. No. 47, p. + 13. + + [46] _House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105, p. 38. + + [47] New York _Herald_, Aug. 5, 1860; quoted in Drake, + _Revelations of a Slave Smuggler_, Introd., pp. vii.-viii. + + [48] _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 89. Cf. + _26th Report of the Amer. Anti-slav. Soc._, pp. 45-9. + + [49] Quoted in _26th Report of the Amer. Anti-slav. Soc._, p. + 46. + + [50] For all the above cases, cf. _Ibid._, p. 49. + + [51] Quoted in _27th Report_, _Ibid._, p. 20. Cf. _Report of + the Secretary of the Navy_, 1859; _Senate Exec. Doc._, 36 + Cong. 1 sess. III. No. 2. + + [52] _27th Report of the Amer. Anti-slav. Soc._, p. 21. + + [53] Quoted in _Ibid._ + + [54] Issue of July 22, 1860; quoted in Drake, _Revelations of + a Slave Smuggler_, Introd., p. vi. The advertisement referred + to was addressed to the "Ship-owners and Masters of our + Mercantile Marine," and appeared in the Enterprise (Miss.) + _Weekly News_, April 14, 1859. William S. Price and seventeen + others state that they will "pay three hundred dollars per + head for one thousand native Africans, between the ages of + fourteen and twenty years, (of sexes equal,) likely, sound, + and healthy, to be delivered within twelve months from this + date, at some point accessible by land, between Pensacola, + Fla., and Galveston, Texas; the contractors giving thirty + days' notice as to time and place of delivery": Quoted in + _26th Report of the Amer. Anti-slav. Soc._, pp. 41-2. + + [55] _Congressional Globe_, 35 Cong. 1 sess. p. 1362. Cf. the + speech of a delegate from Georgia to the Democratic Convention + at Charleston, 1860: "If any of you northern democrats will go + home with me to my plantation, I will show you some darkies + that I bought in Virginia, some in Delaware, some in Florida, + and I will also show you the pure African, the noblest Roman + of them all. I represent the African slave trade interest of + my section:" Lalor, _Cyclopædia_, III. 733. + + [56] _Senate Misc. Doc._, 36 Cong. 1 sess. No. 8. + + [57] _Senate Journal_, 34 Cong. 1-2 sess. pp. 396, 695-8; + _Senate Reports_, 34 Cong. 1 sess. I. No. 195. + + [58] _House Journal_, 31 Cong. 2 sess. p. 64. There was still + another attempt by Sandidge. Cf. _26th Report of the Amer. + Anti-Slav. Soc._, p. 44. + + [59] _Senate Journal_, 36 Cong. 1 sess. p. 274; _Congressional + Globe_, 36 Cong. 1 sess. p. 1245. + + [60] Congressional Globe, 32 Cong. 2 sess. p. 1072. + + [61] I.e., since 1846: _Statutes at Large_, XI. 90. + + [62] _Ibid._, XI. 227. + + [63] _Ibid._, XI. 404. + + [64] _Ibid._, XII. 21. + + [65] E.g., Clay's resolutions: _Congressional Globe_, 31 Cong. + 2 sess. pp. 304-9. Clayton's resolutions: _Senate Journal_, 33 + Cong. 1 sess. p. 404; _House Journal_, 33 Cong. 1 sess. pp. + 1093, 1332-3; _Congressional Globe_, 33 Cong. 1 sess. pp. + 1591-3, 2139. Seward's bill: _Senate Journal_, 33 Cong. 1 + sess. pp. 448, 451. + + [66] Mr. Blair of Missouri asked unanimous consent in + Congress, Dec. 23, 1858, to a resolution instructing the + Judiciary Committee to bring in such a bill; Houston of + Alabama objected: _Congressional Globe_, 35 Cong. 2 sess. p. + 198; _26th Report of the Amer. Anti-slav. Soc._, p. 44. + + [67] This was the object of attack in 1851 and 1853 by + Giddings: _House Journal_, 32 Cong. 1 sess. p. 42; 33 Cong. 1 + sess. p. 147. Cf. _House Journal_, 38 Cong. 1 sess. p. 46. + + [68] By Mr. Wilson, March 20, 1860: _Senate Journal_, 36 Cong. + 1 sess. p. 274. + + [69] Four or five such attempts were made: Dec. 12, 1860, + _House Journal_, 36 Cong. 2 sess. pp. 61-2; Jan. 7, 1861, + _Congressional Globe_, 36 Cong. 2 sess. p. 279; Jan. 23, 1861, + _Ibid._, p. 527; Feb. 1, 1861, _Ibid._, p. 690; Feb. 27, 1861, + _Ibid._, pp. 1243, 1259. + + [70] "The Slave-Trade in New York," in the _Continental + Monthly_, January, 1862, p. 87. + + [71] New York _Herald_, July 14, 1856. + + [72] _Ibid._ Cf. _Senate Exec. Doc._, 37 Cong. 2 sess. V. No. + 53. + + [73] _27th Report of the Amer. Anti-slav. Soc._, pp. 25-6. Cf. + _26th Report_, _Ibid._, pp. 45-9. + + [74] _27th Report_, _Ibid._, pp. 26-7. + + [75] _26th Report_, _Ibid._, p. 54. + + [76] _British and Foreign State Papers_, 1859-60, pp. 899, + 973. + + [77] Nov. 29, 1851: _House Exec. Doc._, 32 Cong. 1 sess. II. + pt. 2, No. 2, p. 4. + + [78] Dec. 4, 1852: _House Exec. Doc._, 32 Cong. 2 sess. I. pt. + 2, No. 1, p. 293. + + [79] _Ibid._, 34 Cong. 1 sess. I. pt. 3, No. 1, p. 5. + + [80] _Ibid._, 34 Cong. 3 sess. I. pt. 2, No. 1, p. 407. + + [81] Commander Burgess to Commodore Wise, Whydah, Aug. 12, + 1857: _Parliamentary Papers_, 1857-8, vol. LXI. _Slave Trade_, + Class A, p. 136. + + [82] _House Exec. Doc._, 35 Cong. 1 sess. II. pt. 3, No. 2, p. + 576. + + [83] _Ibid._, 35 Cong. 2 sess. II. pt. 1, No. 2, pp. 14-15, + 31-33. + + [84] _Senate Exec. Doc._, 36 Cong. 2 sess. I. No. 1, p. 24. + The Report of the Secretary of the Navy, 1859, contains this + ambiguous passage: "What the effect of breaking up the trade + will be upon the United States or Cuba it is not necessary to + inquire; certainly, under the laws of Congress and our treaty + obligations, it is the duty of the executive government to see + that our citizens shall not be engaged in it": _Ibid._, 36 + Cong. 1 sess. III. No. 2, pp. 1138-9. + + [85] _Senate Exec. Doc._, 36 Cong. 2 sess. III. pt. 1, No. 1, + pp. 8-9. + + [86] _Statutes at Large_, XII. 40. + + [87] _Confederate States of America Statutes at Large_, 1861, + p. 15, Constitution, Art. 1, sect. 9, §§ 1, 2. + + [88] From an intercepted circular despatch from J.P. Benjamin, + "Secretary of State," addressed in this particular instance to + Hon. L.Q.C. Lamar, "Commissioner, etc., St. Petersburg, + Russia," and dated Richmond, Jan. 15, 1863; published in the + _National Intelligencer_, March 31, 1863; cf. also the issues + of Feb. 19, 1861, April 2, 3, 25, 1863; also published in the + pamphlet, _The African Slave-Trade: The Secret Purpose_, etc. + The editors vouch for its authenticity, and state it to be in + Benjamin's own handwriting. + + [89] L.W. Spratt of South Carolina, in the _Southern Literary + Messenger_, June, 1861, XXXII. 414, 420. Cf. also the + Charleston _Mercury_, Feb. 13, 1861, and the _National + Intelligencer_, Feb. 19, 1861. + + [90] Captain Gordon of the slaver "Erie;" condemned in the + U.S. District Court for Southern New York in 1862. Cf. _Senate + Exec. Doc._, 37 Cong. 2 sess. I. No. 1, p. 13. + + [91] _Ibid._, pp. 453-4. + + [92] _Statutes at Large_, XII. 132, 219, 639; XIII. 424; XIV. + 226, 415; XV. 58, 321. The sum of $250,000 was also + appropriated to return the slaves on the "Wildfire": _Ibid._, + XII. 40-41. + + [93] _Statutes at Large_, XII. 368-9. + + [94] _Senate Exec. Doc._, 37 Cong. 2 sess. I. No. 1, pp. + 453-4. + + [95] _Statutes at Large_, XII. 531. + + [96] For a time not exceeding five years: _Ibid._, pp. 592-3. + + [97] By section 9 of an appropriation act for civil expenses, + July 2, 1864: _Ibid._, XIII. 353. + + [98] British officers attested this: _Diplomatic + Correspondence_, 1862, p. 285. + + [99] _Report of the Secretary of the Navy_, 1866; _House Exec. + Doc._, 39 Cong. 2 sess. IV. p. 12. + +[100] There were some later attempts to legislate. Sumner + tried to repeal the Act of 1803: _Congressional Globe_, 41 + Cong. 2 sess. pp. 2894, 2932, 4953, 5594. Banks introduced a + bill to prohibit Americans owning or dealing in slaves abroad: + _House Journal_, 42 Cong. 2 sess. p. 48. For the legislation + of the Confederate States, cf. Mason, _Veto Power_, 2d ed., + Appendix C, No. 1. + + * * * * * + + + + +_Chapter XII_ + +THE ESSENTIALS IN THE STRUGGLE. + + 92. How the Question Arose. + 93. The Moral Movement. + 94. The Political Movement. + 95. The Economic Movement. + 96. The Lesson for Americans. + + +92. ~How the Question Arose.~ We have followed a chapter of history +which is of peculiar interest to the sociologist. Here was a rich new +land, the wealth of which was to be had in return for ordinary manual +labor. Had the country been conceived of as existing primarily for the +benefit of its actual inhabitants, it might have waited for natural +increase or immigration to supply the needed hands; but both Europe and +the earlier colonists themselves regarded this land as existing chiefly +for the benefit of Europe, and as designed to be exploited, as rapidly +and ruthlessly as possible, of the boundless wealth of its resources. +This was the primary excuse for the rise of the African slave-trade to +America. + +Every experiment of such a kind, however, where the moral standard of a +people is lowered for the sake of a material advantage, is dangerous in +just such proportion as that advantage is great. In this case it was +great. For at least a century, in the West Indies and the southern +United States, agriculture flourished, trade increased, and English +manufactures were nourished, in just such proportion as Americans stole +Negroes and worked them to death. This advantage, to be sure, became +much smaller in later times, and at one critical period was, at least in +the Southern States, almost _nil_; but energetic efforts were wanting, +and, before the nation was aware, slavery had seized a new and well-nigh +immovable footing in the Cotton Kingdom. + +The colonists averred with perfect truth that they did not commence this +fatal traffic, but that it was imposed upon them from without. +Nevertheless, all too soon did they lay aside scruples against it and +hasten to share its material benefits. Even those who braved the rough +Atlantic for the highest moral motives fell early victims to the +allurements of this system. Thus, throughout colonial history, in spite +of many honest attempts to stop the further pursuit of the slave-trade, +we notice back of nearly all such attempts a certain moral apathy, an +indisposition to attack the evil with the sharp weapons which its nature +demanded. Consequently, there developed steadily, irresistibly, a vast +social problem, which required two centuries and a half for a nation of +trained European stock and boasted moral fibre to solve. + + +93. ~The Moral Movement.~ For the solution of this problem there were, +roughly speaking, three classes of efforts made during this +time,--moral, political, and economic: that is to say, efforts which +sought directly to raise the moral standard of the nation; efforts which +sought to stop the trade by legal enactment; efforts which sought to +neutralize the economic advantages of the slave-trade. There is always a +certain glamour about the idea of a nation rising up to crush an evil +simply because it is wrong. Unfortunately, this can seldom be realized +in real life; for the very existence of the evil usually argues a moral +weakness in the very place where extraordinary moral strength is called +for. This was the case in the early history of the colonies; and +experience proved that an appeal to moral rectitude was unheard in +Carolina when rice had become a great crop, and in Massachusetts when +the rum-slave-traffic was paying a profit of 100%. That the various +abolition societies and anti-slavery movements did heroic work in +rousing the national conscience is certainly true; unfortunately, +however, these movements were weakest at the most critical times. When, +in 1774 and 1804, the material advantages of the slave-trade and the +institution of slavery were least, it seemed possible that moral suasion +might accomplish the abolition of both. A fatal spirit of temporizing, +however, seized the nation at these points; and although the slave-trade +was, largely for political reasons, forbidden, slavery was left +untouched. Beyond this point, as years rolled by, it was found well-nigh +impossible to rouse the moral sense of the nation. Even in the matter of +enforcing its own laws and co-operating with the civilized world, a +lethargy seized the country, and it did not awake until slavery was +about to destroy it. Even then, after a long and earnest crusade, the +national sense of right did not rise to the entire abolition of +slavery. It was only a peculiar and almost fortuitous commingling of +moral, political, and economic motives that eventually crushed African +slavery and its handmaid, the slave-trade in America. + + +94. ~The Political Movement.~ The political efforts to limit the +slave-trade were the outcome partly of moral reprobation of the trade, +partly of motives of expediency. This legislation was never such as wise +and powerful rulers may make for a nation, with the ulterior purpose of +calling in the respect which the nation has for law to aid in raising +its standard of right. The colonial and national laws on the slave-trade +merely registered, from time to time, the average public opinion +concerning this traffic, and are therefore to be regarded as negative +signs rather than as positive efforts. These signs were, from one point +of view, evidences of moral awakening; they indicated slow, steady +development of the idea that to steal even Negroes was wrong. From +another point of view, these laws showed the fear of servile +insurrection and the desire to ward off danger from the State; again, +they often indicated a desire to appear well before the civilized world, +and to rid the "land of the free" of the paradox of slavery. +Representing such motives, the laws varied all the way from mere +regulating acts to absolute prohibitions. On the whole, these acts were +poorly conceived, loosely drawn, and wretchedly enforced. The systematic +violation of the provisions of many of them led to a widespread belief +that enforcement was, in the nature of the case, impossible; and thus, +instead of marking ground already won, they were too often sources of +distinct moral deterioration. Certainly the carnival of lawlessness that +succeeded the Act of 1807, and that which preceded final suppression in +1861, were glaring examples of the failure of the efforts to suppress +the slave-trade by mere law. + + +95. ~The Economic Movement.~ Economic measures against the trade were +those which from the beginning had the best chance of success, but which +were least tried. They included tariff measures; efforts to encourage +the immigration of free laborers and the emigration of the slaves; +measures for changing the character of Southern industry; and, finally, +plans to restore the economic balance which slavery destroyed, by +raising the condition of the slave to that of complete freedom and +responsibility. Like the political efforts, these rested in part on a +moral basis; and, as legal enactments, they were also themselves often +political measures. They differed, however, from purely moral and +political efforts, in having as a main motive the economic gain which a +substitution of free for slave labor promised. + +The simplest form of such efforts was the revenue duty on slaves that +existed in all the colonies. This developed into the prohibitive tariff, +and into measures encouraging immigration or industrial improvements. +The colonization movement was another form of these efforts; it was +inadequately conceived, and not altogether sincere, but it had a sound, +although in this case impracticable, economic basis. The one great +measure which finally stopped the slave-trade forever was, naturally, +the abolition of slavery, i.e., the giving to the Negro the right to +sell his labor at a price consistent with his own welfare. The abolition +of slavery itself, while due in part to direct moral appeal and +political sagacity, was largely the result of the economic collapse of +the large-farming slave system. + + +96. ~The Lesson for Americans.~ It may be doubted if ever before such +political mistakes as the slavery compromises of the Constitutional +Convention had such serious results, and yet, by a succession of +unexpected accidents, still left a nation in position to work out its +destiny. No American can study the connection of slavery with United +States history, and not devoutly pray that his country may never have a +similar social problem to solve, until it shows more capacity for such +work than it has shown in the past. It is neither profitable nor in +accordance with scientific truth to consider that whatever the +constitutional fathers did was right, or that slavery was a plague sent +from God and fated to be eliminated in due time. We must face the fact +that this problem arose principally from the cupidity and carelessness +of our ancestors. It was the plain duty of the colonies to crush the +trade and the system in its infancy: they preferred to enrich themselves +on its profits. It was the plain duty of a Revolution based upon +"Liberty" to take steps toward the abolition of slavery: it preferred +promises to straightforward action. It was the plain duty of the +Constitutional Convention, in founding a new nation, to compromise with +a threatening social evil only in case its settlement would thereby be +postponed to a more favorable time: this was not the case in the slavery +and the slave-trade compromises; there never was a time in the history +of America when the system had a slighter economic, political, and moral +justification than in 1787; and yet with this real, existent, growing +evil before their eyes, a bargain largely of dollars and cents was +allowed to open the highway that led straight to the Civil War. +Moreover, it was due to no wisdom and foresight on the part of the +fathers that fortuitous circumstances made the result of that war what +it was, nor was it due to exceptional philanthropy on the part of their +descendants that that result included the abolition of slavery. + +With the faith of the nation broken at the very outset, the system of +slavery untouched, and twenty years' respite given to the slave-trade to +feed and foster it, there began, with 1787, that system of bargaining, +truckling, and compromising with a moral, political, and economic +monstrosity, which makes the history of our dealing with slavery in the +first half of the nineteenth century so discreditable to a great people. +Each generation sought to shift its load upon the next, and the burden +rolled on, until a generation came which was both too weak and too +strong to bear it longer. One cannot, to be sure, demand of whole +nations exceptional moral foresight and heroism; but a certain hard +common-sense in facing the complicated phenomena of political life must +be expected in every progressive people. In some respects we as a nation +seem to lack this; we have the somewhat inchoate idea that we are not +destined to be harassed with great social questions, and that even if we +are, and fail to answer them, the fault is with the question and not +with us. Consequently we often congratulate ourselves more on getting +rid of a problem than on solving it. Such an attitude is dangerous; we +have and shall have, as other peoples have had, critical, momentous, and +pressing questions to answer. The riddle of the Sphinx may be postponed, +it may be evasively answered now; sometime it must be fully answered. + +It behooves the United States, therefore, in the interest both of +scientific truth and of future social reform, carefully to study such +chapters of her history as that of the suppression of the slave-trade. +The most obvious question which this study suggests is: How far in a +State can a recognized moral wrong safely be compromised? And although +this chapter of history can give us no definite answer suited to the +ever-varying aspects of political life, yet it would seem to warn any +nation from allowing, through carelessness and moral cowardice, any +social evil to grow. No persons would have seen the Civil War with more +surprise and horror than the Revolutionists of 1776; yet from the small +and apparently dying institution of their day arose the walled and +castled Slave-Power. From this we may conclude that it behooves nations +as well as men to do things at the very moment when they ought to be +done. + + * * * * * + + + +APPENDIX A. + +A CHRONOLOGICAL CONSPECTUS OF COLONIAL AND STATE LEGISLATION RESTRICTING +THE AFRICAN SLAVE-TRADE. 1641-1787. + + +~1641. Massachusetts: Limitations on Slavery.~ + +"Liberties of Forreiners & Strangers": 91. "There shall never be any +bond slaverie villinage or Captivitie amongst vs, unles it be lawfull +Captives taken in iust warres, & such strangers as willingly selle +themselves or are sold to us. And those shall have all the liberties & +Christian usages w^{ch} y^e law of god established in Jsraell concerning +such p/^{sons} doeth morally require. This exempts none from servitude +who shall be Judged there to by Authoritie." + +"Capitall Laws": 10. "If any man stealeth aman or mankinde, he shall +surely be put to death" (marginal reference, Exodus xxi. 16). Re-enacted +in the codes of 1649, 1660, and 1672. Whitmore, _Reprint of Colonial +Laws of 1660_, etc. (1889), pp. 52, 54, 71-117. + + +~1642, April 3. New Netherland: Ten per cent Duty.~ + +"Ordinance of the Director and Council of New Netherland, imposing +certain Import and Export Duties." O'Callaghan, _Laws of New Netherland_ +(1868), p. 31. + + +~1642, Dec. 1. Connecticut: Man-Stealing made a Capital Offence.~ + +"Capitall Lawes," No. 10. Re-enacted in Ludlow's code, 1650. _Colonial +Records_, I. 77. + + +~1646, Nov. 4. Massachusetts: Declaration against Man-Stealing.~ + +Testimony of the General Court. For text, see above, page 37. _Colonial +Records_, II. 168; III. 84. + + +~1652, April 4. New Netherland: Duty of 15 Guilders.~ + +"Conditions and Regulations" of Trade to Africa. O'Callaghan, _Laws of +New Netherland_, pp. 81, 127. + + +~1652, May 18-20. Rhode Island: Perpetual Slavery Prohibited.~ + +For text, see above, page 40. _Colonial Records_, I. 243. + + +~1655, Aug. 6. New Netherland: Ten per cent Export Duty.~ + +"Ordinance of the Director General and Council of New Netherland, +imposing a Duty on exported Negroes." O'Callaghan, _Laws of New +Netherland_, p. 191. + + +~1664, March 12. Duke of York's Patent: Slavery Regulated.~ + +"Lawes establisht by the Authority of his Majesties Letters patents, +granted to his Royall Highnes James Duke of Yorke and Albany; Bearing +Date the 12th Day of March in the Sixteenth year of the Raigne of our +Soveraigne Lord Kinge Charles the Second." First published at Long +Island in 1664. + +"Bond slavery": "No Christian shall be kept in Bond-slavery villenage or +Captivity, Except Such who shall be Judged thereunto by Authority, or +such as willingly have sould, or shall sell themselves," etc. +Apprenticeship allowed. _Charter to William Penn, and Laws of the +Province of Pennsylvania_ (1879), pp. 3, 12. + + +~1672, October. Connecticut: Law against Man-Stealing.~ + +"The General Laws and Liberties of Conecticut + +"Capital Laws": 10. "If any Man stealeth a Man or Man kinde, and selleth +him, or if he be found in his hand, he shall be put to death. Exod. 21. +16." _Laws of Connecticut_, 1672 (repr. 1865), p. 9. + + +~1676, March 3. West New Jersey: Slavery Prohibited (?).~ + +"The Concessions and Agreements of the Proprietors, Freeholders and +Inhabitants of the Province of West New-Jersey, in America." + +Chap. XXIII. "That in all publick Courts of Justice for Tryals of +Causes, Civil or Criminal, any Person or Persons, Inhabitants of the +said Province, may freely come into, and attend the said Courts, ... +that all and every Person and Persons Inhabiting the said Province, +shall, as far as in us lies, be free from Oppression and Slavery." +Leaming and Spicer, _Grants, Concessions_, etc., pp. 382, 398. + + +~1688, Feb. 18. Pennsylvania: First Protest of Friends against +Slave-Trade.~ + +"At Monthly Meeting of Germantown Friends." For text, see above, pages +28-29. _Fac-simile Copy_ (1880). + + +~1695, May. Maryland: 10s. Duty Act.~ + +"An Act for the laying an Imposition upon Negroes, Slaves, and White +Persons imported into this Province." Re-enacted in 1696, and included +in Acts of 1699 and 1704. Bacon, _Laws_, 1695, ch. ix.; 1696, ch. vii.; +1699, ch. xxiii.; 1704, ch. ix. + + +~1696. Pennsylvania: Protest of Friends.~ + +"That Friends be careful not to encourage the bringing in of any more +negroes." Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. Mem._ +(1864), I. 383. + + +~1698, Oct. 8. South Carolina: White Servants Encouraged.~ + +"An Act for the Encouragement of the Importation of White Servants." + +"Whereas, the great number of negroes which of late have been imported +into this Collony may endanger the safety thereof if speedy care be not +taken and encouragement given for the importation of white servants." + +§ 1. £13 are to be given to any ship master for every male white servant +(Irish excepted), between sixteen and forty years, whom he shall bring +into Ashley river; and £12 for boys between twelve and sixteen years. +Every servant must have at least four years to serve, and every boy +seven years. + +§ 3. Planters are to take servants in proportion of one to every six +male Negroes above sixteen years. + +§ 5. Servants are to be distributed by lot. + +§ 8. This act to continue three years. Cooper, _Statutes_, II. 153. + + +~1699, April. Virginia: 20s. Duty Act.~ + +"An act for laying an imposition upon servants and slaves imported into +this country, towards building the Capitoll." For three years; continued +in August, 1701, and April, 1704. Hening, _Statutes_, III. 193, 212, +225. + + +~1703, May 6. South Carolina: Duty Act.~ + +"An Act for the laying an Imposition on Furrs, Skinns, Liquors and other +Goods and Merchandize, Imported into and Exported out of this part of +this Province, for the raising of a Fund of Money towards defraying the +publick charges and expenses of this Province, and paying the debts due +for the Expedition against St. Augustine." 10_s._ on Africans and 20_s._ +on others. Cooper, _Statutes_, II. 201. + + +~1704, October. Maryland: 20s. Duty Act.~ + +"An Act imposing Three Pence per Gallon on Rum and Wine, Brandy and +Spirits; and Twenty Shillings per Poll for Negroes; for raising a Supply +to defray the Public Charge of this Province; and Twenty Shillings per +Poll on Irish Servants, to prevent the importing too great a Number of +Irish Papists into this Province." Revived in 1708 and 1712. Bacon, +_Laws_, 1704, ch. xxxiii.; 1708, ch. xvi.; 1712, ch. xxii. + + +~1705, Jan. 12. Pennsylvania: 10s. Duty Act. ~ + +"An Act for Raising a Supply of Two pence half penny per Pound & ten +shillings per Head. Also for Granting an Impost & laying on Sundry +Liquors & negroes Imported into this Province for the Support of +Governmt., & defraying the necessary Publick Charges in the +Administration thereof." _Colonial Records_ (1852), II. 232, No. 50. + + +~1705, October. Virginia: 6d. Tax on Imported Slaves.~ + +"An act for raising a publick revenue for the better support of the +Government," etc. Similar tax by Act of October, 1710. Hening, +_Statutes_, III. 344, 490. + + +~1705, October. Virginia: 20s. Duty Act.~ + +"An act for laying an Imposition upon Liquors and Slaves." For two +years; re-enacted in October, 1710, for three years, and in October, +1712. _Ibid._, III. 229, 482; IV. 30. + + +~1705, Dec. 5. Massachusetts: £4 Duty Act.~ + +"An act for the Better Preventing of a Spurious and Mixt Issue," etc. + +§ 6. On and after May 1, 1706, every master importing Negroes shall +enter his number, name, and sex in the impost office, and insert them in +the bill of lading; he shall pay to the commissioner and receiver of the +impost £4 per head for every such Negro. Both master and ship are to be +security for the payment of the same. + +§ 7. If the master neglect to enter the slaves, he shall forfeit £8 for +each Negro, one-half to go to the informer and one-half to the +government. + +§ 8. If any Negro imported shall, within twelve months, be exported and +sold in any other plantation, and a receipt from the collector there be +shown, a drawback of the whole duty will be allowed. Like drawback will +be allowed a purchaser, if any Negro sold die within six weeks after +importation. _Mass. Province Laws, 1705-6_, ch. 10. + + +~1708, February. Rhode Island: £3 Duty Act.~ + +No title or text found. Slightly amended by Act of April, 1708; +strengthened by Acts of February, 1712, and July 5, 1715; proceeds +disposed of by Acts of July, 1715, October, 1717, and June, 1729. +_Colonial Records_, IV. 34, 131-5, 138, 143, 191-3, 225, 423-4. + + +~1709, Sept. 24. New York: £3 Duty Act.~ + +"An Act for Laying a Duty on the Tonnage of Vessels and Slaves." A duty +of £3 was laid on slaves not imported directly from their native +country. Continued by Act of Oct. 30, 1710. _Acts of Assembly, +1691-1718_, pp. 97, 125, 134; Laws of New York, 1691-1773, p. 83. + + +~1710, Dec. 28. Pennsylvania: 40s. Duty Act.~ + +"An impost Act, laying a duty on Negroes, wine, rum and other spirits, +cyder and vessels." Repealed by order in Council Feb. 20, 1713. Carey +and Bioren, _Laws_, I. 82; Bettle, _Notices of Negro Slavery_, in _Penn. +Hist. Soc. Mem._ (1864), I. 415. + + +~1710. Virginia: £5 Duty Act.~ + +"Intended to discourage the importation" of slaves. Title and text not +found. Disallowed (?). _Governor Spotswood to the Lords of Trade_, in +_Va. Hist. Soc. Coll._, New Series, I. 52. + + +~1711, July-Aug. New York: Act of 1709 Strengthened.~ + +"An Act for the more effectual putting in Execution an Act of General +Assembly, Intituled, An Act for Laying a Duty on the Tonnage of Vessels +and Slaves." _Acts of Assembly, 1691-1718_, p. 134. + + +~1711, December. New York: Bill to Increase Duty.~ + +Bill for laying a further duty on slaves. Passed Assembly; lost in +Council. _Doc. rel. Col. Hist. New York_, V. 293. + + +~1711. Pennsylvania: Testimony of Quakers.~ + +" ... the Yearly Meeting of Philadelphia, on a representation from the +Quarterly Meeting of Chester, that the buying and encouraging the +importation of negroes was still practised by some of the members of the +society, again repeated and enforced the observance of the advice issued +in 1696, and further directed all merchants and factors to write to +their correspondents and discourage their sending any more negroes." +Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. Mem._ (1864), +I. 386. + + +~1712, June 7. Pennsylvania: Prohibitive (?) Duty Act.~ + +"A supplementary Act to an act, entituled, An impost act, laying a duty +on Negroes, rum," etc. Disallowed by Great Britain, 1713. Carey and +Bioren, _Laws_, I. 87, 88. Cf. _Colonial Records_ (1852), II. 553. + + +~1712, June 7. Pennsylvania: Prohibitive Duty Act.~ + +"An act to prevent the Importation of Negroes and Indians into this +Province." + +"Whereas Divers Plots and Insurrections have frequently happened, not +only in the Islands, but on the Main Land of _America_, by Negroes, +which have been carried on so far that several of the Inhabitants have +been thereby barbarously Murthered, an instance whereof we have lately +had in our neighboring Colony of _New York_. And whereas the +Importation of Indian Slaves hath given our Neighboring _Indians_ in +this Province some umbrage of Suspicion and Dis-satisfaction. For +Prevention of all which for the future, + +"_Be it Enacted_ ..., That from and after the Publication of this Act, +upon the Importation of any Negro or Indian, by Land or Water, into this +Province, there shall be paid by the Importer, Owner or Possessor +thereof, the sum of _Twenty Pounds per head_, for every Negro or Indian +so imported or brought in (except Negroes directly brought in from the +_West India Islands_ before the first Day of the Month called _August_ +next) unto the proper Officer herein after named, or that shall be +appointed according to the Directions of this Act to receive the same," +etc. Disallowed by Great Britain, 1713. _Laws of Pennsylvania, +collected_, etc. (ed. 1714), p. 165; _Colonial Records_ (1852), II. 553; +Burge, _Commentaries_, I. 737, note; _Penn. Archives_, I. 162. + + +~1713, March 11. New Jersey: £10 Duty Act.~ + +"An Act for laying a Duty on Negro, Indian and Mulatto Slaves, imported +and brought into this Province." + +"_Be it Enacted_ ..., That every Person or Persons that shall hereafter +Import or bring in, or cause to be imported or brought into this +Province, any Negro Indian or Mulatto Slave or Slaves, every such Person +or Persons so importing or bringing in, or causing to be imported or +brought in, such Slave or Slaves, shall enter with one of the Collectors +of her Majestie's Customs of this Province, every such Slave or Slaves, +within Twenty Four Hours after such Slave or Slaves is so Imported, and +pay the Sum of _Ten Pounds_ Money as appointed by her Majesty's +Proclamation, for each Slave so imported, or give sufficient Security +that the said Sum of _Ten Pounds_, Money aforesaid, shall be well and +truly paid within three Months after such Slave or Slaves are so +imported, to the Collector or his Deputy of the District into which +such Slave or Slaves shall be imported, for the use of her Majesty, her +Heirs and Successors, toward the Support of the Government of this +Province." For seven years; violations incur forfeiture and sale of +slaves at auction; slaves brought from elsewhere than Africa to pay £10, +etc. _Laws and Acts of New Jersey, 1703-1717_ (ed. 1717), p. 43; _N.J. +Archives_, 1st Series, XIII. 516, 517, 520, 522, 523, 527, 532, 541. + + +~1713, March 26. Great Britain and Spain: The Assiento.~ + +"The Assiento, or Contract for allowing to the Subjects of Great Britain +the Liberty of importing Negroes into the Spanish America. Signed by the +Catholick King at Madrid, the 26th Day of March, 1713." + +Art. I. "First then to procure, by this means, a mutual and reciprocal +advantage to the sovereigns and subjects of both crowns, her British +majesty does offer and undertake for the persons, whom she shall name +and appoint, That they shall oblige and charge themselves with the +bringing into the West-Indies of America, belonging to his catholick +majesty, in the space of the said 30 years, to commence on the 1st day +of May, 1713, and determine on the like day, which will be in the year +1743, _viz._ 144000 negroes, _Piezas de India_, of both sexes, and of +all ages, at the rate of 4800 negroes, _Piezas de India_, in each of the +said 30 years, with this condition, That the persons who shall go to the +West-Indies to take care of the concerns of the assiento, shall avoid +giving any offence, for in such case they shall be prosecuted and +punished in the same manner, as they would have been in Spain, if the +like misdemeanors had been committed there." + +Art. II. Assientists to pay a duty of 33 pieces of eight (_Escudos_) for +each Negro, which should include all duties. + +Art. III. Assientists to advance to his Catholic Majesty 200,000 pieces +of eight, which should be returned at the end of the first twenty years, +etc. John Almon, _Treaties of Peace, Alliance, and Commerce, between +Great-Britain and other Powers_ (London, 1772), I. 83-107. + + +~1713, July 13. Great Britain and Spain: Treaty of Utrecht.~ + +"Treaty of Peace and Friendship between the most serene and most potent +princess Anne, by the grace of God, Queen of Great Britain, France, and +Ireland, Defender of the Faith, &c. and the most serene and most potent +Prince Philip V the Catholick King of Spain, concluded at Utrecht, the +2/13 Day of July, 1713." + +Art. XII. "The Catholick King doth furthermore hereby give and grant to +her Britannick majesty, and to the company of her subjects appointed for +that purpose, as well the subjects of Spain, as all others, being +excluded, the contract for introducing negroes into several parts of the +dominions of his Catholick Majesty in America, commonly called _el Pacto +de el Assiento de Negros_, for the space of thirty years successively, +beginning from the first day of the month of May, in the year 1713, with +the same conditions on which the French enjoyed it, or at any time might +or ought to enjoy the same, together with a tract or tracts of Land to +be allotted by the said Catholick King, and to be granted to the company +aforesaid, commonly called _la Compania de el Assiento_, in some +convenient place on the river of Plata, (no duties or revenues being +payable by the said company on that account, during the time of the +abovementioned contract, and no longer) and this settlement of the said +society, or those tracts of land, shall be proper and sufficient for +planting, and sowing, and for feeding cattle for the subsistence of +those who are in the service of the said company, and of their negroes; +and that the said negroes may be there kept in safety till they are +sold; and moreover, that the ships belonging to the said company may +come close to land, and be secure from any danger. But it shall always +be lawful for the Catholick King, to appoint an officer in the said +place or settlement, who may take care that nothing be done or practised +contrary to his royal interests. And all who manage the affairs of the +said company there, or belong to it, shall be subject to the inspection +of the aforesaid officer, as to all matters relating to the tracts of +land abovementioned. But if any doubts, difficulties, or controversies, +should arise between the said officer and the managers for the said +company, they shall be referred to the determination of the governor of +Buenos Ayres. The Catholick King has been likewise pleased to grant to +the said company, several other extraordinary advantages, which are more +fully and amply explained in the contract of the Assiento, which was +made and concluded at Madrid, the 26th day of the month of March, of +this present year 1713. Which contract, or _Assiento de Negros_, and all +the clauses, conditions, privileges and immunities contained therein, +and which are not contrary to this article, are and shall be deemed, and +taken to be, part of this treaty, in the same manner as if they had been +here inserted word for word." John Almon, _Treaties of Peace, Alliance, +and Commerce, between Great-Britain and other Powers_, I. 168-80. + + +~1714, Feb. 18. South Carolina: Duty on American Slaves.~ + +"An Act for laying an additional duty on all Negro Slaves imported into +this Province from any part of America." Title quoted in Act of 1719, +§30, _q.v._ + + +~1714, Dec. 18. South Carolina: Prohibitive Duty.~ + +"An additional Act to an Act entitled 'An Act for the better Ordering +and Governing Negroes and all other Slaves.'" + +§9 "And _whereas_, the number of negroes do extremely increase in this +Province, and through the afflicting providence of God, the white +persons do not proportionally multiply, by reason whereof, the safety +of the said Province is greatly endangered; for the prevention of which +for the future, + +"_Be it further enacted_ by the authority aforesaid, That all negro +slaves from twelve years old and upwards, imported into this part of +this Province from any part of Africa, shall pay such additional duties +as is hereafter named, that is to say:--that every merchant or other +person whatsoever, who shall, six months after the ratification of this +Act, import any negro slaves as aforesaid, shall, for every such slave, +pay unto the public receiver for the time being, (within thirty days +after such importation,) the sum of two pounds current money of this +Province." Cooper, _Statutes_, VII. 365. + + +~1715, Feb. 18. South Carolina: Duty on American Negroes.~ + +"_An additional Act_ to an act entitled _an act for raising the sum of +£2000, of and from the estates real and personal of the inhabitants of +this Province, ratified in open Assembly the 18th day of December, +1714_; and for laying an additional duty on all Negroe slaves imported +into this Province from any part of America." Title only given. Grimké, +_Public Laws_, p. xvi, No. 362. + + +~1715, May 28. Pennsylvania: £5 Duty Act.~ + +"An Act for laying a Duty on _Negroes_ imported into this province." +Disallowed by Great Britain, 1719. _Acts and Laws of Pennsylvania, +1715_, p. 270; _Colonial Records_ (1852), III. 75-6; Chalmers, +_Opinions_, II. 118. + + +~1715, June 3. Maryland: 20s. Duty Act.~ + +"An Act laying an Imposition on Negroes ...; and also on Irish Servants, +to prevent the importing too great a Number of Irish Papists into this +Province." Supplemented April 23, 1735, and July 25, 1754. _Compleat +Collection of the Laws of Maryland_ (ed. 1727), p. 157; Bacon, _Laws_, +1715, ch. xxxvi. §8; 1735, ch. vi. §§1-3; _Acts of Assembly, 1754_, p. +10. + + +~1716, June 30. South Carolina: £3 Duty Act.~ + +"An Act for laying an Imposition on Liquors, Goods and Merchandizes, +Imported into and Exported out of this Province, for the raising of a +Fund of Money towards the defraying the publick charges and expences of +the Government." A duty of £3 was laid on African slaves, and £30 on +American slaves. Cooper, _Statutes_, II. 649. + + +~1716. New York: 5 oz. and 10 oz. plate Duty Act.~ + +"An Act to Oblige all Vessels Trading into this Colony (except such as +are therein excepted) to pay a certain Duty; and for the further +Explanation and rendring more Effectual certain Clauses in an Act of +General Assembly of this Colony, Intituled, An Act by which a Duty is +laid on Negroes, and other Slaves, imported into this Colony." The act +referred to is not to be found. _Acts of Assembly, 1691-1718_, p. 224. + + +~1717, June 8. Maryland: Additional 20s. Duty Act.~ + +"An Act for laying an Additional Duty of Twenty Shillings Current Money +per Poll on all Irish Servants, ... also, the Additional Duty of Twenty +Shillings Current Money per Poll on all Negroes, for raising a Fund for +the Use of Publick Schools," etc. Continued by Act of 1728. _Compleat +Collection of the Laws of Maryland_ (ed. 1727), p. 191; Bacon, _Laws_, +1728, ch. viii. + + +~1717, Dec. 11. South Carolina: Prohibitive Duty.~ + +"A further additional Act to an Act entitled An Act for the better +ordering and governing of Negroes and all other Slaves; and to an +additional Act to an Act entitled An Act for the better ordering and +governing of Negroes and all other Slaves." + +§ 3. "And _whereas_, the great importation of negroes to this Province, +in proportion to the white inhabitants of the same, whereby the future +safety of this Province will be greatly endangered; for the prevention +whereof, + +"_Be it enacted_ by the authority aforesaid, That all negro slaves of +any age or condition whatsoever, imported or otherwise brought into this +Province, from any part of the world, shall pay such additional duties +as is hereafter named, that is to say:--that every merchant or other +person whatsoever, who shall, eighteen months after the ratification of +this Act, import any negro slave as aforesaid, shall, for every such +slave, pay unto the public receiver for the time being, at the time of +each importation, over and above all the duties already charged on +negroes, by any law in force in this Province, the additional sum of +forty pounds current money of this Province," etc. + +§ 4. This section on duties to be in force for four years after +ratification, and thence to the end of the next session of the General +Assembly. Cooper, _Statutes_, VII. 368. + + +~1718, Feb. 22. Pennsylvania: Duty Act.~ + +"An Act for continuing a duty on Negroes brought into this province." +Carey and Bioren, _Laws_, I. 118. + + +~1719, March 20. South Carolina: £10 Duty Act.~ + +"An Act for laying an Imposition on Negroes, Liquors, and other Goods +and Merchandizes, imported, and exported out of this Province, for the +raising of a Fund of Money towards the defraying the Publick Charges and +Expences of this Government; as also to Repeal several Duty Acts, and +Clauses and Paragraphs of Acts, as is herein mentioned." This repeals +former duty acts (e.g. that of 1714), and lays a duty of £10 on African +slaves, and £30 on American slaves. Cooper, _Statutes_, III. 56. + + +~1721, Sept. 21. South Carolina: £10 Duty Act.~ + +"An Act for granting to His Majesty a Duty and Imposition on Negroes, +Liquors, and other Goods and Merchandize, imported into and exported out +of this Province." This was a continuation of the Act of 1719. _Ibid._, +III. 159. + + +~1722, Feb. 23. South Carolina: £10 Duty Act.~ + +"An Act for Granting to His Majesty a Duty and Imposition on Negroes, +Liquors, and other Goods and Merchandizes, for the use of the Publick +of this Province." + +§ 1. " ... on all negro slaves imported from Africa directly, or any +other place whatsoever, Spanish negroes excepted, if above ten years of +age, ten pounds; on all negroes under ten years of age, (sucking +children excepted) five pounds," etc. + +§ 3. "And whereas, it has proved to the detriment of some of the +inhabitants of this Province, who have purchased negroes imported here +from the Colonies of America, that they were either transported thence +by the Courts of justice, or sent off by private persons for their ill +behaviour and misdemeanours, to prevent which for the future, + +"_Be it enacted_ by the authority aforesaid, That all negroes imported +in this Province from any part of America, after the ratification of +this Act, above ten years of age, shall pay unto the Publick Receiver as +a duty, the sum of fifty pounds, and all such negroes under the age of +ten years, (sucking children excepted) the sum of five pounds of like +current money, unless the owner or agent shall produce a testimonial +under the hand and seal of any Notary Publick of the Colonies or +plantations from whence such negroes came last, before whom it was +proved upon oath, that the same are new negroes, and have not been six +months on shoar in any part of America," etc. + +§ 4. "And whereas, the importation of Spanish Indians, mustees, negroes, +and mulattoes, may be of dangerous consequence by inticing the slaves +belonging to the inhabitants of this Province to desert with them to the +Spanish settlements near us, + +"_Be it therefore enacted_ That all such Spanish negroes, Indians, +mustees, or mulattoes, so imported into this Province, shall pay unto +the Publick Receiver, for the use of this Province, a duty of one +hundred and fifty pounds, current money of this Province." + +§ 19. Rebate of three-fourths of the duty allowed in case of +re-exportation in six months. + +§ 31. Act of 1721 repealed. + +§ 36. This act to continue in force for three years, and thence to the +end of the next session of the General Assembly, and no longer. Cooper, +_Statutes_, III. 193. + + +~1722, May 12. Pennsylvania: Duty Act.~ + +"An Act for laying a duty on Negroes imported into this province." Carey +and Bioren, _Laws_, I. 165. + + +~1723, May. Virginia: Duty Act.~ + +"An Act for laying a Duty on Liquors and Slaves." Title only; repealed +by proclamation Oct. 27, 1724. Hening, _Statutes_, IV. 118. + + +~1723, June 18. Rhode Island: Back Duties Collected.~ + +Resolve appointing the attorney-general to collect back duties on +Negroes. _Colonial Records_, IV. 330. + + +~1726, March 5. Pennsylvania: £10 Duty Act.~ + +"An Act for the better regulating of Negroes in this province." Carey +and Bioren, _Laws_, I. 214; Bettle, _Notices of Negro Slavery_, in +_Penn. Hist. Soc. Mem._ (1864), I. 388. + + +~1726, March 5. Pennsylvania: Duty Act.~ + +"An Act for laying a duty on Negroes imported into this province." Carey +and Bioren, _Laws_, I. 213. + + +~1727, February. Virginia: Prohibitive Duty Act (?).~ + +"An Act for laying a Duty on Slaves imported; and for appointing a +Treasurer." Title only found; the duty was probably prohibitive; it was +enacted with a suspending clause, and was not assented to by the king. +Hening, _Statutes_, IV. 182. + + +~1728, Aug. 31. New York: £2 and £4 Duty Act.~ + +"An Act to repeal some Parts and to continue and enforce other Parts of +the Act therein mentioned, and for granting several Duties to His +Majesty, for supporting His Government in the Colony of New York" from +Sept. 1, 1728, to Sept. 1, 1733. Same duty continued by Act of 1732. +_Laws of New York, 1691-1773_, pp. 148, 171; _Doc. rel. Col. Hist. New +York_, VI. 32, 33, 34, 37, 38. + + +~1728, Sept. 14. Massachusetts: Act of 1705 Strengthened.~ + +"An Act more effectually to secure the Duty on the Importation of +Negroes." For seven years; substantially the same law re-enacted Jan. +26, 1738, for ten years. _Mass. Province Laws, 1728-9_, ch. 16; +_1738-9_, ch. 27. + + +~1729, May 10. Pennsylvania: 40s. Duty Act.~ + +"An Act for laying a Duty on Negroes imported into this Province." _Laws +of Pennsylvania_ (ed. 1742), p. 354, ch. 287. + + +~1732, May. Rhode Island: Repeal of Act of 1712.~ + +"Whereas, there was an act made and passed by the General Assembly, at +their session, held at Newport, the 27th day of February, 1711 [O.S., +N.S. = 1712], entitled 'An Act for laying a duty on negro slaves that +shall be imported into this colony,' and this Assembly being directed by +His Majesty's instructions to repeal the same;-- + +"Therefore, be it enacted by the General Assembly ... that the said act +... be, and it is hereby repealed, made null and void, and of none +effect for the future." If this is the act mentioned under Act of 1708, +the title is wrongly cited; if not, the act is lost. _Colonial Records_, +IV. 471. + + +~1732, May. Virginia: Five per cent Duty Act.~ + +"An Act for laying a Duty upon Slaves, to be paid by the Buyers." For +four years; continued and slightly amended by Acts of 1734, 1736, 1738, +1742, and 1745; revived February, 1752, and continued by Acts of +November, 1753, February, 1759, November, 1766, and 1769; revived (or +continued?) by Act of February, 1772, until 1778. Hening, _Statutes_, +IV. 317, 394, 469; V. 28, 160, 318; VI. 217, 353; VII. 281; VIII. 190, +336, 530. + + +~1734, November. New York: Duty Act.~ + +"An act to lay a duty on Negroes & a tax on the Slaves therein mentioned +during the time and for the uses within mentioned." The tax was 1_s._ +yearly per slave. _Doc. rel. Col. Hist. New York_, VI. 38. + + +~1734, Nov. 28. New York: £2 and £4 (?) Duty Act.~ + +"An Act to lay a Duty on the Goods, and a Tax on the Slaves therein +mentioned, during the Time, and for the Uses mentioned in the same." +Possibly there were two acts this year. _Laws of New York, 1691-1773_, +p. 186; _Doc. rel. Col. Hist. New York_, VI. 27. + + +~1735. Georgia: Prohibitive Act.~ + +An "act for rendering the colony of Georgia more defensible by +prohibiting the importation and use of black slaves or negroes into the +same." W.B. Stevens, _History of Georgia_, I. 311; [B. Martyn], _Account +of the Progress of Georgia_ (1741), pp. 9-10; Prince Hoare, _Memoirs of +Granville Sharp_ (London, 1820), p. 157. + + +~1740, April 5. South Carolina: £100 Prohibitive Duty Act.~ + +"An Act for the better strengthening of this Province, by granting to +His Majesty certain taxes and impositions on the purchasers of Negroes +imported," etc. The duty on slaves from America was £150. Continued to +1744. Cooper, _Statutes_, III. 556. Cf. _Abstract Evidence on +Slave-Trade before Committee of House of Commons, 1790-91_ (London, +1791), p. 150. + + +~1740, May. Virginia: Additional Five per cent Duty Act.~ + +"An Act, for laying an additional Duty upon Slaves, to be paid by the +Buyer, for encouraging persons to enlist in his Majesty's service: And +for preventing desertion." To continue until July 1, 1744. Hening, +_Statutes_, V. 92. + + +~1751, June 14. South Carolina: White Servants Encouraged.~ + +"An Act for the better strengthening of this Province, by granting to +His Majesty certain Taxes and Impositions on the purchasers of Negroes +and other slaves imported, and for appropriating the same to the uses +therein mentioned, and for granting to His Majesty a duty on Liquors and +other Goods and Merchandize, for the uses therein mentioned, and for +exempting the purchasers of Negroes and other slaves imported from +payment of the Tax, and the Liquors and other Goods and Merchandize from +the duties imposed by any former Act or Acts of the General Assembly of +this Province." + +"Whereas, the best way to prevent the mischiefs that may be attended by +the great importation of negroes into this Province, will be to +establish a method by which such importation should be made a necessary +means of introducing a proportionable number of white inhabitants into +the same; therefore for the effectual raising and appropriating a fund +sufficient for the better settling of this Province with white +inhabitants, we, his Majesty's most dutiful and loyal subjects, the +House of Assembly now met in General Assembly, do cheerfully give and +grant unto the King's most excellent Majesty, his heirs and successors, +the several taxes and impositions hereinafter mentioned, for the uses +and to be raised, appropriated, paid and applied as is hereinafter +directed and appointed, and not otherwise, and do humbly pray his most +sacred Majesty that it may be enacted, + +§ 1. "_And be it enacted_, by his Excellency James Glen, Esquire, +Governor in chief and Captain General in and over the Province of South +Carolina, by and with the advice and consent of his Majesty's honorable +Council, and the House of Assembly of the said Province, and by the +authority of the same, That from and immediately after the passing of +this Act, there shall be imposed on and paid by all and every the +inhabitants of this Province, and other person and persons whosoever, +first purchasing any negro or other slave, hereafter to be imported, a +certain tax or sum of ten pounds current money for every such negro and +other slave of the height of four feet two inches and upwards; and for +every one under that height, and above three feet two inches, the sum of +five pounds like money; and for all under three feet two inches, +(sucking children excepted) two pounds and ten shillings like money, +which every such inhabitant of this Province, and other person and +persons whosoever shall so purchase or buy as aforesaid, which said sums +of ten pounds and five pounds and two pounds and ten shillings +respectively, shall be paid by such purchaser for every such slave, at +the time of his, her or their purchasing of the same, to the public +treasurer of this Province for the time being, for the uses hereinafter +mentioned, set down and appointed, under pain of forfeiting all and +every such negroes and slaves, for which the said taxes or impositions +shall not be paid, pursuant to the directions of this Act, to be sued +for, recovered and applied in the manner hereinafter directed." + +§ 6. "_And be it further enacted_ by the authority aforesaid, That the +said tax hereby imposed on negroes and other slaves, paid or to be paid +by or on the behalf of the purchasers as aforesaid, by virtue of this +Act, shall be applied and appropriated as followeth, and to no other +use, or in any other manner whatever, (that is to say) that three-fifth +parts (the whole into five equal parts to be divided) of the net sum +arising by the said tax, for and during the term of five years from the +time of passing this Act, be applied and the same is hereby applied for +payment of the sum of six pounds proclamation money to every poor +foreign protestant whatever from Europe, or other poor protestant (his +Majesty's subject) who shall produce a certificate under the seal of any +corporation, or a certificate under the hands of the minister and +church-wardens of any parish, or the minister and elders of any church, +meeting or congregation in Great Britain or Ireland, of the good +character of such poor protestant, above the age of twelve and under the +age of fifty years, and for payment of the sum of three pounds like +money, to every such poor protestant under the age of twelve and above +the age of two years; who shall come into this Province within the first +three years of the said term of five years, and settle on any part of +the southern frontier lying between Pon Pon and Savannah rivers, or in +the central parts of this Province," etc. For the last two years the +bounty is £4 and £2. + +§ 7. After the expiration of this term of five years, the sum is +appropriated to the protestants settling anywhere in the State, and the +bounty is £2 13_s._ 4_d._, and £1 6_s._ 8_d._ + +§ 8. One other fifth of the tax is appropriated to survey lands, and the +remaining fifth as a bounty for ship-building, and for encouraging the +settlement of ship-builders. + +§ 14. Rebate of three-fourths of the tax allowed in case of +re-exportation of the slaves in six months. + +§ 16. "_And be it further enacted_ by the authority aforesaid, That +every person or persons who after the passing this Act shall purchase +any slave or slaves which shall be brought or imported into this +Province, either by land or water, from any of his Majesty's plantations +or colonies in America, that have been in any such colony or plantation +for the space of six months; and if such slave or slaves have not been +so long in such colony or plantation, the importer shall be obliged to +make oath or produce a proper certificate thereof, or otherwise every +such importer shall pay a further tax or imposition of fifty pounds, +over and besides the tax hereby imposed for every such slave which he or +they shall purchase as aforesaid." Actual settlers bringing slaves are +excepted. + +§ 41. This act to continue in force ten years from its passage, and +thence to the end of the next session of the General Assembly, and no +longer. Cooper, _Statutes_, III. 739. + + +~1753, Dec. 12. New York: 5 oz. and 10 oz. plate Duty Act.~ + +"An Act for granting to His Majesty the several Duties and Impositions, +on Goods, Wares and Merchandizes imported into this Colony, therein +mentioned." Annually continued until 1767, or perhaps until 1774. _Laws +of New York, 1752-62_, p. 21, ch. xxvii.; _Doc. rel. Col. Hist. New +York_, VII. 907; VIII. 452. + + +~1754, February. Virginia: Additional Five per cent Duty Act.~ + +"An Act for the encouragement and protection of the settlers upon the +waters of the Mississippi." For three years; continued in 1755 and 1763; +revived in 1772, and continued until 1778. Hening, _Statutes_, VI. 417, +468; VII. 639; VIII. 530. + + +~1754, July 25. Maryland: Additional 10s. Duty Act.~ + +"An Act for his Majesty's Service." Bacon, _Laws_, 1754, ch. ix. + + +~1755, May. Virginia: Additional Ten per cent Duty Act.~ + +"An act to explain an act, intituled, An act for raising the sum of +twenty thousand pounds, for the protection of his majesty's subjects, +against the insults and encroachments of the French; and for other +purposes therein mentioned." + +§ 10. " ... from and after the passing of this act, there shall be +levied and paid to our sovereign lord the king, his heirs and +successors, for all slaves imported, or brought into this colony and +dominion for sale, either by land or water, from any part [port] or +place whatsoever, by the buyer, or purchaser, after the rate of ten per +centum, on the amount of each respective purchase, over and above the +several duties already laid on slaves, imported as aforesaid, by an act +or acts of Assembly, now subsisting, and also over and above the duty +laid by" the Act of 1754. Repealed by Act of May, 1760, § 11, " ... +inasmuch as the same prevents the importation of slaves, and thereby +lessens the fund arising from the duties upon slaves." Hening, +_Statutes_, VI. 461; VII. 363. Cf. _Dinwiddie Papers_, II. 86. + + +~1756, March 22. Maryland: Additional 20s. Duty Act.~ + +"An Act for granting a Supply of Forty Thousand Pounds, for his +Majesty's Service," etc. For five years. Bacon, _Laws_, 1756, ch. v. + + +~1757, April. Virginia: Additional Ten per cent Duty Act.~ + +"An Act for granting an aid to his majesty for the better protection of +this colony, and for other purposes therein mentioned." + +§ 22. " ... from and after the ninth day of July, one thousand seven +hundred and fifty-eight, during the term of seven years, there shall be +paid for all slaves imported into this colony, for sale, either by land +or water, from any port or place whatsoever, by the buyer or purchaser +thereof, after the rate of ten per centum on the amount of each +respective purchase, over and above the several duties already laid upon +slaves imported, as aforesaid, by any act or acts of Assembly now +subsisting in this colony," etc. Repealed by Act of March, 1761, § 6, as +being "found very inconvenient." Hening, _Statutes_, VII. 69, 383. + + +~1759, November. Virginia: Twenty per cent Duty Act.~ + +"An Act to oblige the persons bringing slaves into this colony from +Maryland, Carolina, and the West-Indies, for their own use, to pay a +duty." + +§ 1. " ... from and after the passing of this act, there shall be paid +... for all slaves imported or brought into this colony and dominion +from Maryland, North-Carolina, or any other place in America, by the +owner or importer thereof, after the rate of twenty per centum on the +amount of each respective purchase," etc. This act to continue until +April 20, 1767; continued in 1766 and 1769, until 1773; altered by Act +of 1772, _q.v. Ibid._, VII. 338; VIII. 191, 336. + + +~1760. South Carolina: Total Prohibition.~ + +Text not found; act disallowed by Great Britain. Cf. Burge, +_Commentaries_, I. 737, note; W.B. Stevens, _History of Georgia_, I. +286. + + +~1761, March 14. Pennsylvania: £10 Duty Act.~ + +"An Act for laying a duty on Negroes and Mulattoe slaves, imported into +this province." Continued in 1768; repealed (or disallowed) in 1780. +Carey and Bioren, _Laws_, I. 371, 451; _Acts of Assembly_ (ed. 1782), p. +149; _Colonial Records_ (1852), VIII. 576. + + +~1761, April 22. Pennsylvania: Prohibitive Duty Act.~ + +"A Supplement to an act, entituled An Act for laying a duty on Negroes +and Mulattoe slaves, imported into this province." Continued in 1768. +Carey and Bioren, _Laws_, I. 371, 451; Bettle, _Notices of Negro +Slavery_, in _Penn. Hist. Soc. Mem._ (1864), I. 388-9. + + +~1763, Nov. 26. Maryland: Additional £2 Duty Act.~ + +"An Act for imposing an additional Duty of Two Pounds per Poll on all +Negroes Imported into this Province." + +§ 1. All persons importing Negroes by land or water into this province, +shall at the time of entry pay to the naval officer the sum of two +pounds, current money, over and above the duties now payable by law, for +every Negro so imported or brought in, on forfeiture of £10 current +money for every Negro so brought in and not paid for. One half of the +penalty is to go to the informer, the other half to the use of the +county schools. The duty shall be collected, accounted for, and paid by +the naval officers, in the same manner as former duties on Negroes. + +§ 2. But persons removing from any other of his Majesty's dominions in +order to settle and reside within this province, may import their slaves +for carrying on their proper occupations at the time of removal, duty +free. + +§ 3. Importers of Negroes, exporting the same within two months of the +time of their importation, on application to the naval officer shall be +paid the aforesaid duty. Bacon, _Laws_, 1763, ch. xxviii. + + +~1763 (circa). New Jersey: Prohibitive Duty Act.~ + +"An Act for laying a duty on Negroes and Mulatto Slaves Imported into +this Province." Disallowed (?) by Great Britain. _N.J. Archives_, IX. +345-6, 383, 447, 458. + + +~1764, Aug. 25. South Carolina: Additional £100 Duty Act.~ + +"An Act for laying an additional duty upon all Negroes hereafter to be +imported into this Province, for the time therein mentioned, to be paid +by the first purchasers of such Negroes." Cooper, _Statutes_, IV 187. + + +~1766, November. Virginia: Proposed Duty Act.~ + +"An act for laying an additional duty upon slaves imported into this +colony." + +§ 1. " ... from and after the passing of this act there shall be levied +and paid ... for all slaves imported or brought into this colony for +sale, either by land or water from any port or place whatsoever, by the +buyer or purchaser, after the rate of ten per centum on the amount of +each respective purchase over and above the several duties already laid +upon slaves imported or brought into this colony as aforesaid," etc. To +be suspended until the king's consent is given, and then to continue +seven years. The same act was passed again in 1769. Hening, _Statutes_, +VIII. 237, 337. + + +~1766. Rhode Island: Restrictive Measure (?).~ + +Title and text not found. Cf. _Digest_ of 1798, under "Slave Trade;" +_Public Laws of Rhode Island_ (revision of 1822), p. 441. + + +~1768, Feb. 20. Pennsylvania: Re-enactment of Acts of 1761.~ + +Titles only found. Dallas, _Laws_, I. 490; _Colonial Records_ (1852), +IX. 472, 637, 641. + + +~1769, Nov. 16. New Jersey: £15 Duty Act.~ + +"An Act for laying a Duty on the Purchasers of Slaves imported into this +Colony." + +"Whereas Duties on the Importation of Negroes in several of the +neighbouring Colonies hath, on Experience, been found beneficial in the +Introduction of sober, industrious Foreigners, to settle under His +Majesty's Allegiance, and the promoting a Spirit of Industry among the +Inhabitants in general: _In order therefore_ to promote the same good +Designs in this Government, and that such as choose to purchase Slaves +may contribute some equitable Proportion of the publick Burdens," etc. +A duty of "_Fifteen Pounds_, Proclamation Money, is laid." _Acts of +Assembly_ (Allinson, 1776), p. 315. + + +~1769 (circa). Connecticut: Importation Prohibited (?).~ + +Title and text not found. "Whereas, the increase of slaves is injurious +to the poor, and inconvenient, therefore," etc. Fowler, _Historical +Status of the Negro in Connecticut_, in _Local Law_, etc., p. 125. + + +~1770. Rhode Island: Bill to Prohibit Importation.~ + +Bill to prohibit importation of slaves fails. Arnold, _History of Rhode +Island_ (1859), II. 304, 321, 337. + + +~1771, April 12. Massachusetts: Bill to Prevent Importation.~ + +Bill passes both houses and fails of Governor Hutchinson's assent. +_House Journal_, pp. 211, 215, 219, 228, 234, 236, 240, 242-3. + + +~1771. Maryland: Additional £5 Duty Act.~ + +"An Act for imposing a further additional duty of five pounds current +money per poll on all negroes imported into this province." For seven +years. _Laws of Maryland since 1763_: 1771, ch. vii.; cf. 1773, sess. +Nov.-Dec., ch. xiv. + + +~1772, April 1. Virginia: Address to the King.~ + +" ... The importation of slaves into the colonies from the coast of +Africa hath long been considered as a trade of great inhumanity, and +under its _present encouragement_, we have too much reason to fear _will +endanger the very existence_ of your majesty's American dominions.... + +"Deeply impressed with these sentiments, we most humbly beseech your +majesty to _remove all those restraints_ on your majesty's governors of +this colony, _which inhibit their assenting to such laws as might check +so very pernicious a commerce_." _Journals of the House of Burgesses_, +p. 131; quoted in Tucker, _Dissertation on Slavery_ (repr. 1861), p. 43. + + +~1773, Feb. 26. Pennsylvania: Additional £10 Duty Act.~ + +"An Act for making perpetual the act ... [of 1761] ... and laying an +additional duty on the said slaves." Dallas, _Laws_, I. 671; _Acts of +Assembly_ (ed. 1782), p. 149. + + +~1774, March, June. Massachusetts: Bills to Prohibit Importation.~ + +Two bills designed to prohibit the importation of slaves fail of the +governor's assent. First bill: _General Court Records_, XXX. 248, 264; +_Mass. Archives, Domestic Relations, 1643-1774_, IX. 457. Second bill: +_General Court Records_, XXX. 308, 322. + + +~1774, June. Rhode Island: Importation Restricted.~ + +"An Act prohibiting the importation of Negroes into this Colony." + +"Whereas, the inhabitants of America are generally engaged in the +preservation of their own rights and liberties, among which, that of +personal freedom must be considered as the greatest; as those who are +desirous of enjoying all the advantages of liberty themselves, should be +willing to extend personal liberty to others;-- + +"Therefore, be it enacted ... that for the future, no negro or mulatto +slave shall be brought into this colony; and in case any slave shall +hereafter be brought in, he or she shall be, and are hereby, rendered +immediately free, so far as respects personal freedom, and the enjoyment +of private property, in the same manner as the native Indians." + +"Provided that the slaves of settlers and travellers be excepted. + +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave brought from the coast of Africa, +into the West Indies, on board any vessel belonging to this colony, and +which negro or mulatto slave could not be disposed of in the West +Indies, but shall be brought into this colony. + +"Provided, that the owner of such negro or mulatto slave give bond to +the general treasurer of the said colony, within ten days after such +arrival in the sum of £100, lawful money, for each and every such negro +or mulatto slave so brought in, that such negro or mulatto slave shall +be exported out of the colony, within one year from the date of such +bond; if such negro or mulatto be alive, and in a condition to be +removed." + +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave that may be on board any vessel +belonging to this colony, now at sea, in her present voyage." Heavy +penalties are laid for bringing in Negroes in order to free them. +_Colonial Records_, VII. 251-3. + +[1784, February: "It is voted and resolved, that the whole of the clause +contained in an act of this Assembly, passed at June session, +A.D. 1774, permitting slaves brought from the coast of Africa +into the West Indies, on board any vessel belonging to this (then +colony, now) state, and who could not be disposed of in the West Indies, +&c., be, and the same is, hereby repealed." _Colonial Records_, X. 8.] + + +~1774, October. Connecticut: Importation Prohibited.~ + +"An Act for prohibiting the Importation of Indian, Negro or Molatto +Slaves." + +" ... no indian, negro or molatto Slave shall at any time hereafter be +brought or imported into this Colony, by sea or land, from any place or +places whatsoever, to be disposed of, left or sold within this Colony." +This was re-enacted in the revision of 1784, and slaves born after 1784 +were ordered to be emancipated at the age of twenty-five. _Colonial +Records_, XIV. 329; _Acts and Laws of Connecticut_ (ed. 1784), pp. +233-4. + + +~1774. New Jersey: Proposed Prohibitive Duty.~ + +"A Bill for laying a Duty on Indian, Negroe and Molatto Slaves, imported +into this Colony." Passed the Assembly, and was rejected by the Council +as "plainly" intending "an intire Prohibition," etc. _N.J. Archives_, +1st Series, VI. 222. + + +~1775, March 27. Delaware: Bill to Prohibit Importation.~ + +Passed the Assembly and was vetoed by the governor. Force, _American +Archives_, 4th Series, II. 128-9. + + +~1775, Nov. 23. Virginia: On Lord Dunmore's Proclamation.~ + +Williamsburg Convention to the public: "Our Assemblies have repeatedly +passed acts, laying heavy duties upon imported Negroes, by which they +meant altogether to prevent the horrid traffick; but their humane +intentions have been as often frustrated by the cruelty and covetousness +of a set of _English_ merchants." ... The Americans would, if possible, +"not only prevent any more Negroes from losing their freedom, but +restore it to such as have already unhappily lost it." This is evidently +addressed in part to Negroes, to keep them from joining the British. +_Ibid._, III. 1387. + + +~1776, June 29. Virginia: Preamble to Frame of Government.~ + +Blame for the slave-trade thrown on the king. See above, page 21. +Hening, _Statutes_, IX. 112-3. + + +~1776, Aug.-Sept. Delaware: Constitution.~ + +"The Constitution or system of Government agreed to and resolved upon by +the Representatives in full Convention of the Delaware State," etc. + +§ 26. "No person hereafter imported into this State from _Africa_ ought +to be held in slavery on any pretence whatever; and no Negro, Indian, or +Mulatto slave ought to be brought into this State, for sale, from any +part of the world." Force, _American Archives_, 5th Series, I. 1174-9. + + +~1777, July 2. Vermont: Slavery Condemned.~ + +The first Constitution declares slavery a violation of "natural, +inherent and unalienable rights." _Vermont State Papers, 1779-86_, p. +244. + + +~1777. Maryland: Negro Duty Maintained.~ + +"An Act concerning duties." + +" ... no duties imposed by act of assembly on any article or thing +imported into or exported out of this state (except duties imposed on +the importation of negroes), shall be taken or received within two years +from the end of the present session of the general assembly." _Laws of +Maryland since 1763_: 1777, sess. Feb.-Apr., ch. xviii. + + +~1778, Sept. 7. Pennsylvania: Act to Collect Back Duties.~ + +"An Act for the recovery of the duties on Negroes and Mulattoe slaves, +which on the fourth day of July, one thousand seven hundred and +seventy-six, were due to this state," etc. Dallas, _Laws_, I. 782. + + +~1778, October. Virginia: Importation Prohibited.~ + +"An act for preventing the farther importation of Slaves. + +§ 1. "For preventing the farther importation of slaves into this +commonwealth, _Be it enacted by the General Assembly_, That from and +after the passing of this act no slave or slaves shall hereafter be +imported into this commonwealth by sea or land, nor shall any slaves so +imported be sold or bought by any person whatsoever. + +§ 2. "Every person hereafter importing slaves into this commonwealth +contrary to this act shall forfeit and pay the sum of one thousand +pounds for every slave so imported, and every person selling or buying +any such slaves shall in like manner forfeit and pay the sum of five +hundred pounds for every slave so sold or bought," etc. + +§ 3. "_And be it farther enacted_, That every slave imported into this +commonwealth, contrary to the true intent and meaning of this act, +shall, upon such importation become free." + +§ 4. Exceptions are _bona fide_ settlers with slaves not imported later +than Nov. 1, 1778, nor intended to be sold; and transient travellers. +Re-enacted in substance in the revision of October, 1785. For a +temporary exception to this act, as concerns citizens of Georgia and +South Carolina during the war, see Act of May, 1780. Hening, _Statutes_, +IX. 471; X. 307; XII. 182. + + +~1779, October. Rhode Island: Slave-Trade Restricted.~ + +"An Act prohibiting slaves being sold out of the state, against their +consent." Title only found. _Colonial Records_, VIII. 618; Arnold, +_History of Rhode Island_, II. 449. + + +~1779. Vermont: Importation Prohibited.~ + +"An Act for securing the general privileges of the people," etc. The act +abolished slavery. _Vermont State Papers, 1779-86_, p. 287. + + +~1780. Massachusetts: Slavery Abolished.~ + +Passage in the Constitution which was held by the courts to abolish +slavery: "Art. I. All men are born free and equal, and have certain, +natural, essential, and unalienable rights; among which may be reckoned +the right of enjoying and defending their lives and liberties," etc. +_Constitution of Massachusetts_, Part I., Art. 1; prefixed to _Perpetual +Laws_ (1789). + + +~1780, March 1. Pennsylvania: Slavery Abolished.~ + +"An Act for the gradual abolition of slavery." + +§ 5. All slaves to be registered before Nov. 1. + +§ 10. None but slaves "registered as aforesaid, shall, at any time +hereafter, be deemed, adjudged, or holden, within the territories of +this commonwealth, as slaves or servants for life, but as free men and +free women; except the domestic slaves attending upon Delegates in +Congress from the other American States," and those of travellers not +remaining over six months, foreign ministers, etc., "provided such +domestic slaves be not aliened or sold to any inhabitant," etc. + +§ 11. Fugitive slaves from other states may be taken back. + +§ 14. Former duty acts, etc., repealed. Dallas, _Laws_, I. 838. Cf. +_Penn. Archives_, VII. 79; VIII. 720. + + +~1783, April. Confederation: Slave-Trade in Treaty of 1783.~ + +"To the earnest wish of Jay that British ships should have no right +under the convention to carry into the states any slaves from any part +of the world, it being the intention of the United States entirely to +prohibit their importation, Fox answered promptly: 'If that be their +policy, it never can be competent to us to dispute with them their own +regulations.'" Fox to Hartley, June 10, 1783, in Bancroft, _History of +the Constitution_, I. 61. Cf. Sparks, _Diplomatic Correspondence_, X. +154, June, 1783. + + +~1783. Maryland: Importation Prohibited.~ + +"An Act to prohibit the bringing slaves into this state." + +" ... it shall not be lawful, after the passing this act, to import or +bring into this state, by land or water, any negro, mulatto, or other +slave, for sale, or to reside within this state; and any person brought +into this state as a slave contrary to this act, if a slave before, +shall thereupon immediately cease to be a slave, and shall be free; +provided that this act shall not prohibit any person, being a citizen of +some one of the United States, coming into this state, with a _bona +fide_ intention of settling therein, and who shall actually reside +within this state for one year at least, ... to import or bring in any +slave or slaves which before belonged to such person, and which slave or +slaves had been an inhabitant of some one of the United States, for the +space of three whole years next preceding such importation," etc. _Laws +of Maryland since 1763_: 1783, sess. April--June, ch. xxiii. + + +~1783, Aug. 13. South Carolina: £3 and £20 Duty Act.~ + +"An Act for levying and collecting certain duties and imposts therein +mentioned, in aid of the public revenue." Cooper, _Statutes_, IV. 576. + + +~1784, February. Rhode Island: Manumission.~ + +"An Act authorizing the manumission of negroes, mulattoes, and others, +and for the gradual abolition of slavery." Persons born after March, +1784, to be free. Bill framed pursuant to a petition of Quakers. +_Colonial Records_, X. 7-8; Arnold, _History of Rhode Island_, II. 503. + + +~1784, March 26. South Carolina: £3 and £5 Duty Act.~ + +"An Act for levying and collecting certain Duties," etc. Cooper, +_Statutes_, IV. 607. + + +~1785, April 12. New York: Partial Prohibition.~ + +"An Act granting a bounty on hemp to be raised within this State, and +imposing an additional duty on sundry articles of merchandise, and for +other purposes therein mentioned." + +" ... _And be it further enacted by the authority aforesaid_, That if +any negro or other person to be imported or brought into this State from +any of the United States or from any other place or country after the +first day of June next, shall be sold as a slave or slaves within this +State, the seller or his or her factor or agent, shall be deemed guilty +of a public offence, and shall for every such offence forfeit the sum of +one hundred pounds lawful money of New York, to be recovered by any +person," etc. + +"_And be it further enacted_ ... That every such person imported or +brought into this State and sold contrary to the true intent and meaning +of this act shall be freed." _Laws of New York, 1785-88_ (ed. 1886), pp. +120-21. + + +~1785. Rhode Island: Restrictive Measure (?).~ + +Title and text not found. Cf. _Public Laws of Rhode Island_ (revision of +1822), p. 441. + + +~1786, March 2. New Jersey: Importation Prohibited.~ + +"An Act to prevent the importation of Slaves into the State of New +Jersey, and to authorize the Manumission of them under certain +restrictions, and to prevent the Abuse of Slaves." + +"Whereas the Principles of Justice and Humanity require that the +barbarous Custom of bringing the unoffending African from his native +Country and Connections into a State of Slavery ought to be +discountenanced, and as soon as possible prevented; and sound Policy +also requires, in order to afford ample Support to such of the Community +as depend upon their Labour for their daily Subsistence, that the +Importation of Slaves into this State from any other State or Country +whatsoever, ought to be prohibited under certain Restrictions; and that +such as are under Servitude in the State ought to be protected by Law +from those Exercises of Wanton Cruelty too often practiced upon them; +and that every unnecessary Obstruction in the Way of freeing Slaves +should be removed; therefore, + +§ 1. "_Be it Enacted by the Council and General Assembly of this State, +and it is hereby Enacted by the Authority of the same_, That from and +after the Publication of this Act, it shall not be lawful for any Person +or Persons whatsoever to bring into this State, either for Sale or for +Servitude, any Negro Slave brought from Africa since the Year Seventeen +Hundred and Seventy-six; and every Person offending by bringing into +this State any such Negro Slave shall, for each Slave, forfeit and Pay +the Sum of Fifty Pounds, to be sued for and recovered with Costs by the +Collector of the Township into which such Slave shall be brought, to be +applied when recovered to the Use of the State. + +§ 2. "_And be it further Enacted by the Authority aforesaid_, That if +any Person shall either bring or procure to be brought into this State, +any Negro or Mulatto Slave, who shall not have been born in or brought +from Africa since the Year above mentioned, and either sell or buy, or +cause such Negro or Mulatto Slave to be sold or remain in this State, +for the Space of six Months, every such Person so bringing or procuring +to be brought or selling or purchasing such Slave, not born in or +brought from Africa since the Year aforesaid, shall for every such +Slave, forfeit and pay the Sum of Twenty Pounds, to be sued for and +recovered with Costs by the Collector of the Township into which such +Slave shall be brought or remain after the Time limited for that +Purpose, the Forfeiture to be applied to the Use of the State as +aforesaid. + +§ 3. "_Provided always, and be it further Enacted by the Authority +aforesaid_, That Nothing in this Act contained shall be construed to +prevent any Person who shall remove into the State, to take a settled +Residence here, from bringing all his or her Slaves without incurring +the Penalties aforesaid, excepting such Slaves as shall have been +brought from Africa since the Year first above mentioned, or to prevent +any Foreigners or others having only a temporary Residence in this +State, for the Purpose of transacting any particular Business, or on +their Travels, from bringing and employing such Slaves as Servants, +during the Time of his or her Stay here, provided such Slaves shall not +be sold or disposed of in this State." _Acts of the Tenth General +Assembly_ (Tower Collection of Laws). + + +~1786, Oct. 30. Vermont: External Trade Prohibited.~ + +"An act to prevent the sale and transportation of Negroes and Molattoes +out of this State." £100 penalty. _Statutes of Vermont_ (ed. 1787), p. +105. + + +~1786. North Carolina: Prohibitive Duty.~ + +"An act to impose a duty on all slaves brought into this state by land +or water." + +"Whereas the importation of slaves into this state is productive of evil +consequences, and highly impolitic," etc. A prohibitive duty is imposed. +The exact text was not found. + +§ 6. Slaves introduced from States which have passed emancipation acts +are to be returned in three months; if not, a bond of £50 is to be +forfeited, and a fine of £100 imposed. + +§ 8. Act to take effect next Feb. 1; repealed by Act of 1790, ch. 18. +Martin, _Iredell's Acts of Assembly_, I. 413, 492. + + +~1787, Feb. 3. Delaware: Exportation Prohibited.~ + +"An Act to prevent the exportation of slaves, and for other purposes." +_Laws of Delaware_ (ed. 1797), p. 884, ch. 145 b. + + +~1787, March 28. South Carolina: Total Prohibition.~ + +"An Act to regulate the recovery and payment of debts and for +prohibiting the importation of negroes for the time therein mentioned." +Title only given. Grimké, _Public Laws_, p. lxviii, No. 1485. + + +~1787, March 28. South Carolina: Importation Prohibited.~ + +"An Ordinance to impose a Penalty on any person who shall import into +this State any Negroes, contrary to the Instalment Act." + +1. "_Be it ordained_, by the honorable the Senate and House of +Representatives, met in General Assembly, and by the authority of the +same, That any person importing or bringing into this State a negro +slave, contrary to the Act to regulate the recovery of debts and +prohibiting the importation of negroes, shall, besides the forfeiture of +such negro or slave, be liable to a penalty of one hundred pounds, to +the use of the State, for every such negro or slave so imported and +brought in, in addition to the forfeiture in and by the said Act +prescribed." Cooper, _Statutes_, VII. 430. + + +~1787, October. Rhode Island: Importation Prohibited.~ + +"An act to prevent the slave trade and to encourage the abolition of +slavery." This act prohibited and censured trade under penalty of £100 +for each person and £1,000 for each vessel. Bartlett, _Index to the +Printed Acts and Resolves_, p. 333; _Narragansett Historical Register_, +II. 298-9. + + * * * * * + + + +APPENDIX B. + +A CHRONOLOGICAL CONSPECTUS OF STATE, NATIONAL, AND INTERNATIONAL +LEGISLATION. + +1788-1871. + + + As the State statutes and Congressional reports and bills are + difficult to find, the significant parts of such documents are + printed in full. In the case of national statutes and treaties, + the texts may easily be found through the references. + + +~1788, Feb. 22. New York: Slave-Trade Prohibited.~ + +"An Act concerning slaves." + +"Whereas in consequence of the act directing a revision of the laws of +this State, it is expedient that the several existing laws relative to +slaves, should be revised, and comprized in one. Therefore, _Be it +enacted_," etc. + +"And to prevent the further importation of slaves into this State, _Be +it further enacted by the authority aforesaid_, That if any person shall +sell as a slave within this State any negro, or other person, who has +been imported or brought into this State, after" June 1, 1785, "such +seller, or his or her factor or agent, making such sale, shall be deemed +guilty of a public offence, and shall for every such offence, forfeit +the sum of one hundred pounds.... _And further_, That every person so +imported ... shall be free." The purchase of slaves for removal to +another State is prohibited under penalty of £100. _Laws of New York, +1785-88_ (ed. 1886), pp. 675-6. + + +~1788, March 25. Massachusetts: Slave-Trade Prohibited.~ + +"An Act to prevent the Slave-Trade, and for granting Relief to the +Families of such unhappy Persons as may be kidnapped or decoyed away +from this Commonwealth." + +"Whereas by the African trade for slaves, the lives and liberties of +many innocent persons have been from time to time sacrificed to the lust +of gain: And whereas some persons residing in this Commonwealth may be +so regardless of the rights of human kind, as to be concerned in that +unrighteous commerce: + +§ 1. "Be it therefore enacted by the Senate and House of Representatives, +in General Court assembled, and by the authority of the same, That no +citizen of this Commonwealth, or other person residing within the same, +shall for himself, or any other person whatsoever, either as master, +factor, supercargo, owner or hirer, in whole or in part, of any vessel, +directly or indirectly, import or transport, or buy or sell, or receive +on board, his or their vessel, with intent to cause to be imported or +transported, any of the inhabitants of any State or Kingdom, in that +part of the world called _Africa_, as slaves, or as servants for term of +years." Any person convicted of doing this shall forfeit and pay the sum +of £50 for every person received on board, and the sum of £200 for every +vessel fitted out for the trade, "to be recovered by action of debt, in +any Court within this Commonwealth, proper to try the same; the one +moiety thereof to the use of this Commonwealth, and the other moiety to +the person who shall prosecute for and recover the same." + +§ 2. All insurance on said vessels and cargo shall be null and void; +"and this act may be given in evidence under the general issue, in any +suit or action commenced for the recovery of insurance so made," etc. + +§ 4. "_Provided_ ... That this act do not extend to vessels which have +already sailed, their owners, factors, or commanders, for and during +their present voyage, or to any insurance that shall have been made, +previous to the passing of the same." _Perpetual Laws of Massachusetts, +1780-89_ (ed. 1789), p. 235. + + +~1788, March 29. Pennsylvania: Slave-Trade Prohibited.~ + +"An Act to explain and amend an act, entituled, 'An Act for the gradual +abolition of slavery.'" + +§ 2. Slaves brought in by persons intending to settle shall be free. + +§ 3. " ... no negro or mulatto slave, or servant for term of years," +except servants of congressmen, consuls, etc., "shall be removed out of +this state, with the design and intention that the place of abode or +residence of such slave or servant shall be thereby altered or changed, +or with the design and intention that such slave or servant, if a +female, and pregnant, shall be detained and kept out of this state till +her delivery of the child of which she is or shall be pregnant, or with +the design and intention that such slave or servant shall be brought +again into this state, after the expiration of six months from the time +of such slave or servant having been first brought into this state, +without his or her consent, if of full age, testified upon a private +examination, before two Justices of the peace of the city or county in +which he or she shall reside, or, being under the age of twenty-one +years, without his or her consent, testified in manner aforesaid, and +also without the consent of his or her parents," etc. Penalty for every +such offence, £75. + +§ 5. " ... if any person or persons shall build, fit, equip, man, or +otherwise prepare any ship or vessel, within any port of this state, or +shall cause any ship or other vessel to sail from any port of this +state, for the purpose of carrying on a trade or traffic in slaves, to, +from, or between Europe, Asia, Africa or America, or any places or +countries whatever, or of transporting slaves to or from one port or +place to another, in any part or parts of the world, such ship or +vessel, her tackle, furniture, apparel, and other appurtenances, shall +be forfeited to the commonwealth.... And, moreover, all and every person +and persons so building, fitting out," etc., shall forfeit £1000. +Dallas, _Laws_, II. 586. + + +~1788, October. Connecticut: Slave-Trade Prohibited.~ + +"An Act to prevent the Slave-Trade." + +_"Be it enacted by the Governor, Council and Representatives in General +Court assembled, and by the Authority of the same_, That no Citizen or +Inhabitant of this State, shall for himself, or any other Person, either +as Master, Factor, Supercargo, Owner or Hirer, in Whole, or in Part, of +any Vessel, directly or indirectly, import or transport, or buy or sell, +or receive on board his or her Vessel, with Intent to cause to be +imported or transported, any of the Inhabitants of any Country in +Africa, as Slaves or Servants, for Term of Years; upon Penalty of _Fifty +Pounds_, for every Person so received on board, as aforesaid; and of +_Five Hundred Pounds_ for every such Vessel employed in the Importation +or Transportation aforesaid; to be recovered by Action, Bill, Plaint or +Information; the one Half to the Plaintiff, and the other Half to the +Use of this State." And all insurance on vessels and slaves shall be +void. This act to be given as evidence under general issue, in any suit +commenced for recovery of such insurance. + +" ... if any Person shall kidnap ... any free Negro," etc., inhabitant +of this State, he shall forfeit £100. Every vessel clearing for the +coast of Africa or any other part of the world, and suspected to be in +the slave-trade, must give bond in £1000. Slightly amended in 1789. +_Acts and Laws of Connecticut_ (ed. 1784), pp. 368-9, 388. + + +~1788, Nov. 4. South Carolina: Temporary Prohibition.~ + +"An Act to regulate the Payment and Recovery of Debts, and to prohibit +the Importation of Negroes, for the Time therein limited." + +§ 16. "No negro or other slave shall be imported or brought into this +State either by land or water on or before the first of January, 1793, +under the penalty of forfeiting every such slave or slaves to any person +who will sue or inform for the same; and under further penalty of +paying £100 to the use of the State for every such negro or slave so +imported or brought in: _Provided_, That nothing in this prohibition +contained shall extend to such slaves as are now the property of +citizens of the United States, and at the time of passing this act shall +be within the limits of the said United States. + +§ 17. "All former instalment laws, and an ordinance imposing a penalty +on persons importing negroes into this State, passed the 28th day of +March 1787, are hereby repealed." Grimké, _Public Laws_, p. 466. + + +~1789, Feb. 3. Delaware: Slave-Trade Prohibited.~ + +"_An additional Supplementary_ ACT _to an act, intituled_, An act to +prevent the exportation of slaves, and for other purposes." + +"Whereas it is inconsistent with that spirit of general liberty which +pervades the constitution of this state, that vessels should be fitted +out, or equipped, in any of the ports thereof, for the purpose of +receiving and transporting the natives of Africa to places where they +are held in slavery; or that any acts should be deemed lawful, which +tend to encourage or promote such iniquitous traffic among us: + +§ 1. "_Be it therefore enacted by the General Assembly of Delaware_, +That if any owner or owners, master, agent, or factor, shall fit out, +equip, man, or otherwise prepare, any ship or vessel within any port or +place in this state, or shall cause any ship, or other vessel, to sail +from any port or place in this state, for the purpose of carrying on a +trade or traffic in slaves, to, from, or between, Europe, Asia, Africa, +or America, or any places or countries whatever, or of transporting +slaves to, or from, one port or place to another, in any part or parts +of the world; such ship or vessel, her tackle, furniture, apparel, and +other appurtenances, shall be forfeited to this state.... And moreover, +all and every person and persons so fitting out ... any ship or vessel +... shall severally forfeit and pay the sum of Five Hundred Pounds;" +one-half to the state, and one-half to the informer. + +§ 2. "_And whereas_ it has been found by experience, that the act, +intituled, _An act to prevent the exportation of slaves, and for other +purposes_, has not produced all the good effects expected therefrom," +any one exporting a slave to Maryland, Virginia, North Carolina, South +Carolina, Georgia, or the West Indies, without license, shall forfeit +£100 for each slave exported and £20 for each attempt. + +§ 3. Slaves to be tried by jury for capital offences. _Laws of Delaware_ +(ed. 1797), p. 942, ch. 194 b. + + +~1789, May 13. Congress (House): Proposed Duty on Slaves Imported.~ + +A tax of $10 per head on slaves imported, moved by Parker of Virginia. +After debate, withdrawn. _Annals of Cong._, 1 Cong. 1 sess. pp. 336-42. + + +~1789, Sept. 19. Congress (House): Bill to Tax Slaves Imported.~ + +A committee under Parker of Virginia reports, "a bill concerning the +importation of certain persons prior to the year 1808." Read once and +postponed until next session. _House Journal_ (repr. 1826), 1 Cong. 1 +sess. I. 37, 114; _Annals of Cong._, 1 Cong. 1 sess., pp. 366, 903. + + +~1790, March 22. Congress (House): Declaration of Powers.~ + +See above, pages 82-83. + + +~1790, March 22. New York: Amendment of Act of 1788.~ + +"An Act to amend the act entitled 'An act concerning slaves.'" + +"Whereas many inconveniences have arisen from the prohibiting the +exporting of slaves from this State. Therefore + +"_Be it enacted_ ..., That where any slave shall hereafter be convicted +of a crime under the degree of a capital offence, in the supreme court, +or the court of oyer and terminer, and general gaol delivery, or a court +of general sessions of the peace within this State, it shall and may be +lawful to and for the master or mistress to cause such slave to be +transported out of this State," etc. _Laws of New York, 1789-96_ (ed. +1886), p. 151. + + +~1792, May. Connecticut: Act of 1788 Strengthened.~ + +"An Act in addition to an Act, entitled 'An Act to prevent the Slave +Trade.'" + +This provided that persons directly or indirectly aiding or assisting in +slave-trading should be fined £100. All notes, bonds, mortgages, etc., +of any kind, made or executed in payment for any slave imported contrary +to this act, are declared null and void. Persons removing from the State +might carry away their slaves. _Acts and Laws of Connecticut_ (ed. +1784), pp. 412-3. + + +~1792, Dec. 17. Virginia: Revision of Acts.~ + +"An Act to reduce into one, the several acts concerning slaves, free +negroes, and mulattoes." + +§ 1. "_Be it enacted_ ..., That no persons shall henceforth be slaves +within this commonwealth, except such as were so on the seventeenth day +of October," 1785, "and the descendants of the females of them." + +§ 2. "Slaves which shall hereafter be brought into this commonwealth, +and kept therein one whole year together, or so long at different times +as shall amount to one year, shall be free." + +§ 4. "_Provided_, That nothing in this act contained, shall be construed +to extend to those who may incline to remove from any of the United +States and become citizens of this, if within sixty days after such +removal, he or she shall take the following oath before some justice of +the peace of this commonwealth: '_I, A.B., do swear, that my removal +into the state of Virginia, was with no intent of evading the laws for +preventing the further importation of slaves, nor have I brought with me +any slaves, with an intention of selling them, nor have any of the +slaves which I have brought with me, been imported from Africa, or any +of the West India islands, since the first day of November_,'" 1778, +etc. + +§ 53. This act to be in force immediately. _Statutes at Large of +Virginia, New Series_, I. 122. + + +~1792, Dec. 21. South Carolina: Importation Prohibited until 1795.~ + +"An Act to prohibit the importation of Slaves from Africa, or other +places beyond sea, into this State, for two years; and also to prohibit +the importation or bringing in Slaves, or Negroes, Mulattoes, Indians, +Moors or Mestizoes, bound for a term of years, from any of the United +States, by land or by water." + +"Whereas, it is deemed inexpedient to increase the number of slaves +within this State, in our present circumstances and situation; + +§ 1. "_Be it therefore enacted_ ..., That no slave shall be imported +into this State from Africa, the West India Islands, or other place +beyond sea, for and during the term of two years, commencing from the +first day of January next, which will be in the year of our Lord one +thousand seven hundred and ninety-three." + +§ 2. No slaves, Negroes, Indians, etc., bound for a term of years, to be +brought in from any of the United States or bordering countries. +Settlers may bring their slaves. Cooper, _Statutes_, VII. 431. + + +~1793, Dec. 19. Georgia: Importation Prohibited.~ + +"An act to prevent the importation of negroes into this state from the +places herein mentioned." Title only. Re-enacted (?) by the Constitution +of 1798. Marbury and Crawford, _Digest_, p. 442; Prince, _Digest_, p. +786. + + +~1794, North Carolina: Importation Prohibited.~ + +"An act to prevent the further importation and bringing of slaves and +indented servants of colour into this state." + +§ 1. "_Be it enacted_ ..., That from and after the first day of May +next, no slave or indented servant of colour shall be imported or +brought into this state by land or water; nor shall any slave or +indented servant of colour, who may be imported or brought contrary to +the intent and meaning of this act, be bought, sold or hired by any +person whatever." + +§ 2. Penalty for importing, £100 per slave; for buying or selling, the +same. + +§ 4. Persons removing, travelling, etc., are excepted. The act was +amended slightly in 1796. Martin, _Iredell's Acts of Assembly_, II. 53, +94. + + +~1794, March 22. United States Statute: Export Slave-Trade Forbidden.~ + +"An Act to prohibit the carrying on the Slave Trade from the United +States to any foreign place or country." _Statutes at Large_, I. 347. +For proceedings in Congress, see _Senate Journal_ (repr. 1820), 3 Cong. +1 sess. II. 51; _House Journal_ (repr. 1826), 3 Cong. 1 sess. II. 76, +84, 85, 96, 98, 99, 100; _Annals of Cong._, 3 Cong. 1 sess. pp. 64, 70, +72. + + +~1794, Dec. 20. South Carolina: Act of 1792 Extended.~ + +"An Act to revive and extend an Act entitled 'An Act to prohibit the +importation of Slaves from Africa, or other places beyond Sea, into this +State, for two years; and also, to prohibit the importation or bringing +in of Negro Slaves, Mulattoes, Indians, Moors or Mestizoes, bound for a +term of years, from any of the United States, by Land or Water.'" + +§ 1. Act of 1792 extended until Jan. 1, 1797. + +§ 2. It shall not be lawful hereafter to import slaves, free Negroes, +etc., from the West Indies, any part of America outside the United +States, "or from other parts beyond sea." Such slaves are to be +forfeited and sold; the importer to be fined £50; free Negroes to be +re-transported. Cooper, _Statutes_, VII. 433. + + +~1795. North Carolina: Act against West Indian Slaves.~ + +"An act to prevent any person who may emigrate from any of the West +India or Bahama islands, or the French, Dutch or Spanish settlements on +the southern coast of America, from bringing slaves into this state, and +also for imposing certain restrictions on free persons of colour who +may hereafter come into this state." Penalty, £100 for each slave over +15 years of age. _Laws of North Carolina_ (revision of 1819), I. 786. + + +~1796. Maryland: Importation Prohibited.~ + +"An Act relating to Negroes, and to repeal the acts of assembly therein +mentioned." + +"_Be it enacted_ ..., That it shall not be lawful, from and after the +passing of this act, to import or bring into this state, by land or +water, any negro, mulatto or other slave, for sale, or to reside within +this state; and any person brought into this state as a slave contrary +to this act, if a slave before, shall thereupon immediately cease to be +the property of the person or persons so importing or bringing such +slave within this state, and shall be free." + +§ 2. Any citizen of the United States, coming into the State to take up +_bona fide_ residence, may bring with him, or within one year import, +any slave which was his property at the time of removal, "which slaves, +or the mother of which slaves, shall have been a resident of the United +States, or some one of them, three whole years next preceding such +removal." + +§ 3. Such slaves cannot be sold within three years, except by will, etc. +In 1797, "A Supplementary Act," etc., slightly amended the preceding, +allowing guardians, executors, etc., to import the slaves of the estate. +Dorsey, _Laws_, I. 334, 344. + + +~1796, Dec. 19. South Carolina: Importation Prohibited until 1799.~ + +"An Act to prohibit the importation of Negroes, until the first day of +January, one thousand seven hundred and ninety-nine." + +"Whereas, it appears to be highly impolitic to import negroes from +Africa, or other places beyond seas," etc. Extended by acts of Dec. 21, +1798, and Dec. 20, 1800, until Jan. 1, 1803. Cooper, _Statutes_, VII. +434, 436. + + +~1797, Jan. 18. Delaware: Codification of Acts.~ + +"An Act concerning Negro and Mulatto slaves." + +§ 5. " ... any Negro or Mulatto slave, who hath been or shall be brought +into this state contrary to the intent and meaning of [the act of 1787]; +and any Negro or Mulatto slave who hath been or shall be exported, or +sold with an intention for exportation, or carried out for sale from +this state, contrary to the intent and meaning of [the act of 1793], +shall be, and are hereby declared free; any thing in this act to the +contrary notwithstanding." _Laws of Delaware_ (ed. 1797), p. 1321, ch. +124 c. + + +~1798, Jan. 31. Georgia: Importation Prohibited.~ + +"An act to prohibit the further importation of slaves into this state." + +§ 1. " ... six months after the passing of this act, it shall be +unlawful for any person or persons to import into this state, from +Africa or elsewhere, any negro or negroes of any age or sex." Every +person so offending shall forfeit for the first offence the sum of +$1,000 for every negro so imported, and for every subsequent offence the +sum of $1,000, one half for the use of the informer, and one half for +the use of the State. + +§ 2. Slaves not to be brought from other States for sale after three +months. + +§ 3. Persons convicted of bringing slaves into this State with a view to +sell them, are subject to the same penalties as if they had sold them. +Marbury and Crawford, _Digest_, p. 440. + + +~1798, March 14. New Jersey: Slave-Trade Prohibited.~ + +"An Act respecting slaves." + +§ 12. "_And be it enacted_, That from and after the passing of this act, +it shall not be lawful for any person or persons whatsoever, to bring +into this state, either for sale or for servitude, any negro or other +slave whatsoever." Penalty, $140 for each slave; travellers and +temporary residents excepted. + +§ 17. Any persons fitting out vessels for the slave-trade shall forfeit +them. Paterson, _Digest_, p. 307. + + +~1798, April 7. United States Statute: Importation into Mississippi +Territory Prohibited.~ + +"An Act for an amicable settlement of limits with the state of Georgia, +and authorizing the establishment of a government in the Mississippi +territory." _Statutes at Large_, I. 549. For proceedings in Congress, +see _Annals of Cong._, 5 Cong. 2 sess. pp. 511, 512, 513, 514, 515, 532, +533, 1235, 1249, 1277-84, 1296, 1298-1312, 1313, 1318. + + +~1798, May 30. Georgia: Constitutional Prohibition.~ + +Constitution of Georgia:-- + +Art. IV § 11. "There shall be no future importation of slaves into this +state from Africa, or any foreign place, after the first day of October +next. The legislature shall have no power to pass laws for the +emancipation of slaves, without the consent of each of their respective +owners previous to such emancipation. They shall have no power to +prevent emigrants, from either of the United States to this state, from +bringing with them such persons as may be deemed slaves, by the laws of +any one of the United States." Marbury and Crawford, _Digest_, p. 30. + + +~1800, May 10. United States Statute: Americans Forbidden to Trade from +one Foreign Country to Another.~ + +"An Act in addition to the act intituled 'An act to prohibit the +carrying on the Slave Trade from the United States to any foreign place +or country.'" _Statutes at Large_, II. 70. For proceedings in Congress, +see _Senate Journal_ (repr. 1821), 6 Cong. 1 sess. III. 72, 77, 88, 92. + + +~1800, Dec. 20. South Carolina: Slaves and Free Negroes Prohibited.~ + +"An Act to prevent Negro Slaves and other persons of Colour, from being +brought into or entering this State." Supplemented Dec. 19, 1801, and +amended Dec. 18, 1802. Cooper, _Statutes_, VII. 436, 444, 447. + + +~1801, April 8. New York: Slave-Trade Prohibited.~ + +"An Act concerning slaves and servants." + +" ... _And be it further enacted_, That no slave shall hereafter be +imported or brought into this State, unless the person importing or +bringing such slave shall be coming into this State with intent to +reside permanently therein and shall have resided without this State, +and also have owned such slave at least during one year next preceding +the importing or bringing in of such slave," etc. A certificate, sworn +to, must be obtained; any violation of this act or neglect to take out +such certificate will result in freedom to the slave. Any sale or +limited transfer of any person hereafter imported to be a public +offence, under penalty of $250, and freedom to the slave transferred. +The export of slaves or of any person freed by this act is forbidden, +under penalty of $250 and freedom to the slave. Transportation for crime +is permitted. Re-enacted with amendments March 31, 1817. _Laws of New +York, 1801_ (ed. 1887), pp. 547-52; _Laws of New York, 1817_ (ed. 1817), +p. 136. + + +~1803, Feb. 28. United States Statute: Importation into States +Prohibiting Forbidden.~ + +"An Act to prevent the importation of certain persons into certain +states, where, by the laws thereof, their admission is prohibited." +_Statutes at Large_, II. 205. For copy of the proposed bill which this +replaced, see _Annals of Cong._, 7 Cong. 2 sess. p. 467. For proceedings +in Congress, see _House Journal_ (repr. 1826), 7 Cong. 2 sess. IV 304, +324, 347; _Senate Journal_ (repr. 1821), 7 Cong. 2 sess. III. 267, 268, +269-70, 273, 275, 276, 279. + + +~1803, Dec. 17. South Carolina: African Slaves Admitted.~ + +"An Act to alter and amend the several Acts respecting the importation +or bringing into this State, from beyond seas, or elsewhere, Negroes and +other persons of colour; and for other purposes therein mentioned." + +§ 1. Acts of 1792, 1794, 1796, 1798, 1800, 1802, hereby repealed. + +§ 2. Importation of Negroes from the West Indies prohibited. + +§ 3. No Negro over fifteen years of age to be imported from the United +States except under certificate of good character. + +§ 5. Negroes illegally imported to be forfeited and sold, etc. Cooper, +_Statutes_, VII. 449. + + +~1804.~ [~Denmark.~ + +Act of 1792 abolishing the slave-trade goes into effect.] + + +~1804, Feb. 14. Congress (House): Proposed Censure of South Carolina.~ + +Representative Moore of South Carolina offered the following resolution, +as a substitute to Mr. Bard's taxing proposition of Jan. 6:-- + +"_Resolved_, That this House receive with painful sensibility +information that one of the Southern States, by a repeal of certain +prohibitory laws, have permitted a traffic unjust in its nature, and +highly impolitic in free Governments." Ruled out of order by the +chairman of the Committee of the Whole. _Annals of Cong._, 8 Cong. 1 +sess. p. 1004. + + +~1804, Feb. 15. Congress (House): Proposed Duty.~ + +"_Resolved_, That a tax of ten dollars be imposed on every slave +imported into any part of the United States." + +"_Ordered_, That a bill, or bills, be brought in, pursuant to the said +resolution," etc. Feb. 16 "a bill laying a duty on slaves imported into +the United States" was read, but was never considered. _House Journal_ +(repr. 1826), 8 Cong. 1 sess. IV 523, 578, 580, 581-2, 585; _Annals of +Cong._, 8 Cong. 1 sess. pp. 820, 876, 991, 1012, 1020, 1024-36. + + +~1804, March 26. United States Statute: Slave-Trade Limited.~ + +"An Act erecting Louisiana into two territories," etc. Acts of 1794 and +1803 extended to Louisiana. _Statutes at Large_, II. 283. For +proceedings in Congress, see _Annals of Cong._, 8 Cong. 1 sess. pp. 106, +211, 223, 231, 233-4, 238, 255, 1038, 1054-68, 1069-79, 1128-30, +1185-9. + + +~1805, Feb. 15. Massachusetts: Proposed Amendment.~ + +"_Resolve requesting the Governor to transmit to the Senators and +Representatives in Congress, and the Executives of the several States +this Resolution, as an amendment to the Constitution of the United +States, respecting Slaves._" June 8, Governor's message; Connecticut +answers that it is inexpedient; Maryland opposes the proposition. +_Massachusetts Resolves_, February, 1805, p. 55; June, 1805, p. 18. See +below, March 3, 1805. + + +~1805, March 2. United States Statute: Slave-Trade to Orleans Territory +Permitted.~ + +"An Act further providing for the government of the territory of +Orleans." + +§ 1. A territorial government erected similar to Mississippi, with same +rights and privileges. + +§ 5. 6th Article of Ordinance of 1787, on slaves, not to extend to this +territory. + +_Statutes at Large_, II. 322. For proceedings in Congress, see _Annals +of Cong._, 8 Cong. 2 sess. pp. 28, 30, 45-6, 47, 48, 54, 59-61, 69, +727-8, 871-2, 957, 1016-9, 1020-1, 1201, 1209-10, 1211. Cf. _Statutes at +Large_, II. 331; _Annals of Cong._, 8 Cong. 2 sess., pp. 50, 51, 52, 57, +68, 69, 1213, 1215. In _Journals_, see Index, Senate Bills Nos. 8, 11. + + +~1805, March 3. Congress (House): Massachusetts Proposition to Amend +Constitution.~ + +Mr. Varnum of Massachusetts presented the resolution of the Legislature +of Massachusetts, "instructing the Senators, and requesting the +Representatives in Congress, from the said State, to take all legal and +necessary steps, to use their utmost exertions, as soon as the same is +practicable, to obtain an amendment to the Federal Constitution, so as +to authorize and empower the Congress of the United States to pass a +law, whenever they may deem it expedient, to prevent the further +importation of slaves from any of the West India Islands, from the coast +of Africa, or elsewhere, into the United States, or any part thereof." A +motion was made that Congress have power to prevent further +importation; it was read and ordered to lie on the table. _House +Journal_ (repr. 1826), 8 Cong. 2 sess. V 171; _Annals of Cong._, 8 Cong. +2 sess. pp. 1221-2. For the original resolution, see _Massachusetts +Resolves_, May, 1802, to March, 1806, Vol. II. A. (State House ed., p. +239.) + + +~1805, Dec. 17. Congress (Senate): Proposition to Prohibit Importation.~ + +A "bill to prohibit the importation of certain persons therein described +into any port or place within the jurisdiction of the United States, +from and after" Jan. 1, 1808, was read twice and postponed. _Senate +Journal_ (repr. 1821), 9 Cong. 1 sess. IV. 10-11; _Annals of Cong._, 9 +Cong. 1 sess. pp. 20-1. + + +~1806, Jan. 20. Congress (House): Vermont Proposed Amendment.~ + +"Mr. Olin, one of the Representatives from the State of Vermont, +presented to the House certain resolutions of the General Assembly of +the said State, proposing an article of amendment to the Constitution of +the United States, to prevent the further importation of slaves, or +people of color, from any of the West India Islands, from the coast of +Africa, or elsewhere, into the United States, or any part thereof; which +were read, and ordered to lie on the table." No further mention found. +_House Journal_ (repr. 1826), 9 Cong. 1 sess. V 238; _Annals of Cong._, +9 Cong. 1 sess. pp. 343-4. + + +~1806, Jan. 25. Virginia: Imported Slaves to be Sold.~ + +"An Act to amend the several laws concerning slaves." + +§ 5. If the jury before whom the importer is brought "shall find that +the said slave or slaves were brought into this commonwealth, and have +remained therein, contrary to the provisions of this act, the court +shall make an order, directing him, her or them to be delivered to the +overseers of the poor, to be by them sold for cash and applied as herein +directed." + +§ 8. Penalty for bringing slaves, $400 per slave; the same for buying +or hiring, knowingly, such a slave. + +§ 16. This act to take effect May 1, 1806. _Statutes at Large of +Virginia_, New Series, III. 251. + + +~1806, Jan. 27. Congress (House): Bill to Tax Slaves Imported.~ + +"A Bill laying a duty on slaves imported into any of the United States." +Finally dropped. _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 129; +_Ibid._, 9 Cong. 1 sess. V. 195, 223, 240, 242, 243-4, 248, 260, 262, +264, 276-7, 287, 294, 305, 309, 338; _Annals of Cong._, 9 Cong. 1 sess. +pp. 273, 274, 346, 358, 372, 434, 442-4, 533. + + +~1806, Feb. 4. Congress (House): Proposition to Prohibit Slave-Trade +after 1807.~ + +Mr. Bidwell moved that the following section be added to the bill for +taxing slaves imported,--that any ship so engaged be forfeited. The +proposition was rejected, yeas, 17, nays, 86 (?). _Annals of Cong._, 9 +Cong. 1 sess. p. 438. + + +~1806, Feb. 10. Congress (House): New Hampshire Proposed Amendment.~ + +"Mr. Tenney ... presented to the House certain resolutions of the +Legislature of the State of New Hampshire, 'proposing an amendment to +the Constitution of the United States, so as to authorize and empower +Congress to pass a law, whenever they may deem it expedient, to prevent +the further importation of slaves,' or people of color, into the United +States, or any part thereof." Read and laid on the table. _House +Journal_ (repr. 1826), 9 Cong. 1 sess. V. 266; _Annals of Cong._, 9 +Cong. 1 sess. p. 448. + + +~1806, Feb. 17. Congress (House): Proposition on Slave-Trade.~ + +The committee on the slave-trade reported a resolution:-- + +"_Resolved_, That it shall not be lawful for any person or persons, to +import or bring into any of the Territories of the United States, any +slave or slaves that may hereafter be imported into the United States." +_House Journal_, 9 Cong. 1 sess. V 264, 278, 308, 345-6; _House +Reports_, 9 Cong. 1 sess. II. Feb. 17, 1806; _Annals of Cong._, 9 Cong. +1 sess. pp. 472-3. + + +~1806, April 7. Congress (Senate): Maryland Proposed Amendment.~ + +"Mr. Wright communicated a resolution of the legislature of the state of +Maryland instructing their Senators and Representatives in Congress to +use their utmost exertions to obtain an amendment to the constitution of +the United States to prevent the further importation of slaves; +whereupon, Mr. Wright submitted the following resolutions for the +consideration of the Senate.... + +"_Resolved_, That the migration or importation of slaves into the United +States, or any territory thereof, be prohibited after the first day of +January, 1808." Considered April 10, and further consideration postponed +until the first Monday in December next. _Senate Journal_ (repr. 1821), +9 Cong. 1 sess. IV. 76-7, 79; _Annals of Cong._, 9 Cong. 1 sess. pp. +229, 232. + + +~1806, Dec. 2. President Jefferson's Message.~ + +See above, pages 97-98. _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. +468. + + +~1806, Dec. 15. Congress (House): Proposition on Slave-Trade.~ + +"A bill to prohibit the importation or bringing of slaves into the +United States, etc.," after Dec. 31, 1807. Finally merged into Senate +bill. _Ibid._, House Bill No. 148. + + +~1806, Dec. 17. Congress (House): Sloan's Proposition.~ + +Proposition to amend the House bill by inserting after the article +declaring the forfeiture of an illegally imported slave, "And such +person or slave shall be entitled to his freedom." Lost. _Annals of +Cong._, 9 Cong. 2 sess. pp. 167-77, 180-89. + + +~1806, Dec. 29. Congress (House): Sloan's Second Proposition.~ + +Illegally imported Africans to be either freed, apprenticed, or +returned to Africa. Lost; Jan. 5, 1807, a somewhat similar proposition +was also lost. _Ibid._, pp. 226-8, 254. + + +~1806, Dec. 31. Great Britain: Rejected Treaty.~ + +"Treaty of amity, commerce, and navigation, between His Britannic +Majesty and the United States of America." + +"Art. XXIV. The high contracting parties engage to communicate to each +other, without delay, all such laws as have been or shall be hereafter +enacted by their respective Legislatures, as also all measures which +shall have been taken for the abolition or limitation of the African +slave trade; and they further agree to use their best endeavors to +procure the co-operation of other Powers for the final and complete +abolition of a trade so repugnant to the principles of justice and +humanity." _Amer. State Papers, Foreign_, III. 147, 151. + + +~1807, March 25. [England: Slave-Trade Abolished.~ + +"An Act for the Abolition of the Slave Trade." _Statute 47 George III._, +1 sess. ch. 36.] + + +~1807, Jan. 7. Congress (House): Bidwell's Proposition.~ + +"Provided, that no person shall be sold as a slave by virtue of this +act." Offered as an amendment to § 3 of House bill; defeated 60 to 61, +Speaker voting. A similar proposition was made Dec. 23, 1806. _House +Journal_ (repr. 1826), 9 Cong. 2 sess. V. 513-6. Cf. _Annals of Cong._, +9 Cong. 2 sess. pp. 199-203, 265-7. + + +~1807, Feb. 9. Congress (House): Section Seven of House Bill.~ + +§ 7 of the bill reported to the House by the committee provided that all +Negroes imported should be conveyed whither the President might direct +and there be indentured as apprentices, or employed in whatever way the +President might deem best for them and the country; provided that no +such Negroes should be indentured or employed except in some State in +which provision is now made for the gradual abolition of slavery. Blank +spaces were left for limiting the term of indenture. The report was +never acted on. _Annals of Cong._, 9 Cong. 2 sess. pp. 477-8. + + +~1807, March 2. United States Statute: Importation Prohibited.~ + +"An Act to prohibit the importation of Slaves into any port or place +within the jurisdiction of the United States, from and after the first +day of January, in the year of our Lord one thousand eight hundred and +eight." Bills to amend § 8, so as to make less ambiguous the permit +given to the internal traffic, were introduced Feb. 27 and Nov. 27. +_Statutes at Large_, II. 426. For proceedings in Senate, see _Senate +Journal_ (repr. 1821), 9 Cong. 1-2 sess. IV. 11, 112, 123, 124, 132, +133, 150, 158, 164, 165, 167, 168; _Annals of Cong._, 9 Cong. 2 sess. +pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93. For +proceedings in House, see _House Journal_ (repr. 1826), 9 Cong. 2 sess. +V. 470, 482, 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557, +575, 579, 581, 583-4, 585, 592, 594, 610, 613-4, 616, 623, 638, 640; 10 +Cong. 1 sess. VI. 27, 50; _Annals of Cong._, 9 Cong. 2 sess. pp. 167, +180, 200, 220, 231, 254, 264, 270. + + +~1808, Feb. 23. Congress (Senate): Proposition to Amend Constitution.~ + +"Agreeably to instructions from the legislature of the state of +Pennsylvania to their Senators in Congress, Mr. Maclay submitted the +following resolution, which was read for consideration:-- + +"_Resolved_ ..., That the Constitution of the United States be so +altered and amended, as to prevent the Congress of the United States, +and the legislatures of any state in the Union, from authorizing the +importation of slaves." No further mention. _Senate Journal_ (repr. +1821), 10 Cong. 1 sess. IV. 235; _Annals of Cong._, 10 Cong. 1 sess. p. +134. For the full text of the instructions, see _Amer. State Papers, +Miscellaneous_, I. 716. + + +~1810, Dec. 5. President Madison's Message.~ + +"Among the commercial abuses still committed under the American flag, +... it appears that American citizens are instrumental in carrying on a +traffic in enslaved Africans, equally in violation of the laws of +humanity, and in defiance of those of their own country. The same just +and benevolent motives which produced the interdiction in force against +this criminal conduct, will doubtless be felt by Congress, in devising +further means of suppressing the evil." _House Journal_ (repr. 1826), 11 +Cong. 3 sess. VII. 435. + + +~1811, Jan. 15. United States Statute: Secret Act and Joint Resolution +against Amelia Island Smugglers.~ + +_Statutes at Large_, III. 471 ff. + + +~1815, March 29. [France: Abolition of Slave-Trade.~ + +Napoleon on his return from Elba decrees the abolition of the +slave-trade. Decree re-enacted in 1818 by the Bourbon dynasty. _British +and Foreign State Papers_, 1815-16, p. 196, note; 1817-18, p. 1025.] + + +~1815, Feb. 18. Great Britain: Treaty of Ghent.~ + +"Treaty of peace and amity. Concluded December 24, 1814; Ratifications +exchanged at Washington February 17, 1815; Proclaimed February 18, +1815." + +Art. X. "Whereas the traffic in slaves is irreconcilable with the +principles of humanity and justice, and whereas both His Majesty and the +United States are desirous of continuing their efforts to promote its +entire abolition, it is hereby agreed that both the contracting parties +shall use their best endeavors to accomplish so desirable an object." +_U.S. Treaties and Conventions_ (ed. 1889), p. 405. + + +~1815, Dec. 8. Alabama and Mississippi Territory: Act to Dispose of +Illegally Imported Slaves.~ + +"An Act concerning Slaves brought into this Territory, contrary to the +Laws of the United States." Slaves to be sold at auction, and the +proceeds to be divided between the territorial treasury and the +collector or informer. Toulmin, _Digest of the Laws of Alabama_, p. 637; +_Statutes of Mississippi digested_, etc. (ed. 1816), p. 389. + + +~1816, Nov. 18. North Carolina: Act to Dispose of Illegally Imported +Slaves.~ + +"An act to direct the disposal of negroes, mulattoes and persons of +colour, imported into this state, contrary to the provisions of an act +of the Congress of the United States, entitled 'an act to prohibit the +importation of slaves into any port or place, within the jurisdiction of +the United States, from and after the first day of January, in the year +of our Lord one thousand eight hundred and eight.'" + +§ 1. Every slave illegally imported after 1808 shall be sold for the use +of the State. + +§ 2. The sheriff shall seize and sell such slave, and pay the proceeds +to the treasurer of the State. + +§ 3. If the slave abscond, the sheriff may offer a reward not exceeding +one-fifth of the value of the slave. _Laws of North Carolina, 1816_, ch. +xii. p. 9; _Laws of North Carolina_ (revision of 1819), II. 1350. + + +~1816, Dec. 3. President Madison's Message.~ + +"The United States having been the first to abolish, within the extent +of their authority, the transportation of the natives of Africa into +slavery, by prohibiting the introduction of slaves, and by punishing +their citizens participating in the traffick, cannot but be gratified at +the progress, made by concurrent efforts of other nations, towards a +general suppression of so great an evil. They must feel, at the same +time, the greater solicitude to give the fullest efficacy to their own +regulations. With that view, the interposition of Congress appears to be +required by the violations and evasions which, it is suggested, are +chargeable on unworthy citizens, who mingle in the slave trade under +foreign flags, and with foreign ports; and by collusive importations of +slaves into the United States, through adjoining ports and territories. +I present the subject to Congress, with a full assurance of their +disposition to apply all the remedy which can be afforded by an +amendment of the law. The regulations which were intended to guard +against abuses of a kindred character, in the trade between the several +States, ought also to be rendered more effectual for their humane +object." _House Journal_, 14 Cong. 2 sess. pp. 15-6. + + +~1817, Feb. 11. Congress (House): Proposed Joint Resolution.~ + +"Joint Resolution for abolishing the traffick in Slaves, and the +Colinization [_sic_] of the Free People of Colour of the United States." + +"_Resolved_, ... That the President be, and he is hereby authorized to +consult and negotiate with all the governments where ministers of the +United States are, or shall be accredited, on the means of effecting an +entire and immediate abolition of the traffick in slaves. And, also, to +enter into a convention with the government of Great Britain, for +receiving into the colony of Sierra Leone, such of the free people of +colour of the United States as, with their own consent, shall be carried +thither.... + +"_Resolved_, That adequate provision shall hereafter be made to defray +any necessary expenses which may be incurred in carrying the preceding +resolution into effect." Reported on petition of the Colonization +Society by the committee on the President's Message. No further record. +_House Journal_, 14 Cong. 2 sess. pp. 25-7, 380; _House Doc._, 14 Cong. +2 sess. No. 77. + + +~1817, July 28. [Great Britain and Portugal: First Concession of Right +of Search.~ + +"By this treaty, ships of war of each of the nations might visit +merchant vessels of both, if suspected of having slaves on board, +acquired by illicit traffic." This "related only to the trade north of +the equator; for the slave-trade of Portugal within the regions of +western Africa, to the south of the equator, continued long after this +to be carried on with great vigor." Woolsey, _International Law_ +(1874), § 197, pp. 331-2; _British and Foreign State Papers_, 1816-17, +pp. 85-118.] + + +~1817, Sept. 23. [Great Britain and Spain: Abolition of Trade North of +Equator.~ + +"By the treaty of Madrid, ... Great Britain obtained from Spain, for the +sum of four hundred thousand pounds, the immediate abolition of the +trade north of the equator, its entire abolition after 1820, and the +concession of the same mutual right of search, which the treaty with +Portugal had just established." Woolsey, _International Law_ (1874), § +197, p. 332; _British and Foreign State Papers_, 1816-17, pp. 33-74.] + + +~1817, Dec. 2. President Monroe's Message on Amelia Island, etc.~ + +"A just regard for the rights and interests of the United States +required that they [i.e., the Amelia Island and Galveston pirates] +should be suppressed, and orders have been accordingly issued to that +effect. The imperious considerations which produced this measure will be +explained to the parties whom it may, in any degree, concern." _House +Journal_, 15 Cong. 1 sess. p. 11. + + +~1817, Dec. 19. Georgia: Act to Dispose of Illegally Imported Slaves.~ + +"An Act for disposing of any such negro, mulatto, or person of color, +who has been or may hereafter be imported or brought into this State in +violation of an act of the United States, entitled an act to prohibit +the importation of slaves," etc. + +§ 1. The governor by agent shall receive such Negroes, and, + +§ 2. sell them, or, + +§ 3. give them to the Colonization Society to be transported, on +condition that the Society reimburse the State for all expense, and +transport them at their own cost. Prince, _Digest_, p. 793. + + +~1818, Jan. 10. Congress (House): Bill to Supplement Act of 1807.~ + +Mr. Middleton, from the committee on so much of the President's Message +as related to the illicit introduction of slaves into the United States +from Amelia Island, reported a bill in addition to former acts +prohibiting the introduction of slaves into the United States. This was +read twice and committed; April 1 it was considered in Committee of the +Whole; Mr. Middleton offered a substitute, which was ordered to be laid +on table and to be printed; it became the Act of 1819. See below, March +3, 1819. _House Journal_, 15 Cong. 1 sess. pp. 131, 410. + + +~1818, Jan. 13. President Monroe's Special Message.~ + +"I have the satisfaction to inform Congress, that the establishment at +Amelia Island has been suppressed, and without the effusion of blood. +The papers which explain this transaction, I now lay before Congress," +etc. _Ibid._, pp. 137-9. + + +~1818, Feb. 9. Congress (Senate): Bill to Register (?) Slaves.~ + +"A bill respecting the transportation of persons of color, for sale, or +to be held to labor." Passed Senate, dropped in House; similar bill Dec. +9, 1818, also dropped in House. _Senate Journal_, 15 Cong. 1 sess. pp. +147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15 Cong. 2 sess. pp. +63, 74, 77, 202, 207, 285, 291, 297; _House Journal_, 15 Cong. 1 sess. +p. 332; 15 Cong. 2 sess. pp. 303, 305, 316. + + +~1818, April 4. Congress (House): Proposition to Amend Constitution.~ + +Mr. Livermore's resolution:-- + +"No person shall be held to service or labour as a slave, nor shall +slavery be tolerated in any state hereafter admitted into the Union, or +made one of the United States of America." Read, and on the question, +"Will the House consider the same?" it was determined in the negative. +_House Journal_, 15 Cong. 1 sess. pp. 420-1; _Annals of Cong._, 15 Cong. +1 sess. pp. 1675-6. + + +~1818, April 20. United States Statute: Act in Addition to Act of 1807.~ + +"An Act in addition to 'An act to prohibit the introduction +[importation] of slaves into any port or place within the jurisdiction +of the United States, from and after the first day of January, in the +year of our Lord one thousand eight hundred and eight,' and to repeal +certain parts of the same." _Statutes at Large_, III. 450. For +proceedings in Congress, see _Senate Journal_, 15 Cong. 1 sess. pp. 243, +304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; _House +Journal_, 15 Cong. 1 sess. pp. 450, 452, 456, 468, 479, 484, 492,505. + + +~1818, May 4. [Great Britain and Netherlands: Treaty.~ + +Right of Search granted for the suppression of the slave-trade. _British +and Foreign State Papers_, 1817-18, pp. 125-43.] + + +~1818, Dec. 19. Georgia: Act of 1817 Reinforced.~ + +No title found. "_Whereas_ numbers of African slaves have been illegally +introduced into the State, in direct violation of the laws of the United +States and of this State, _Be it therefore enacted_," etc. Informers are +to receive one-tenth of the net proceeds from the sale of illegally +imported Africans, "_Provided_, nothing herein contained shall be so +construed as to extend farther back than the year 1817." Prince, +_Digest_, p. 798. + + +~1819, Feb. 8. Congress (Senate): Bill in Addition to Former Acts.~ + +"A bill supplementary to an act, passed the 2d day of March, 1807, +entitled," etc. Postponed. _Senate Journal_, 15 Cong. 2 sess. pp. 234, +244, 311-2, 347. + + +~1819, March 3. United States Statute: Cruisers Authorized, etc.~ + +"An Act in addition to the Acts prohibiting the slave trade." _Statutes +at Large_, III. 532. For proceedings in Congress, see _Senate Journal_, +15 Cong. 2 sess. pp. 338, 339, 343, 345, 350, 362; _House Journal_, 15 +Cong. 2 sess. pp. 9-19, 42-3, 150, 179, 330, 334, 341, 343, 352. + + +~1819, Dec. 7. President Monroe's Message.~ + +"Due attention has likewise been paid to the suppression of the slave +trade, in compliance with a law of the last session. Orders have been +given to the commanders of all our public ships to seize all vessels +navigated under our flag, engaged in that trade, and to bring them in, +to be proceeded against, in the manner prescribed by that law. It is +hoped that these vigorous measures, supported by like acts by other +nations, will soon terminate a commerce so disgraceful to the civilized +world." _House Journal_, 16 Cong, 1 sess. p. 18. + + +~1820, Jan. 19. Congress (House): Proposed Registry of Slaves.~ + +"On motion of Mr. Cuthbert, + +"Resolved, That the Committee on the Slave Trade be instructed to +enquire into the expediency of establishing a registry of slaves, more +effectually to prevent the importation of slaves into the United States, +or the territories thereof." No further mention. _Ibid._, p. 150. + + +~1820, Feb. 5. Congress (House): Proposition on Slave-Trade.~ + +"Mr. Meigs submitted the following preamble and resolution: + +"Whereas, slavery in the United States is an evil of great and +increasing magnitude; one which merits the greatest efforts of this +nation to remedy: Therefore, + +"Resolved, That a committee be appointed to enquire into the expediency +of devoting the public lands as a fund for the purpose of, + +"1st, Employing a naval force competent to the annihilation of the slave +trade; + +"2dly, The emancipation of slaves in the United States; and, + +"3dly, Colonizing them in such way as shall be conducive to their +comfort and happiness, in Africa, their mother country." Read, and, on +motion of Walker of North Carolina, ordered to lie on the table. Feb. 7, +Mr. Meigs moved that the House now consider the above-mentioned +resolution, but it was decided in the negative. Feb. 18, he made a +similar motion and proceeded to discussion, but was ruled out of order +by the Speaker. He appealed, but the Speaker was sustained, and the +House refused to take up the resolution. No further record appears. +_Ibid._, pp. 196, 200, 227. + + +~1820, Feb. 23. Massachusetts: Slavery in Western Territory.~ + +_"Resolve respecting Slavery":--_ + +"The Committee of both Houses, who were appointed to consider 'what +measures it may be proper for the Legislature of this Commonwealth to +adopt, in the expression of their sentiments and views, relative to the +interesting subject, now before Congress, of interdicting slavery in the +New States, which may be admitted into the Union, beyond the River +Mississippi,' respectfully submit the following report: ... + +"Nor has this question less importance as to its influence on the slave +trade. Should slavery be further permitted, an immense new market for +slaves would be opened. It is well known that notwithstanding the +strictness of our laws, and the vigilance of the government, thousands +are now annually imported from Africa," etc. _Massachusetts Resolves_, +May, 1819, to February, 1824, pp. 147-51. + + +~1820, May 12. Congress (House): Resolution for Negotiation.~ + +"Resolved by the Senate and House of Representatives of the United +States of America in Congress assembled, That the President of the +United States be requested to negociate with all the governments where +ministers of the United States are or shall be accredited, on the means +of effecting an entire and immediate abolition of the slave trade." +Passed House, May 12, 1820; lost in Senate, May 15, 1820. _House +Journal_, 16 Cong. 1 sess. pp. 497, 518, 520-21, 526; _Annals of Cong._, +16 Cong. 1 sess. pp. 697-700. + + +~1820, May 15. United States Statute: Slave-Trade made Piracy.~ + +"An act to continue in force 'An act to protect the commerce of the +United States, and punish the crime of piracy,' and also to make further +provisions for punishing the crime of piracy." Continued by several +statutes until passage of the Act of 1823, _q.v. Statutes at Large_, +III. 600. For proceedings in Congress, see _Senate Journal_, 16 Cong. 1 +sess. pp. 238, 241, 268, 286-7, 314, 331, 346, 350, 409, 412, 417, 422, +424, 425; _House Journal_, 16 Cong. 1 sess. pp. 453, 454, 494, 518, 520, +522, 537, 539, 540, 542. There was also a House bill, which was dropped: +cf. _House Journal_, 16 Cong. 1 sess. pp. 21, 113, 280, 453, 494. + + +~1820, Nov. 14. President Monroe's Message.~ + +"In execution of the law of the last session, for the suppression of the +slave trade, some of our public ships have also been employed on the +coast of Africa, where several captures have already been made of +vessels engaged in that disgraceful traffic." _Senate Journal_, 16 Cong. +2 sess. pp. 16-7. + + +~1821, Feb. 15. Congress (House): Meigs's Resolution.~ + +Mr. Meigs offered in modified form the resolutions submitted at the last +session:-- + +"Whereas slavery, in the United States, is an evil, acknowledged to be +of great and increasing magnitude, ... therefore, + +"Resolved, That a committee be appointed to inquire into the expediency +of devoting five hundred million acres of the public lands, next west of +the Mississippi, as a fund for the purpose of, in the + +"_First place_; Employing a naval force, competent to the annihilation +of the slave trade," etc. Question to consider decided in the +affirmative, 63 to 50; laid on the table, 66 to 55. _House Journal_, 16 +Cong. 2 sess. p. 238; _Annals of Cong._, 16 Cong. 2 sess. pp. 1168-70. + + +~1821, Dec. 3. President Monroe's Message.~ + +"Like success has attended our efforts to suppress the slave trade. +Under the flag of the United States, and the sanction of their papers, +the trade may be considered as entirely suppressed; and, if any of our +citizens are engaged in it, under the flag and papers of other powers, +it is only from a respect to the rights of those powers, that these +offenders are not seized and brought home, to receive the punishment +which the laws inflict. If every other power should adopt the same +policy, and pursue the same vigorous means for carrying it into effect, +the trade could no longer exist." _House Journal_, 17 Cong. 1 sess. p. +22. + + +~1822, April 12. Congress (House): Proposed Resolution.~ + +"_Resolved_, That the President of the United States be requested to +enter into such arrangements as he may deem suitable and proper, with +one or more of the maritime powers of Europe, for the effectual +abolition of the slave trade." _House Reports_, 17 Cong. 1 sess. II. No. +92, p. 4; _Annals of Cong._, 17 Cong. 1 sess. p. 1538. + + +~1822, June 18. Mississippi: Act on Importation, etc.~ + +"An act, to reduce into one, the several acts, concerning slaves, free +negroes, and mulattoes." + +§ 2. Slaves born and resident in the United States, and not criminals, +may be imported. + +§ 3. No slave born or resident outside the United States shall be +brought in, under penalty of $1,000 per slave. Travellers are excepted. +_Revised Code of the Laws of Mississippi_ (Natchez, 1824), p. 369. + + +~1822, Dec. 3. President Monroe's Message.~ + +"A cruise has also been maintained on the coast of Africa, when the +season would permit, for the suppression of the slave-trade; and orders +have been given to the commanders of all our public ships to seize our +own vessels, should they find any engaged in that trade, and to bring +them in for adjudication." _House Journal_, 17 Cong. 2 sess. pp. 12, 21. + + +~1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported Slaves.~ + +"An Act to carry into effect the laws of the United States prohibiting +the slave trade." + +§ 1. "_Be it enacted_, ... That the Governor of this state be ... +authorized and required to appoint some suitable person, as the agent of +the state, to receive all and every slave or slaves or persons of +colour, who may have been brought into this state in violation of the +laws of the United States, prohibiting the slave trade: _Provided_, that +the authority of the said agent is not to extend to slaves who have been +condemned and sold." + +§ 2. The agent must give bonds. + +§ 3. "_And be it further enacted_, That the said slaves, when so placed +in the possession of the state, as aforesaid, shall be employed on such +public work or works, as shall be deemed by the Governor of most value +and utility to the public interest." + +§ 4. A part may be hired out to support those employed in public work. + +§ 5. "_And be it further enacted_, That in all cases in which a decree +of any court having competent authority, shall be in favor of any or +claimant or claimants, the said slaves shall be truly and faithfully, by +said agent, delivered to such claimant or claimants: but in case of +their condemnation, they shall be sold by such agent for cash to the +highest bidder, by giving sixty days notice," etc. _Acts of the Assembly +of Alabama, 1822_ (Cahawba, 1823), p. 62. + + +~1823, Jan. 30. United States Statute: Piracy Act made Perpetual.~ + +"An Act in addition to 'An act to continue in force "An act to protect +the commerce of the United States, and punish the crime of piracy,"'" +etc. _Statutes at Large_, III. 510-14, 721, 789. For proceedings in +Congress, see _Senate Journal_, 17 Cong. 2 sess. pp. 61, 64, 70, 83, 98, +101, 106, 110, 111, 122, 137; _House Journal_, 17 Cong. 2 sess. pp. 73, +76, 156, 183, 189. + + +~1823, Feb. 10. Congress (House): Resolution on Slave-Trade.~ + +Mr. Mercer offered the following resolution:-- + +"Resolved, That the President of the United States be requested to enter +upon, and to prosecute, from time to time, such negotiations with the +several maritime powers of Europe and America, as he may deem expedient, +for the effectual abolition of the African slave trade, and its ultimate +denunciation as piracy, under the law of nations, by the consent of the +civilized world." Agreed to Feb. 28; passed Senate. _House Journal_, 17 +Cong. 2 sess. pp. 212, 280-82; _Annals of Cong._, 17 Cong. 2 sess. pp. +928, 1147-55. + + +~1823, March 3. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the navy," etc. + +"To enable the President of the United States to carry into effect the +act" of 1819, $50,000. _Statutes at Large_, III. 763, 764 + + +~1823. President: Proposed Treaties.~ + +Letters to various governments in accordance with the resolution of +1823: April 28, to Spain; May 17, to Buenos Ayres; May 27, to United +States of Colombia; Aug. 14, to Portugal. See above, Feb. 10, 1823. +_House Doc._, 18 Cong. 1 sess. VI. No. 119. + + +~1823, June 24. Great Britain: Proposed Treaty.~ + +Adams, March 31, proposes that the trade be made piracy. Canning, April +8, reminds Adams of the treaty of Ghent and asks for the granting of a +mutual Right of Search to suppress the slave-trade. The matter is +further discussed until June 24. Minister Rush is empowered to propose a +treaty involving the Right of Search, etc. This treaty was substantially +the one signed (see below, March 13, 1824), differing principally in the +first article. + +"Article I. The two high contracting Powers, having each separately, by +its own laws, subjected their subjects and citizens, who may be +convicted of carrying on the illicit traffic in slaves on the coast of +Africa, to the penalties of piracy, do hereby agree to use their +influence, respectively, with the other maritime and civilized nations +of the world, to the end that the said African slave trade may be +recognized, and declared to be, piracy, under the law of nations." +_House Doc._, 18 Cong, 1 sess. VI. No. 119. + + +~1824, Feb. 6. Congress (House): Proposition to Amend Constitution.~ + +Mr. Abbot's resolution on persons of color:-- + +"That no part of the constitution of the United States ought to be +construed, or shall be construed to authorize the importation or ingress +of any person of color into any one of the United States, contrary to +the laws of such state." Read first and second time and committed to the +Committee of the Whole. _House Journal_, 18 Cong. 1 sess. p. 208; +_Annals of Cong._, 18 Cong. 1 sess. p. 1399. + + +~1824, March 13. Great Britain: Proposed Treaty of 1824.~ + +"The Convention:"-- + +Art. I. "The commanders and commissioned officers of each of the two +high contracting parties, duly authorized, under the regulations and +instructions of their respective Governments, to cruize on the coasts of +Africa, of America, and of the West Indies, for the suppression of the +slave trade," shall have the power to seize and bring into port any +vessel owned by subjects of the two contracting parties, found engaging +in the slave-trade. The vessel shall be taken for trial to the country +where she belongs. + +Art. II. Provides that even if the vessel seized does not belong to a +citizen or citizens of either of the two contracting parties, but is +chartered by them, she may be seized in the same way as if she belonged +to them. + +Art. III. Requires that in all cases where any vessel of either party +shall be boarded by any naval officer of the other party, on suspicion +of being concerned in the slave-trade, the officer shall deliver to the +captain of the vessel so boarded a certificate in writing, signed by the +naval officer, specifying his rank, etc., and the object of his visit. +Provision is made for the delivery of ships and papers to the tribunal +before which they are brought. + +Art. IV. Limits the Right of Search, recognized by the Convention, to +such investigation as shall be necessary to ascertain the fact whether +the said vessel is or is not engaged in the slave-trade. No person shall +be taken out of the vessel so visited unless for reasons of health. + +Art. V. Makes it the duty of the commander of either nation, having +captured a vessel of the other under the treaty, to receive unto his +custody the vessel captured, and send or carry it into some port of the +vessel's own country for adjudication, in which case triplicate +declarations are to be signed, etc. + +Art. VI. Provides that in cases of capture by the officer of either +party, on a station where no national vessel is cruising, the captor +shall either send or carry his prize to some convenient port of its own +country for adjudication, etc. + +Art. VII. Provides that the commander and crew of the captured vessel +shall be proceeded against as pirates, in the ports to which they are +brought, etc. + +Art. VIII. Confines the Right of Search, under this treaty, to such +officers of both parties as are especially authorized to execute the +laws of their countries in regard to the slave-trade. For every abusive +exercise of this right, officers are to be personally liable in costs +and damages, etc. + +Art. IX. Provides that the government of either nation shall inquire +into abuses of this Convention and of the laws of the two countries, and +inflict on guilty officers the proper punishment. + +Art. X. Declares that the right, reciprocally conceded by this treaty, +is wholly and exclusively founded on the consideration that the two +nations have by their laws made the slave-trade piracy, and is not to be +taken to affect in any other way the rights of the parties, etc.; it +further engages that each power shall use its influence with all other +civilized powers, to procure from them the acknowledgment that the +slave-trade is piracy under the law of nations. + +Art. XI. Provides that the ratifications of the treaty shall be +exchanged at London within twelve months, or as much sooner as possible. +Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824. + +The above is a synopsis of the treaty as it was laid before the Senate. +It was ratified by the Senate with certain conditions, one of which was +that the duration of this treaty should be limited to the pleasure of +the two parties on six months' notice; another was that the Right of +Search should be limited to the African and West Indian seas: i.e., the +word "America" was struck out. This treaty as amended and passed by the +Senate (cf. above, p. 141) was rejected by Great Britain. A counter +project was suggested by her, but not accepted (cf. above, p. 144). The +striking out of the word "America" was declared to be the insuperable +objection. _Senate Doc._, 18 Cong. 2 sess. I. No. 1, pp. 15-20; _Niles's +Register_, 3rd Series, XXVI. 230-2. For proceedings in Senate, see +_Amer. State Papers, Foreign_, V. 360-2. + + +~1824, March 31. [Great Britain: Slave-Trade made Piracy.~ + +"An Act for the more effectual Suppression of the _African_ Slave +Trade." + +Any person engaging in the slave-trade "shall be deemed and adjudged +guilty of Piracy, Felony and Robbery, and being convicted thereof shall +suffer Death without Benefit of Clergy, and Loss of Lands, Goods and +Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer," +etc. _Statute 5 George IV._, ch. 17; _Amer. State Papers, Foreign_, V. +342.] + + +~1824, April 16. Congress (House): Bill to Suppress Slave-Trade.~ + +"Mr. Govan, from the committee to which was referred so much of the +President's Message as relates to the suppression of the Slave Trade, +reported a bill respecting the slave trade; which was read twice, and +committed to a Committee of the Whole." + +§ 1. Provided a fine not exceeding $5,000, imprisonment not exceeding 7 +years, and forfeiture of ship, for equipping a slaver even for the +foreign trade; and a fine not exceeding $3,000, and imprisonment not +exceeding 5 years, for serving on board any slaver. _Annals of Cong._, +18 Cong. 1 sess. pp. 2397-8; _House Journal_, 18 Cong. 1 sess. pp. 26, +180, 181, 323, 329, 356, 423. + + +~1824, May 21. President Monroe's Message on Treaty of 1824.~ + +_Amer. State Papers, Foreign_, V. 344-6. + + +~1824, Nov. 6. [Great Britain and Sweden: Treaty.~ + +Right of Search granted for the suppression of the slave-trade. _British +and Foreign State Papers_, 1824-5, pp. 3-28.] + + +~1824, Nov. 6. Great Britain: Counter Project of 1825.~ + +Great Britain proposes to conclude the treaty as amended by the Senate, +if the word "America" is reinstated in Art. I. (Cf. above, March 13, +1824.) February 16, 1825, the House Committee favors this project; March +2, Addington reminds Adams of this counter proposal; April 6, Clay +refuses to reopen negotiations on account of the failure of the +Colombian treaty. _Amer. State Papers, Foreign_, V. 367; _House +Reports_, 18 Cong. 2 sess. I. No. 70; _House Doc._, 19 Cong. 1 sess. I. +No. 16. + + +~1824, Dec. 7. President Monroe's Message.~ + +"It is a cause of serious regret, that no arrangement has yet been +finally concluded between the two Governments, to secure, by joint +co-operation, the suppression of the slave trade. It was the object of +the British Government, in the early stages of the negotiation, to adopt +a plan for the suppression, which should include the concession of the +mutual right of search by the ships of war of each party, of the +vessels of the other, for suspected offenders. This was objected to by +this Government, on the principle that, as the right of search was a +right of war of a belligerant towards a neutral power, it might have an +ill effect to extend it, by treaty, to an offence which had been made +comparatively mild, to a time of peace. Anxious, however, for the +suppression of this trade, it was thought adviseable, in compliance with +a resolution of the House of Representatives, founded on an act of +Congress, to propose to the British Government an expedient, which +should be free from that objection, and more effectual for the object, +by making it piratical.... A convention to this effect was concluded and +signed, in London," on the 13th of March, 1824, "by plenipotentiaries +duly authorized by both Governments, to the ratification of which +certain obstacles have arisen, which are not yet entirely removed." [For +the removal of which, the documents relating to the negotiation are +submitted for the action of Congress].... + +"In execution of the laws for the suppression of the slave trade, a +vessel has been occasionally sent from that squadron to the coast of +Africa, with orders to return thence by the usual track of the slave +ships, and to seize any of our vessels which might be engaged in that +trade. None have been found, and, it is believed, that none are thus +employed. It is well known, however, that the trade still exists under +other flags." _House Journal_, 18 Cong. 2 sess. pp. 11, 12, 19, 27, 241; +_House Reports_, 18 Cong. 2 sess. I. No. 70; Gales and Seaton, _Register +of Debates_, I. 625-8, and Appendix, p. 2 ff. + + +~1825, Feb. 21. United States of Colombia: Proposed Treaty.~ + +The President sends to the Senate a treaty with the United States of +Colombia drawn, as United States Minister Anderson said, similar to that +signed at London, with the alterations made by the Senate. March 9, +1825, the Senate rejects this treaty. _Amer. State Papers, Foreign_, V. +729-35. + + +~1825, Feb. 28. Congress (House): Proposed Resolution on Slave-Trade.~ + +Mr. Mercer laid on the table the following resolution:-- + +"_Resolved_, That the President of the United States be requested to +enter upon, and prosecute from time to time, such negotiations with the +several maritime powers of Europe and America, as he may deem expedient +for the effectual abolition of the slave trade, and its ultimate +denunciation, as piracy, under the law of nations, by the consent of the +civilized world." The House refused to consider the resolution. _House +Journal_, 18 Cong. 2 sess. p. 280; Gales and Seaton, _Register of +Debates_, I. 697, 736. + + +~1825, March 3. Congress (House): Proposed Resolution against Right of +Search.~ + +"Mr. Forsyth submitted the following resolution: + +"_Resolved_, That while this House anxiously desires that the Slave +Trade should be, universally, denounced as Piracy, and, as such, should +be detected and punished under the law of nations, it considers that it +would be highly inexpedient to enter into engagements with any foreign +power, by which _all_ the merchant vessels of the United States would be +exposed to the inconveniences of any regulation of search, from which +any merchant vessels of that foreign power would be exempted." +Resolution laid on the table. _House Journal_, 18 Cong. 2 sess. pp. +308-9; Gales and Seaton, _Register of Debates_, I. 739. + + +~1825, Dec. 6. President Adams's Message.~ + +"The objects of the West India Squadron have been, to carry into +execution the laws for the suppression of the African Slave Trade: for +the protection of our commerce against vessels of piratical +character.... These objects, during the present year, have been +accomplished more effectually than at any former period. The African +Slave Trade has long been excluded from the use of our flag; and if some +few citizens of our country have continued to set the laws of the Union, +as well as those of nature and humanity, at defiance, by persevering in +that abominable traffic, it has been only by sheltering themselves under +the banners of other nations, less earnest for the total extinction of +the trade than ours." _House Journal_, 19 Cong. 1 sess. pp. 20, 96, +296-7, 305, 323, 329, 394-5, 399, 410, 414, 421, 451, 640. + + +~1826, Feb. 14. Congress (House): Proposition to Repeal Parts of Act of +1819.~ + +"Mr. Forsyth submitted the following resolutions, viz.: + +1. "_Resolved_, That it is expedient to repeal so much of the act of the +3d March, 1819, entitled, 'An act in addition to the acts prohibiting +the slave trade,' as provides for the appointment of agents on the coast +of Africa. + +2. "_Resolved_, That it is expedient so to modify the said act of the 3d +of March, 1819, as to release the United States from all obligation to +support the negroes already removed to the coast of Africa, and to +provide for such a disposition of those taken in slave ships who now are +in, or who may be, hereafter, brought into the United States, as shall +secure to them a fair opportunity of obtaining a comfortable +subsistence, without any aid from the public treasury." Read and laid on +the table. _Ibid._, p. 258. + + +~1826, March 14. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the navy," etc. + +"For the agency on the coast of Africa, for receiving the negroes," +etc., $32,000. _Statutes at Large_, IV. 140, 141. + + +~1827, March 2. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the Navy," etc. + +"For the agency on the coast of Africa," etc., $56,710. _Ibid._, W. 206, +208. + + +~1827, March 11. Texas: Introduction of Slaves Prohibited.~ + +Constitution of the State of Coahuila and Texas. Preliminary +Provisions:-- + +Art. 13. "From and after the promulgation of the constitution in the +capital of each district, no one shall be born a slave in the state, and +after six months the introduction of slaves under any pretext shall not +be permitted." _Laws and Decrees of Coahuila and Texas_ (Houston, 1839), +p. 314. + + +~1827, Sept. 15. Texas: Decree against Slave-Trade.~ + +"The Congress of the State of Coahuila and Texas decrees as follows:" + +Art. 1. All slaves to be registered. + +Art. 2, 3. Births and deaths to be recorded. + +Art. 4. "Those who introduce slaves, after the expiration of the term +specified in article 13 of the Constitution, shall be subject to the +penalties established by the general law of the 13th of July, 1824." +_Ibid._, pp. 78-9. + + +~1828, Feb. 25. Congress (House): Proposed Bill to Abolish African +Agency, etc.~ + +"Mr. McDuffie, from the Committee of Ways and Means, ... reported the +following bill: + +"A bill to abolish the Agency of the United States on the Coast of +Africa, to provide other means of carrying into effect the laws +prohibiting the slave trade, and for other purposes." This bill was +amended so as to become the act of May 24, 1828 (see below). _House +Reports_, 21 Cong. 1 sess. III. No. 348, p. 278. + + +~1828, May 24. United States Statute: Appropriation.~ + +"An Act making an appropriation for the suppression of the slave trade." +_Statutes at Large_, IV. 302; _House Journal_, 20 Cong. 1 sess., House +Bill No. 190. + + +~1829, Jan. 28. Congress (House): Bill to Amend Act of 1807.~ + +The Committee on Commerce reported "a bill (No. 399) to amend an act, +entitled 'An act to prohibit the importation of slaves,'" etc. Referred +to Committee of the Whole. _House Journal_, 20 Cong. 2 sess. pp. 58, 84, +215. Cf. _Ibid._, 20 Cong. 1 sess. pp. 121, 135. + + +~1829, March 2. United States Statute: Appropriation.~ + +"An Act making additional appropriations for the support of the navy," +etc. + +"For the reimbursement of the marshal of Florida for expenses incurred +in the case of certain Africans who were wrecked on the coast of the +United States, and for the expense of exporting them to Africa," +$16,000. _Statutes at Large_, IV. 353, 354. + + +~1830, April 7. Congress (House): Resolution against Slave-Trade.~ + +Mr. Mercer reported the following resolution:-- + +"_Resolved_, That the President of the United States be requested to +consult and negotiate with all the Governments where Ministers of the +United States are, or shall be accredited, on the means of effecting an +entire and immediate abolition of the African slave trade; and +especially, on the expediency, with that view, of causing it to be +universally denounced as piratical." Referred to Committee of the Whole; +no further action recorded. _House Journal_, 21 Cong. 1 sess. p. 512. + + +~1830, April 7. Congress (House): Proposition to Amend Act of March 3, +1819.~ + +Mr. Mercer, from the committee to which was referred the memorial of the +American Colonization Society, and also memorials, from the inhabitants +of Kentucky and Ohio, reported with a bill (No. 412) to amend "An act in +addition to the acts prohibiting the slave trade," passed March 3, 1819. +Read twice and referred to Committee of the Whole. _Ibid._ + + +~1830, May 31. Congress (Statute): Appropriation.~ + +"An Act making a re-appropriation of a sum heretofore appropriated for +the suppression of the slave trade." _Statutes at Large_, IV. 425; +_Senate Journal_, 21 Cong. 1 sess. pp. 359, 360, 383; _House Journal_, +21 Cong. 1 sess. pp. 624, 808-11. + + +~1830. [Brazil: Prohibition of Slave-Trade.~ + +Slave-trade prohibited under severe penalties.] + + +~1831, 1833. [Great Britain and France: Treaty Granting Right of +Search.~ + +Convention between Great Britain and France granting a mutual limited +Right of Search on the East and West coasts of Africa, and on the coasts +of the West Indies and Brazil. _British and Foreign State Papers_, +1830-1, p. 641 ff; 1832-3, p. 286 ff.] + + +~1831, Feb. 16. Congress (House): Proposed Resolution on Slave-Trade.~ + +"Mr. Mercer moved to suspend the rule of the House in regard to motions, +for the purpose of enabling himself to submit a resolution requesting +the Executive to enter into negotiations with the maritime Powers of +Europe, to induce them to enact laws declaring the African slave trade +piracy, and punishing it as such." The motion was lost. Gales and +Seaton, _Register of Debates_, VII. 726. + + +~1831, March 2. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $16,000. _Statutes at Large_, IV. 460, 462. + + +~1831, March 3. Congress (House): Resolution as to Treaties.~ + +"Mr. Mercer moved to suspend the rule to enable him to submit the +following resolution: + +"_Resolved_, That the President of the United States be requested to +renew, and to prosecute from time to time, such negotiations with the +several maritime powers of Europe and America as he may deem expedient +for the effectual abolition of the African slave trade, and its ultimate +denunciation as piracy, under the laws of nations, by the consent of the +civilized world." The rule was suspended by a vote of 108 to 36, and the +resolution passed, 118 to 32. _House Journal_, 21 Cong. 2 sess. pp. +426-8. + + +~1833, Feb. 20. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +" ... for carrying into effect the acts for the suppression of the slave +trade," etc., $5,000. _Statutes at Large_, IV. 614, 615. + + +~1833, August. Great Britain and France: Proposed Treaty with the United +States.~ + +British and French ministers simultaneously invited the United States to +accede to the Convention just concluded between them for the suppression +of the slave-trade. The Secretary of State, Mr. M'Lane, deferred answer +until the meeting of Congress, and then postponed negotiations on +account of the irritable state of the country on the slave question. +Great Britain had proposed that "A reciprocal right of search ... be +conceded by the United States, limited as to place, and subject to +specified restrictions. It is to be employed only in repressing the +Slave Trade, and to be exercised under a written and specific authority, +conferred on the Commander of the visiting ship." In the act of +accession, "it will be necessary that the right of search should be +extended to the coasts of the United States," and Great Britain will in +turn extend it to the British West Indies. This proposal was finally +refused, March 24, 1834, chiefly, as stated, because of the extension of +the Right of Search to the coasts of the United States. This part was +waived by Great Britain, July 7, 1834. On Sept. 12 the French Minister +joined in urging accession. On Oct. 4, 1834, Forsyth states that the +determination has "been definitely formed, not to make the United States +a party to any Convention on the subject of the Slave Trade." +_Parliamentary Papers_, 1835, Vol. LI., _Slave Trade_, Class B., pp. +84-92. + + +~1833, Dec. 23. Georgia: Slave-Trade Acts Amended.~ + +"An Act to reform, amend, and consolidate the penal laws of the State of +Georgia." + +13th Division. "Offences relative to Slaves":-- + +§ 1. "If any person or persons shall bring, import, or introduce into +this State, or aid or assist, or knowingly become concerned or +interested, in bringing, importing, or introducing into this State, +either by land or by water, or in any manner whatever, any slave or +slaves, each and every such person or persons so offending, shall be +deemed principals in law, and guilty of a high misdemeanor, and ... on +conviction, shall be punished by a fine not exceeding five hundred +dollars each, for each and every slave, ... and imprisonment and labor +in the penitentiary for any time not less than one year, nor longer than +four years." Residents, however, may bring slaves for their own use, but +must register and swear they are not for sale, hire, mortgage, etc. + +§ 6. Penalty for knowingly receiving such slaves, $500. Slightly amended +Dec. 23, 1836, e.g., emigrants were allowed to hire slaves out, etc.; +amended Dec. 19, 1849, so as to allow importation of slaves from "any +other slave holding State of this Union." Prince, _Digest_, pp. 619, +653, 812; Cobb, _Digest_, II. 1018. + + +~1834, Jan. 24. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $5,000. _Statutes at Large_, IV. 670, 671. + + +~1836, March 17. Texas: African Slave-Trade Prohibited.~ + +Constitution of the Republic of Texas: General Provisions:-- + +§ 9. All persons of color who were slaves for life before coming to +Texas shall remain so. "Congress shall pass no laws to prohibit +emigrants from bringing their slaves into the republic with them, and +holding them by the same tenure by which such slaves were held in the +United States; ... the importation or admission of Africans or negroes +into this republic, excepting from the United States of America, is +forever prohibited, and declared to be piracy." _Laws of the Republic of +Texas_ (Houston, 1838), I. 19. + + +~1836, Dec. 21. Texas: Slave-Trade made Piracy.~ + +"An Act supplementary to an act, for the punishment of Crimes and +Misdemeanors." + +§ 1. "_Be it enacted_ ..., That if any person or persons shall introduce +any African negro or negroes, contrary to the true intent and meaning of +the ninth section of the general provisions of the constitution, ... +except such as are from the United States of America, and had been held +as slaves therein, be considered guilty of piracy; and upon conviction +thereof, before any court having cognizance of the same, shall suffer +death, without the benefit of clergy." + +§ 2. The introduction of Negroes from the United States of America, +except of those legally held as slaves there, shall be piracy. _Ibid._, +I. 197. Cf. _House Doc._, 27 Cong. 1 sess. No. 34, p. 42. + + +~1837, March 3. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $11,413.57. _Statutes at Large_, V. 155, 157. + + +~1838, March 19. Congress (Senate): Slave-Trade with Texas, etc.~ + +"Mr. Morris submitted the following motion for consideration: + +"_Resolved_, That the Committee on the Judiciary be instructed to +inquire whether the present laws of the United States, on the subject of +the slave trade, will prohibit that trade being carried on between +citizens of the United States and citizens of the Republic of Texas, +either by land or by sea; and whether it would be lawful in vessels +owned by citizens of that Republic, and not lawful in vessels owned by +citizens of this, or lawful in both, and by citizens of both countries; +and also whether a slave carried from the United States into a foreign +country, and brought back, on returning into the United States, is +considered a free person, or is liable to be sent back, if demanded, as +a slave, into that country from which he or she last came; and also +whether any additional legislation by Congress is necessary on any of +these subjects." March 20, the motion of Mr. Walker that this resolution +"lie on the table," was determined in the affirmative, 32 to 9. _Senate +Journal_, 25 Cong. 2 sess. pp. 297-8, 300. + + +~1839, Feb. 5. Congress (Senate): Bill to Amend Slave-Trade Acts.~ + +"Mr. Strange, on leave, and in pursuance of notice given, introduced a +bill to amend an act entitled an act to prohibit the importation of +slaves into any port in the jurisdiction of the United States; which was +read twice, and referred to the Committee on Commerce." March 1, the +Committee was discharged from further consideration of the bill. +_Congressional Globe_, 25 Cong. 3 sess. p. 172; _Senate Journal_, 25 +Cong. 3 sess. pp. 200, 313. + + +~1839, Dec. 24. President Van Buren's Message.~ + +"It will be seen by the report of the Secretary of the navy respecting +the disposition of our ships of war, that it has been deemed necessary +to station a competent force on the coast of Africa, to prevent a +fraudulent use of our flag by foreigners. + +"Recent experience has shown that the provisions in our existing laws +which relate to the sale and transfer of American vessels while abroad, +are extremely defective. Advantage has been taken of these defects to +give to vessels wholly belonging to foreigners, and navigating the +ocean, an apparent American ownership. This character has been so well +simulated as to afford them comparative security in prosecuting the +slave trade, a traffic emphatically denounced in our statutes, regarded +with abhorrence by our citizens, and of which the effectual suppression +is nowhere more sincerely desired than in the United States. These +circumstances make it proper to recommend to your early attention a +careful revision of these laws, so that ... the integrity and honor of +our flag may be carefully preserved." _House Journal_, 26 Cong. 1 sess. +pp. 117-8. + + +~1840, Jan. 3. Congress (Senate): Bill to Amend Act of 1807.~ + +"Agreeably to notice, Mr. Strange asked and obtained leave to bring in a +bill (Senate, No. 123) to amend an act entitled 'An act to prohibit the +importation of slaves into any port or place within the jurisdiction of +the United States from and after the 1st day of January, in the year +1808,' approved the 2d day of March, 1807; which was read the first and +second times, by unanimous consent, and referred to the Committee on the +Judiciary." Jan. 8, it was reported without amendment; May 11, it was +considered, and, on motion by Mr. King, "_Ordered_, That it lie on the +table." _Senate Journal_, 26 Cong. 1 sess. pp. 73, 87, 363. + + +~1840, May 4. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Davis, from the Committee on Commerce, reported a bill (Senate, No. +335) making further provision to prevent the abuse of the flag of the +United States, and the use of unauthorized papers in the foreign +slavetrade, and for other purposes." This passed the Senate, but was +dropped in the House. _Ibid._, pp. 356, 359, 440, 442; _House Journal_, +26 Cong. 1 sess. pp. 1138, 1228, 1257. + + +~1841, June 1. Congress (House): President Tyler's Message.~ + +"I shall also, at the proper season, invite your attention to the +statutory enactments for the suppression of the slave trade, which may +require to be rendered more efficient in their provisions. There is +reason to believe that the traffic is on the increase. Whether such +increase is to be ascribed to the abolition of slave labor in the +British possessions in our vicinity, and an attendant diminution in the +supply of those articles which enter into the general consumption of the +world, thereby augmenting the demand from other quarters, ... it were +needless to inquire. The highest considerations of public honor, as well +as the strongest promptings of humanity, require a resort to the most +vigorous efforts to suppress the trade." _House Journal_, 27 Cong. 1 +sess. pp. 31, 184. + + +~1841, Dec. 7. President Tyler's Message.~ + +Though the United States is desirous to suppress the slave-trade, she +will not submit to interpolations into the maritime code at will by +other nations. This government has expressed its repugnance to the trade +by several laws. It is a matter for deliberation whether we will enter +upon treaties containing mutual stipulations upon the subject with other +governments. The United States will demand indemnity for all +depredations by Great Britain. + +"I invite your attention to existing laws for the suppression of the +African slave trade, and recommend all such alterations as may give to +them greater force and efficacy. That the American flag is grossly +abused by the abandoned and profligate of other nations is but too +probable. Congress has, not long since, had this subject under its +consideration, and its importance well justifies renewed and anxious +attention." _House Journal_, 27 Cong. 2 sess. pp. 14-5, 86, 113. + + +~1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and France: +Quintuple Treaty.]~ _British and Foreign State Papers_, 1841-2, p. 269 +ff. + + +~1842, Feb. 15. Right of Search: Cass's Protest.~ + +Cass writes to Webster, that, considering the fact that the signing of +the Quintuple Treaty would oblige the participants to exercise the Right +of Search denied by the United States, or to make a change in the +hitherto recognized law of nations, he, on his own responsibility, +addressed the following protest to the French Minister of Foreign +Affairs, M. Guizot:-- + + "LEGATION OF THE UNITED STATES, + "PARIS, FEBRUARY 13, 1842. + +"SIR: The recent signature of a treaty, having for its object +the suppression of the African slave trade, by five of the powers of +Europe, and to which France is a party, is a fact of such general +notoriety that it may be assumed as the basis of any diplomatic +representations which the subject may fairly require." + +The United States is no party to this treaty. She denies the Right of +Visitation which England asserts. [Quotes from the presidential message +of Dec. 7, 1841.] This principle is asserted by the treaty. + +" ... The moral effect which such a union of five great powers, two of +which are eminently maritime, but three of which have perhaps never had +a vessel engaged in that traffic, is calculated to produce upon the +United States, and upon other nations who, like them, may be indisposed +to these combined movements, though it may be regretted, yet furnishes +no just cause of complaint. But the subject assumes another aspect when +they are told by one of the parties that their vessels are to be +forcibly entered and examined, in order to carry into effect these +stipulations. Certainly the American Government does not believe that +the high powers, contracting parties to this treaty, have any wish to +compel the United States, by force, to adopt their measures to its +provisions, or to adopt its stipulations ...; and they will see with +pleasure the prompt disavowal made by yourself, sir, in the name of your +country, ... of any intentions of this nature. But were it otherwise, +... They would prepare themselves with apprehension, indeed, but without +dismay--with regret, but with firmness--for one of those desperate +struggles which have sometimes occurred in the history of the world." + +If, as England says, these treaties cannot be executed without visiting +United States ships, then France must pursue the same course. It is +hoped, therefore, that his Majesty will, before signing this treaty, +carefully examine the pretensions of England and their compatibility +with the law of nations and the honor of the United States. _Senate +Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. +VIII. No. 377, pp. 192-5. + + +~1842, Feb. 26. Mississippi: Resolutions on Creole Case.~ + +The following resolutions were referred to the Committee on Foreign +Affairs in the United States Congress, House of Representatives, May 10, +1842: + +"Whereas, the right of search has never been yielded to Great Britain," +and the brig Creole has not been surrendered by the British authorities, +etc., therefore, + +§ 1. "_Be it resolved by the Legislature of the State of Mississippi_, +That ... the right of search cannot be conceded to Great Britain without +a manifest servile submission, unworthy a free nation.... + +§ 2. "_Resolved_, That any attempt to detain and search our vessels, by +British cruisers, should be held and esteemed an unjustifiable outrage +on the part of the Queen's Government; and that any such outrage, which +may have occurred since Lord Aberdeen's note to our envoy at the Court +of St. James, of date October thirteen, eighteen hundred and forty-one, +(if any,) may well be deemed, by our Government, just cause of war." + +§ 3. "_Resolved_, That the Legislature of the State, in view of the late +murderous insurrection of the slaves on board the Creole, their +reception in a British port, the absolute connivance at their crimes, +manifest in the protection extended to them by the British authorities, +most solemnly declare their firm conviction that, if the conduct of +those authorities be submitted to, compounded for by the payment of +money, or in any other manner, or atoned for in any mode except by the +surrender of the actual criminals to the Federal Government, and the +delivery of the other identical slaves to their rightful owner or +owners, or his or their agents, the slaveholding States would have most +just cause to apprehend that the American flag is powerless to protect +American property; that the Federal Government is not sufficiently +energetic in the maintenance and preservation of their peculiar rights; +and that these rights, therefore, are in imminent danger." + +§ 4. _Resolved_, That restitution should be demanded "at all hazards." +_House Doc._, 27 Cong. 2 sess. IV. No. 215. + +~1842, March 21. Congress (House): Giddings's Resolutions.~ + +Mr. Giddings moved the following resolutions:-- + +§ 5. "_Resolved_, That when a ship belonging to the citizens of any +State of this Union leaves the waters and territory of such State, and +enters upon the high seas, the persons on board cease to be subject to +the slave laws of such State, and therefore are governed in their +relations to each other by, and are amenable to, the laws of the United +States." + +§ 6. _Resolved_, That the slaves in the brig Creole are amenable only to +the laws of the United States. + +§ 7. _Resolved_, That those slaves by resuming their natural liberty +violated no laws of the United States. + +§ 8. _Resolved_, That all attempts to re-enslave them are +unconstitutional, etc. + +Moved that these resolutions lie on the table; defeated, 53 to 125. Mr. +Giddings withdrew the resolutions. Moved to censure Mr. Giddings, and he +was finally censured. _House Journal_, 27 Cong. 2 sess. pp. 567-80. + + +~1842, May 10. Congress (House): Remonstrance of Mississippi against +Right of Search.~ + +"Mr. Gwin presented resolutions of the Legislature of the State of +Mississippi, against granting the right of search to Great Britain for +the purpose of suppressing the African slave trade; urging the +Government to demand of the British Government redress and restitution +in relation to the case of the brig Creole and the slaves on board." +Referred to the Committee on Foreign Affairs. _House Journal_, 27 Cong. +2 sess. p. 800. + + +~1842, Aug. 4. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc. $10,543.42. _Statutes at Large_, V. 500, 501. + + +~1842, Nov. 10. Joint-Cruising Treaty with Great Britain.~ + +"Treaty to settle and define boundaries; for the final suppression of +the African slave-trade; and for the giving up of criminals fugitive +from justice. Concluded August 9, 1842; ratifications exchanged at +London October 13, 1842; proclaimed November 10, 1842." Articles VIII., +and IX. Ratified by the Senate by a vote of 39 to 9, after several +unsuccessful attempts to amend it. _U.S. Treaties and Conventions_ +(1889), pp. 436-7; _Senate Exec. Journal_, VI. 118-32. + + +~1842, Dec. 7. President Tyler's Message.~ + +The treaty of Ghent binds the United States and Great Britain to the +suppression of the slave-trade. The Right of Search was refused by the +United States, and our Minister in France for that reason protested +against the Quintuple Treaty; his conduct had the approval of the +administration. On this account the eighth article was inserted, causing +each government to keep a flotilla in African waters to enforce the +laws. If this should be done by all the powers, the trade would be swept +from the ocean. _House Journal_, 27 Cong. 3 sess. pp. 16-7. + + +~1843, Feb. 22. Congress (Senate): Appropriation Opposed.~ + +Motion by Mr. Benton, during debate on naval appropriations, to strike +out appropriation "for the support of Africans recaptured on the coast +of Africa or elsewhere, and returned to Africa by the armed vessels of +the United States, $5,000." Lost; similar proposition by Bagby, lost. +Proposition to strike out appropriation for squadron, lost. March 3, +bill becomes a law, with appropriation for Africans, but without that +for squadron. _Congressional Globe_, 27 Cong. 3 sess. pp. 328, 331-6; +_Statutes at Large_, V. 615. + + +~1845, Feb. 20. President Tyler's Special Message to Congress.~ + +Message on violations of Brazilian slave-trade laws by Americans. _House +Journal_, 28 Cong. 2 sess. pp. 425, 463; _House Doc._, 28 Cong. 2 sess. +IV. No. 148. Cf. _Ibid._, 29 Cong. 1 sess. III. No. 43. + + +~1846, Aug. 10. United States Statute: Appropriation.~ + +"For carrying into effect the acts for the suppression of the slave +trade, including the support of recaptured Africans, and their removal +to their country, twenty-five thousand dollars." _Statutes at Large_, +IX. 96. + + +~1849, Dec. 4. President Taylor's Message.~ + +"Your attention is earnestly invited to an amendment of our existing +laws relating to the African slave-trade, with a view to the effectual +suppression of that barbarous traffic. It is not to be denied that this +trade is still, in part, carried on by means of vessels built in the +United States, and owned or navigated by some of our citizens." _House +Exec. Doc._, 31 Cong. 1 sess. III. No. 5, pp. 7-8. + + +~1850, Aug. 1. Congress (House): Bill for War Steamers.~ + +"A bill (House, No. 367) to establish a line of war steamers to the +coast of Africa for the suppression of the slave trade and the promotion +of commerce and colonization." Read twice, and referred to Committee of +the Whole. _House Journal_, 31 Cong. 1 sess. pp. 1022, 1158, 1217. + + +~1850, Dec. 16. Congress (House): Treaty of Washington.~ + +"Mr. Burt, by unanimous consent, introduced a joint resolution (No. 28) +'to terminate the eighth article of the treaty between the United +States and Great Britain concluded at Washington the ninth day of +August, 1842.'" Read twice, and referred to the Committee on Naval +Affairs. _Ibid._, 31 Cong. 2 sess. p. 64. + + +~1851, Jan. 22. Congress (Senate): Resolution on Sea Letters.~ + +"The following resolution, submitted by Mr. Clay the 20th instant, came +up for consideration:-- + +"_Resolved_, That the Committee on Commerce be instructed to inquire +into the expediency of making more effectual provision by law to prevent +the employment of American vessels and American seamen in the African +slave trade, and especially as to the expediency of granting sea letters +or other evidence of national character to American vessels clearing out +of the ports of the empire of Brazil for the western coast of Africa." +Agreed to. _Congressional Globe_, 31 Cong. 2 sess. pp. 304-9; _Senate +Journal_, 31 Cong. 2 sess. pp. 95, 102-3. + + +~1851, Feb. 19. Congress (Senate): Bill on Slave-Trade.~ + +"A bill (Senate, No. 472) concerning the intercourse and trade of +vessels of the United States with certain places on the eastern and +western coasts of Africa, and for other purposes." Read once. _Senate +Journal_, 31 Cong. 2 sess. pp. 42, 45, 84, 94, 159, 193-4; +_Congressional Globe_, 31 Cong. 2 sess. pp. 246-7. + + +~1851, Dec. 3. Congress (House): Bill to Amend Act of 1807.~ + +Mr. Giddings gave notice of a bill to repeal §§ 9 and 10 of the act to +prohibit the importation of slaves, etc. from and after Jan. 1, 1808. +_House Journal_, 32 Cong. 1 sess. p. 42. Cf. _Ibid._, 33 Cong. 1 sess. +p. 147. + + +~1852, Feb. 5. Alabama: Illegal Importations.~ + +By code approved on this date:-- + +§§ 2058-2062. If slaves have been imported contrary to law, they are to +be sold, and one fourth paid to the agent or informer and the residue to +the treasury. An agent is to be appointed to take charge of such +slaves, who is to give bond. Pending controversy, he may hire the slaves +out. Ormond, _Code of Alabama_, pp. 392-3. + + +~1853, March 3. Congress (Senate): Appropriation Proposed.~ + +A bill making appropriations for the naval service for the year ending +June 30, 1854. Mr. Underwood offered the following amendment:-- + +"For executing the provisions of the act approved 3d of March, 1819, +entitled 'An act in addition to the acts prohibiting the slave trade,' +$20,000." Amendment agreed to, and bill passed. It appears, however, to +have been subsequently amended in the House, and the appropriation does +not stand in the final act. _Congressional Globe_, 32 Cong. 2 sess. p. +1072; _Statutes at Large_, X. 214. + + +~1854, May 22. Congress (Senate): West India Slave-Trade.~ + +Mr. Clayton presented the following resolution, which was unanimously +agreed to:-- + +"_Resolved_, That the Committee on Foreign Relations be instructed to +inquire into the expediency of providing by law for such restrictions on +the power of American consuls residing in the Spanish West India islands +to issue sea letters on the transfer of American vessels in those +islands, as will prevent the abuse of the American flag in protecting +persons engaged in the African slave trade." June 26, 1854, this +committee reported "a bill (Senate, No. 416) for the more effectual +suppression of the slave-trade in American built vessels." Passed +Senate, postponed in House. _Senate Journal_, 33 Cong. 1 sess. pp. 404, +457-8, 472-3, 476; _House Journal_, 33 Cong. 1 sess. pp. 1093, 1332-3; +_Congressional Globe_, 33 Cong. 1 sess. pp. 1257-61, 1511-3, 1591-3, +2139. + + +~1854, May 29. Congress (Senate): Treaty of Washington.~ + +_Resolved_, "that, in the opinion of the Senate, it is expedient, and in +conformity with the interests and sound policy of the United States, +that the eighth article of the treaty between this government and Great +Britain, of the 9th of August, 1842, should be abrogated." Introduced by +Slidell, and favorably reported from Committee on Foreign Relations in +Executive Session, June 13, 1854. _Senate Journal_, 34 Cong. 1-2 sess. +pp. 396, 695-8; _Senate Reports_, 34 Cong. 1 sess. I. No. 195. + + +~1854, June 21. Congress (Senate): Bill Regulating Navigation.~ + +"Mr. Seward asked and obtained leave to bring in a bill (Senate, No. +407) to regulate navigation to the coast of Africa in vessels owned by +citizens of the United States, in certain cases; which was read and +passed to a second reading." June 22, ordered to be printed. _Senate +Journal_, 33 Cong. 1 sess. pp. 448, 451; _Congressional Globe_, 33 Cong. +1 sess. pp. 1456, 1461, 1472. + + +~1854, June 26. Congress (Senate): Bill to Suppress Slave-Trade.~ + +"A bill for the more effectual suppression of the slave trade in +American built vessels." See references to May 22, 1854, above. + + +~1856, June 23. Congress (House): Proposition to Amend Act of 1818.~ + +Notice given of a bill to amend the Act of April 20, 1818. _House +Journal_, 34 Cong. 1 sess. II. 1101. + + +~1856, Aug. 18. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $8,000. +_Statutes at Large_, XI. 90. + + +~1856, Nov. 24. South Carolina: Governor's Message.~ + +Governor Adams, in his annual message to the legislature, said:-- + +"It is apprehended that the opening of this trade [_i.e._, the +slave-trade] will lessen the value of slaves, and ultimately destroy the +institution. It is a sufficient answer to point to the fact, that +unrestricted immigration has not diminished the value of labor in the +Northwestern section of the confederacy. The cry there is, want of +labor, notwithstanding capital has the pauperism of the old world to +press into its grinding service. If we cannot supply the demand for +slave labor, then we must expect to be supplied with a species of labor +we do not want, and which is, from the very nature of things, +antagonistic to our institutions. It is much better that our drays +should be driven by slaves--that our factories should be worked by +slaves--that our hotels should be served by slaves--that our locomotives +should be manned by slaves, than that we should be exposed to the +introduction, from any quarter, of a population alien to us by birth, +training, and education, and which, in the process of time, must lead to +that conflict between capital and labor, 'which makes it so difficult to +maintain free institutions in all wealthy and highly civilized nations +where such institutions as ours do not exist.' In all slaveholding +States, true policy dictates that the superior race should direct, and +the inferior perform all menial service. Competition between the white +and black man for this service, may not disturb Northern sensibility, +but it does not exactly suit our latitude." _South Carolina House +Journal_, 1856, p. 36; Cluskey, _Political Text-Book_, 14 edition, p. +585. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That this House of Representatives regards all suggestions +and propositions of every kind, by whomsoever made, for a revival of the +African slave trade, as shocking to the moral sentiment of the +enlightened portion of mankind; and that any action on the part of +Congress conniving at or legalizing that horrid and inhuman traffic +would justly subject the government and citizens of the United States to +the reproach and execration of all civilized and Christian people +throughout the world." Offered by Mr. Etheridge; agreed to, 152 to 57. +_House Journal_, 34 Cong. 3 sess. pp. 105-11; _Congressional Globe_, 34 +Cong. 3 sess. pp. 123-5, and Appendix, pp. 364-70. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That it is inexpedient to repeal the laws prohibiting the +African slave trade." Offered by Mr. Orr; not voted upon. _Congressional +Globe_, 34 Cong. 3 sess. p. 123. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That it is inexpedient, unwise, and contrary to the settled +policy of the United States, to repeal the laws prohibiting the African +slave trade." Offered by Mr. Orr; agreed to, 183 to 8. _House Journal_, +34 Cong. 3 sess. pp. 111-3; _Congressional Globe_, 34 Cong. 3 sess. pp. +125-6. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That the House of Representatives, expressing, as they +believe, public opinion both North and South, are utterly opposed to the +reopening of the slave trade." Offered by Mr. Boyce; not voted upon. +_Congressional Globe_, 34 Cong. 3 sess. p. 125. + + +~1857. South Carolina: Report of Legislative Committee.~ + +Special committee of seven on the slave-trade clause in the Governor's +message report: majority report of six members, favoring the reopening +of the African slave-trade; minority report of Pettigrew, opposing it. +_Report of the Special Committee_, etc., published in 1857. + + +~1857, March 3. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $8,000. +_Statutes at Large_, XI. 227; _House Journal_, 34 Cong. 3 sess. p. 397. +Cf. _House Exec. Doc._, 34 Cong. 3 sess. IX. No. 70. + + +~1858, March (?). Louisiana: Bill to Import Africans.~ + +Passed House; lost in Senate by two votes. Cf. _Congressional Globe_, 35 +Cong. 1 sess. p. 1362. + + +~1858, Dec. 6. President Buchanan's Message.~ + +"The truth is, that Cuba in its existing colonial condition, is a +constant source of injury and annoyance to the American people. It is +the only spot in the civilized world where the African slave trade is +tolerated; and we are bound by treaty with Great Britain to maintain a +naval force on the coast of Africa, at much expense both of life and +treasure, solely for the purpose of arresting slavers bound to that +island. The late serious difficulties between the United States and +Great Britain respecting the right of search, now so happily terminated, +could never have arisen if Cuba had not afforded a market for slaves. As +long as this market shall remain open, there can be no hope for the +civilization of benighted Africa.... + +"It has been made known to the world by my predecessors that the United +States have, on several occasions, endeavored to acquire Cuba from Spain +by honorable negotiation. If this were accomplished, the last relic of +the African slave trade would instantly disappear. We would not, if we +could, acquire Cuba in any other manner. This is due to our national +character.... This course we shall ever pursue, unless circumstances +should occur, which we do not now anticipate, rendering a departure from +it clearly justifiable, under the imperative and overruling law of +self-preservation." _House Exec. Doc._, 35 Cong. 2 sess. II. No. 2, pp. +14-5. See also _Ibid._, pp. 31-3. + + +~1858, Dec. 23. Congress (House): Resolution on Slave-Trade.~ + +On motion of Mr. Farnsworth, + +"_Resolved_, That the Committee on Naval Affairs be requested to inquire +and report to this House if any, and what, further legislation is +necessary on the part of the United States to fully carry out and +perform the stipulations contained in the eighth article of the treaty +with Great Britain (known as the 'Ashburton treaty') for the suppression +of the slave trade." _House Journal_, 35 Cong. 2 sess. pp. 115-6. + + +~1859, Jan. 5. Congress (Senate): Resolution on Slave-Trade.~ + +On motion of Mr. Seward, Dec. 21, 1858, + +"_Resolved_, That the Committee on the Judiciary inquire whether any +amendments to existing laws ought to be made for the suppression of the +African slave trade." _Senate Journal_, 35 Cong. 2 sess. pp. 80, 108, +115. + + +~1859, Jan. 13. Congress (Senate): Bill on Slave-Trade.~ + +Mr. Seward introduced "a bill (Senate, No. 510) in addition to the acts +which prohibit the slave trade." Referred to committee, reported, and +dropped. _Ibid._, pp. 134, 321. + + +~1859, Jan. 31. Congress (House): Reopening of Slave-Trade.~ + +"Mr. Kilgore moved that the rules be suspended, so as to enable him to +submit the following preamble and resolutions, viz: + +"Whereas the laws prohibiting the African slave trade have become a +topic of discussion with newspaper writers and political agitators, many +of them boldly denouncing these laws as unwise in policy and disgraceful +in their provisions, and insisting on the justice and propriety of their +repeal, and the revival of the odious traffic in African slaves; and +whereas recent demonstrations afford strong reasons to apprehend that +said laws are to be set at defiance, and their violation openly +countenanced and encouraged by a portion of the citizens of some of the +States of this Union; and whereas it is proper in view of said facts +that the sentiments of the people's representatives in Congress should +be made public in relation thereto: Therefore-- + +"_Resolved_, That while we recognize no right on the part of the federal +government, or any other law-making power, save that of the States +wherein it exists, to interfere with or disturb the institution of +domestic slavery where it is established or protected by State +legislation, we do hold that Congress has power to prohibit the foreign +traffic, and that no legislation can be too thorough in its measures, +nor can any penalty known to the catalogue of modern punishment for +crime be too severe against a traffic so inhuman and unchristian. + +"_Resolved_, That the laws in force against said traffic are founded +upon the broadest principles of philanthropy, religion, and humanity; +that they should remain unchanged, except so far as legislation may be +needed to render them more efficient; that they should be faithfully and +promptly executed by our government, and respected by all good citizens. + +"_Resolved_, That the Executive should be sustained and commended for +any proper efforts whenever and wherever made to enforce said laws, and +to bring to speedy punishment the wicked violators thereof, and all +their aiders and abettors." + +Failed of the two-thirds vote necessary to suspend the rules--the vote +being 115 to 84--and was dropped. _House Journal_, 35 Cong. 2 sess. pp. +298-9. + + +~1859, March 3. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, and to pay +expenses already incurred, $75,000. _Statutes at Large_, XI. 404. + + +~1859, Dec. 19. President Buchanan's Message.~ + +"All lawful means at my command have been employed, and shall continue +to be employed, to execute the laws against the African slave trade. +After a most careful and rigorous examination of our coasts, and a +thorough investigation of the subject, we have not been able to discover +that any slaves have been imported into the United States except the +cargo by the Wanderer, numbering between three and four hundred. Those +engaged in this unlawful enterprise have been rigorously prosecuted, but +not with as much success as their crimes have deserved. A number of them +are still under prosecution. [Here follows a history of our slave-trade +legislation.] + +"These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of +more than half a century there has been no perceptible addition to the +number of our domestic slaves.... Reopen the trade, and it would be +difficult to determine whether the effect would be more deleterious on +the interests of the master, or on those of the native born slave, ..." +_Senate Exec. Doc._, 36 Cong. 1 sess. I. No. 2, pp. 5-8. + + +~1860, March 20. Congress (Senate): Proposed Resolution.~ + +"Mr. Wilson submitted the following resolution; which was considered, by +unanimous consent, and agreed to:-- + +"_Resolved_, That the Committee on the Judiciary be instructed to +inquire into the expediency of so amending the laws of the United States +in relation to the suppression of the African slave trade as to provide +a penalty of imprisonment for life for a participation in such trade, +instead of the penalty of forfeiture of life, as now provided; and also +an amendment of such laws as will include in the punishment for said +offense all persons who fit out or are in any way connected with or +interested in fitting out expeditions or vessels for the purpose of +engaging in such slave trade." _Senate Journal_, 36 Cong. 1 sess. p. +274. + + +~1860, March 20. Congress (Senate): Right of Search.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a joint resolution (Senate, No. 20) to secure the right of search on the +coast of Africa, for the more effectual suppression of the African slave +trade." Read twice, and referred to Committee on Foreign Relations. +_Ibid._ + + +~1860, March 20. Congress (Senate): Steam Vessels for Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 296) for the construction of five steam screw +sloops-of-war, for service on the African coast." Read twice, and +referred to Committee on Naval Affairs; May 23, reported with an +amendment. _Ibid._, pp. 274, 494-5. + + +~1860 March 26. Congress (House): Proposed Resolutions.~ + +"Mr. Morse submitted ... the following resolutions; which were read and +committed to the Committee of the Whole House on the state of the Union, +viz: + +"_Resolved_, That for the more effectual suppression of the African +slave trade the treaty of 1842 ..., requiring each country to keep +_eighty_ guns on the coast of Africa for that purpose, should be so +changed as to require a specified and sufficient number of small +steamers and fast sailing brigs or schooners to be kept on said +coast.... + +"_Resolved_, That as the African slave trade appears to be rapidly +increasing, some effective mode of identifying the nationality of a +vessel on the coast of Africa suspected of being in the slave trade or +of wearing false colors should be immediately adopted and carried into +effect by the leading maritime nations of the earth; and that the +government of the United States has thus far, by refusing to aid in +establishing such a system, shown a strange neglect of one of the best +means of suppressing said trade. + +"_Resolved_, That the African slave trade is against the moral sentiment +of mankind and a crime against human nature; and that as the most highly +civilized nations have made it a criminal offence or piracy under their +own municipal laws, it ought at once and without hesitation to be +declared a crime by the code of international law; and that ... the +President be requested to open negotiations on this subject with the +leading powers of Europe." ... _House Journal_, 36 Cong. 1 sess. I. +588-9. + + +~1860, April 16. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 408) for the more effectual suppression of the slave +trade." Bill read twice, and ordered to lie on the table; May 21, +referred to Committee on the Judiciary, and printed. _Senate Journal_, +36 Cong. 1 sess. pp. 394, 485; _Congressional Globe_, 36 Cong. 1 sess. +pp. 1721, 2207-11. + + +~1860, May 21. Congress (House): Buyers of Imported Negroes.~ + +"Mr. Wells submitted the following resolution, and debate arising +thereon, it lies over under the rule, viz: + +"_Resolved_, That the Committee on the Judiciary be instructed to report +forthwith a bill providing that any person purchasing any negro or other +person imported into this country in violation of the laws for +suppressing the slave trade, shall not by reason of said purchase +acquire any title to said negro or person; and where such purchase is +made with a knowledge that such negro or other person has been so +imported, shall forfeit not less than one thousand dollars, and be +punished by imprisonment for a term not less than six months." _House +Journal_, 36 Cong. 1 sess. II. 880. + + +~1860, May 26. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $40,000. +_Statutes at Large_, XII. 21. + + +~1860, June 16. United States Statute: Additional Act to Act of 1819.~ + +"An Act to amend an Act entitled 'An Act in addition to the Acts +Prohibiting the Slave Trade.'" _Ibid._, XII. 40-1; _Senate Journal_, 36 +Cong. 1 sess., Senate Bill No. 464. + + +~1860, July 11. Great Britain: Proposed Co-operation.~ + +Lord John Russell suggested for the suppression of the trade:-- + +"1st. A systematic plan of cruising on the coast of Cuba by the vessels +of Great Britain, Spain, and the United States. + +"2d. Laws of registration and inspection in the Island of Cuba, by +which the employment of slaves, imported contrary to law, might be +detected by the Spanish authorities. + +"3d. A plan of emigration from China, regulated by the agents of +European nations, in conjunction with the Chinese authorities." +President Buchanan refused to co-operate on this plan. _House Exec. +Doc._, 36 Cong. 2 sess. IV. No. 7, pp. 441-3, 446-8. + + +~1860, Dec. 3. President Buchanan's Message.~ + +"It is with great satisfaction I communicate the fact that since the +date of my last annual message not a single slave has been imported into +the United States in violation of the laws prohibiting the African slave +trade. This statement is founded upon a thorough examination and +investigation of the subject. Indeed, the spirit which prevailed some +time since among a portion of our fellow-citizens in favor of this trade +seems to have entirely subsided." _Senate Exec. Doc._, 36 Cong. 2 sess. +I. No. 1, p. 24. + + +~1860, Dec. 12. Congress (House): Proposition to Amend Constitution.~ + +Mr. John Cochrane's resolution:-- + +"The migration or importation of slaves into the United States or any of +the Territories thereof, from any foreign country, is hereby +prohibited." _House Journal_, 36 Cong. 2 sess. pp. 61-2; _Congressional +Globe_, 36 Cong. 2 sess. p. 77. + + +~1860, Dec. 24. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 529) for the more effectual suppression of the slave +trade." Read twice, and referred to Committee on the Judiciary; not +mentioned again. _Senate Journal_, 36 Cong. 2 sess. p. 62; +_Congressional Globe_, 36 Cong. 2 sess. p. 182. + + +~1861, Jan. 7. Congress (House): Proposition to Amend Constitution.~ + +Mr. Etheridge's resolution:-- + +§ 5. "The migration or importation of persons held to service or labor +for life, or a term of years, into any of the States, or the Territories +belonging to the United States, is perpetually prohibited; and Congress +shall pass all laws necessary to make said prohibition effective." +_Congressional Globe_, 36 Cong. 2 sess. p. 279. + + +~1861, Jan. 23. Congress (House): Proposition to Amend Constitution.~ + +Resolution of Mr. Morris of Pennsylvania:--"Neither Congress nor a +Territorial Legislature shall make any law respecting slavery or +involuntary servitude, except as a punishment for crime; but Congress +may pass laws for the suppression of the African slave trade, and the +rendition of fugitives from service or labor in the States." Mr. Morris +asked to have it printed, that he might at the proper time move it as an +amendment to the report of the select committee of thirty-three. It was +ordered to be printed. _Ibid._, p. 527. + + +~1861, Feb. 1. Congress (House): Proposition to Amend Constitution.~ + +Resolution of Mr. Kellogg of Illinois:-- + +§ 16. "The migration or importation of persons held to service or +involuntary servitude into any State, Territory, or place within the +United States, from any place or country beyond the limits of the United +States or Territories thereof, is forever prohibited." Considered Feb. +27, 1861, and lost. _Ibid._, pp. 690, 1243, 1259-60. + + +~1861, Feb. 8. Confederate States of America: Importation Prohibited.~ + +Constitution for the Provisional Government of the Confederate States of +America, Article I. Section 7:-- + +"1. The importation of African negroes from any foreign country other +than the slave-holding States of the United States, is hereby forbidden; +and Congress are required to pass such laws as shall effectually prevent +the same. + +"2. The Congress shall also have power to prohibit the introduction of +slaves from any State not a member of this Confederacy." March 11, 1861, +this article was placed in the permanent Constitution. The first line +was changed so as to read "negroes of the African race." _C.S.A. +Statutes at Large, 1861-2_, pp. 3, 15. + + +~1861, Feb. 9. Confederate States of America: Statutory Prohibition.~ + +"_Be it enacted by the Confederate States of America in Congress +assembled_, That all the laws of the United States of America in force +and in use in the Confederate States of America on the first day of +November last, and not inconsistent with the Constitution of the +Confederate States, be and the same are hereby continued in force until +altered or repealed by the Congress." _Ibid._, p. 27. + + +~1861, Feb. 19. United States Statute: Appropriation.~ + +To supply deficiencies in the fund hitherto appropriated to carry out +the Act of March 3, 1819, and subsequent acts, $900,000. _Statutes at +Large_, XII. 132. + + +~1861, March 2. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, and to +provide compensation for district attorneys and marshals, $900,000. +_Ibid._, XII. 218-9. + + +~1861, Dec. 3. President Lincoln's Message.~ + +"The execution of the laws for the suppression of the African slave +trade has been confided to the Department of the Interior. It is a +subject of gratulation that the efforts which have been made for the +suppression of this inhuman traffic have been recently attended with +unusual success. Five vessels being fitted out for the slave trade have +been seized and condemned. Two mates of vessels engaged in the trade, +and one person in equipping a vessel as a slaver, have been convicted +and subjected to the penalty of fine and imprisonment, and one captain, +taken with a cargo of Africans on board his vessel, has been convicted +of the highest grade of offence under our laws, the punishment of which +is death." _Senate Exec. Doc._, 37 Cong. 2 sess. I. No. 1, p. 13. + + +~1862, Jan. 27. Congress (Senate): Bill on Slave-Trade.~ + +"Agreeably to notice Mr. Wilson, of Massachusetts, asked and obtained +leave to bring in a bill (Senate, No. 173), for the more effectual +suppression of the slave trade." Read twice, and referred to Committee +on the Judiciary; Feb. 11, 1863, reported adversely, and postponed +indefinitely. _Senate Journal_, 37 Cong. 2 sess. p. 143; 37 Cong. 3 +sess. pp. 231-2. + + +~1862, March 14. United States Statute: Appropriation.~ + +For compensation to United States marshals, district attorneys, etc., +for services in the suppression of the slave-trade, so much of the +appropriation of March 2, 1861, as may be expedient and proper, not +exceeding in all $10,000. _Statutes at Large_, XII. 368-9. + + +~1862, March 25. United States Statute: Prize Law.~ + +"An Act to facilitate Judicial Proceedings in Adjudications upon +Captured Property, and for the better Administration of the Law of +Prize." Applied to captures under the slave-trade law. _Ibid._, XII. +374-5; _Congressional Globe_, 37 Cong. 2 sess., Appendix, pp. 346-7. + + +~1862, June 7. Great Britain: Treaty of 1862.~ + +"Treaty for the suppression of the African slave trade. Concluded at +Washington April 7, 1862; ratifications exchanged at London May 20, +1862; proclaimed June 7, 1862." Ratified unanimously by the Senate. +_U.S. Treaties and Conventions_ (1889), pp. 454-66. See also _Senate +Exec. Journal_, XII. pp. 230, 231, 240, 254, 391, 400, 403. + + +~1862, July 11. United States Statute: Treaty of 1862 Carried into +Effect.~ + +"An Act to carry into Effect the Treaty between the United States and +her Britannic Majesty for the Suppression of the African Slave-Trade." +_Statutes at Large_, XII. 531; _Senate Journal_ and _House Journal_, +37 Cong. 2 sess., Senate Bill No. 352. + + +~1862, July 17. United States Statute: Former Acts Amended.~ + +"An Act to amend an Act entitled 'An Act to amend an Act entitled "An +Act in Addition to the Acts prohibiting the Slave Trade."'" _Statutes at +Large_, XII. 592-3; _Senate Journal_ and _House Journal_, 37 Cong. 2 +sess., Senate Bill No. 385. + + +~1863, Feb. 4. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Statutes at Large_, XII. 639. + + +~1863, March 3. Congress: Joint Resolution.~ + +"Joint Resolution respecting the Compensation of the Judges and so +forth, under the Treaty with Great Britain and other Persons employed in +the Suppression of the Slave Trade." _Statutes at Large_, XII. 829. + + +~1863, April 22. Great Britain: Treaty of 1862 Amended.~ + +"Additional article to the treaty for the suppression of the African +slave trade of April 7, 1862." Concluded February 17, 1863; +ratifications exchanged at London April 1, 1863; proclaimed April 22, +1863. + +Right of Search extended. _U.S. Treaties and Conventions_ (1889), pp. +466-7. + + +~1863, Dec. 17. Congress (House): Resolution on Coastwise Slave-Trade.~ + +Mr. Julian introduced a bill to repeal portions of the Act of March 2, +1807, relative to the coastwise slave-trade. Read twice, and referred to +Committee on the Judiciary. _Congressional Globe_, 38 Cong. 1 sess. p. +46. + + +~1864, July 2. United States Statute: Coastwise Slave-Trade Prohibited +Forever.~ + +§ 9 of Appropriation Act repeals §§ 8 and 9 of Act of 1807. _Statutes at +Large_, XIII. 353. + + +~1864, Dec. 7. Great Britain: International Proposition.~ + +"The crime of trading in human beings has been for many years branded by +the reprobation of all civilized nations. Still the atrocious traffic +subsists, and many persons flourish on the gains they have derived from +that polluted source. + +"Her Majesty's government, contemplating, on the one hand, with +satisfaction the unanimous abhorrence which the crime inspires, and, on +the other hand, with pain and disgust the slave-trading speculations +which still subist [_sic_], have come to the conclusion that no measure +would be so effectual to put a stop to these wicked acts as the +punishment of all persons who can be proved to be guilty of carrying +slaves across the sea. Her Majesty's government, therefore, invite the +government of the United States to consider whether it would not be +practicable, honorable, and humane-- + +"1st. To make a general declaration, that the governments who are +parties to it denounce the slave trade as piracy. + +"2d. That the aforesaid governments should propose to their legislatures +to affix the penalties of piracy already existing in their +laws--provided, only, that the penalty in this case be that of death--to +all persons, being subjects or citizens of one of the contracting +powers, who shall be convicted in a court which takes cognizance of +piracy, of being concerned in carrying human beings across the sea for +the purpose of sale, or for the purpose of serving as slaves, in any +country or colony in the world." Signed, + "RUSSELL." + +Similar letters were addressed to France, Spain, Portugal, Austria, +Prussia, Italy, Netherlands, and Russia. _Diplomatic Correspondence_, +1865, pt. ii. pp. 4, 58-9, etc. + + +~1865, Jan. 24. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Statutes at Large_, XIII. 424. + + +~1866, April 7. United States Statute: Compensation to Marshals, etc.~ + +For additional compensation to United States marshals, district +attorneys, etc., for services in the suppression of the slave-trade, so +much of the appropriation of March 2, 1861, as may be expedient and +proper, not exceeding in all $10,000; and also so much as may be +necessary to pay the salaries of judges and the expenses of mixed +courts. _Ibid._, XIV. 23. + + +~1866, July 25. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Ibid._, XIV. 226. + + +~1867, Feb. 28. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Ibid._, XIV. 414-5. + + +~1868, March 30. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$12,500. _Ibid._, XV. 58. + + +~1869, Jan. 6. Congress (House): Abrogation of Treaty of 1862.~ + +Mr. Kelsey asked unanimous consent to introduce the following +resolution:-- + +"Whereas the slave trade has been practically suppressed; and whereas by +our treaty with Great Britain for the suppression of the slave trade +large appropriations are annually required to carry out the provisions +thereof: Therefore, + +"_Resolved_, That the Committee on Foreign Affairs are hereby instructed +to inquire into the expediency of taking proper steps to secure the +abrogation or modification of the treaty with Great Britain for the +suppression of the slave trade." Mr. Arnell objected. _Congressional +Globe_, 40 Cong. 3 sess. p. 224. + + +~1869, March 3. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$12,500; provided that the salaries of judges be paid only on condition +that they reside where the courts are held, and that Great Britain be +asked to consent to abolish mixed courts. _Statutes at Large_, XV. 321. + + +~1870, April 22. Congress (Senate): Bill to Repeal Act of 1803.~ + +Senate Bill No. 251, to repeal an act entitled "An act to prevent the +importation of certain persons into certain States where by the laws +thereof their admission is prohibited." Mr. Sumner said that the bill +had passed the Senate once, and that he hoped it would now pass. Passed; +title amended by adding "approved February 28, 1803;" June 29, bill +passed over in House; July 14, consideration again postponed on Mr. +Woodward's objection. _Congressional Globe_, 41 Cong. 2 sess. pp. 2894, +2932, 4953, 5594. + + +~1870, Sept. 16. Great Britain: Additional Treaty.~ + +"Additional convention to the treaty of April 7, 1862, respecting the +African slave trade." Concluded June 3, 1870; ratifications exchanged at +London August 10, 1870; proclaimed September 16, 1870. _U.S. Treaties +and Conventions_ (1889), pp. 472-6. + + +~1871, Dec. 11. Congress (House): Bill on Slave-Trade.~ + +On the call of States, Mr. Banks introduced "a bill (House, No. 490) to +carry into effect article thirteen of the Constitution of the United +States, and to prohibit the owning or dealing in slaves by American +citizens in foreign countries." _House Journal_, 42 Cong. 2 sess. p. +48. + + * * * * * + + + + +APPENDIX C. + +TYPICAL CASES OF VESSELS ENGAGED IN THE AMERICAN SLAVE-TRADE. 1619-1864. + + This chronological list of certain typical American slavers is + not intended to catalogue all known cases, but is designed + merely to illustrate, by a few selected examples, the character + of the licit and the illicit traffic to the United States. + + +~1619.~ ----. Dutch man-of-war, imports twenty Negroes into Virginia, +the first slaves brought to the continent. Smith, _Generall Historie of +Virginia_ (1626 and 1632), p. 126. + + +~1645.~ ~Rainbowe,~ under Captain Smith, captures and imports African +slaves into Massachusetts. The slaves were forfeited and returned. +_Massachusetts Colonial Records_, II. 115, 129, 136, 168, 176; III. 13, +46, 49, 58, 84. + + +~1655.~ ~Witte paert,~ first vessel to import slaves into New York. +O'Callaghan, _Laws of New Netherland_ (ed. 1868), p. 191, note. + + +~1736, Oct.~ ----. Rhode Island slaver, under Capt. John Griffen. +_American Historical Record_, I. 312. + + +~1746.~ ----. Spanish vessel, with certain free Negroes, captured by +Captains John Dennis and Robert Morris, and Negroes sold by them in +Rhode Island, Massachusetts, and New York; these Negroes afterward +returned to Spanish colonies by the authorities of Rhode Island. _Rhode +Island Colonial Records_, V. 170, 176-7; Dawson's _Historical Magazine_, +XVIII. 98. + + +~1752.~ ~Sanderson,~ of Newport, trading to Africa and West Indies. +_American Historical Record_, I. 315-9, 338-42. Cf. above, p. 35, note 4. + + +~1788~ (_circa_). ----. "One or two" vessels fitted out in Connecticut. +W.C. Fowler, _Historical Status of the Negro in Connecticut_, in _Local +Law_, etc., p. 125. + + +~1801.~ ~Sally,~ of Norfolk, Virginia, equipped slaver; libelled and +acquitted; owners claimed damages. _American State Papers, Commerce and +Navigation_, I. No. 128. + + +~1803~ (?). ----. Two slavers seized with slaves, and brought to +Philadelphia; both condemned, and slaves apprenticed. Robert Sutcliff, +_Travels in North America_, p. 219. + + +~1804.~ ----. Slaver, allowed by Governor Claiborne to land fifty +Negroes in Louisiana. _American State Papers, Miscellaneous_, I. No. +177. + + +~1814.~ ~Saucy Jack~ carries off slaves from Africa and attacks British +cruiser. _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 46; 21 Cong. 1 +sess. III. No. 348, p. 147. + + +~1816~ (_circa_). ~Paz,~ ~Rosa,~ ~Dolores,~ ~Nueva Paz,~ and ~Dorset,~ +American slavers in Spanish-African trade. Many of these were formerly +privateers. _Ibid._, 17 Cong. 1 sess. II. No. 92, pp. 45-6; 21 Cong. 1 +sess. III. No. 348, pp. 144-7. + + +~1817, Jan. 17.~ ~Eugene,~ armed Mexican schooner, captured while +attempting to smuggle slaves into the United States. _House Doc._, 15 +Cong. 1 sess. II. No. 12, p. 22. + + +~1817, Nov. 19.~ ~Tentativa,~ captured with 128 slaves and brought into +Savannah. _Ibid._, p. 38; _House Reports_, 21 Cong. 1 sess. III. No. +348, p. 81. See _Friends' View of the African Slave Trade_ (1824), pp. +44-7. + + +~1818.~ ----. Three schooners unload slaves in Louisiana. Collector Chew +to the Secretary of the Treasury, _House Reports_, 21 Cong. 1 sess. III. +No. 348, p. 70. + + +~1818, Jan. 23.~ English brig ~Neptune,~ detained by U.S.S. John Adams, +for smuggling slaves into the United States. _House Doc._, 16 Cong. 1 +sess. III. No. 36 (3). + + +~1818, June.~ ~Constitution,~ captured with 84 slaves on the Florida +coast, by a United States army officer. See references under 1818, June, +below. + + +~1818, June.~ ~Louisa~ and ~Merino,~ captured slavers, smuggling from +Cuba to the United States; condemned after five years' litigation. +_House Doc._, 15 Cong. 2 sess. VI. No. 107; 19 Cong. 1 sess. VI.-IX. +Nos. 121, 126, 152, 163; _House Reports_, 19 Cong. 1 sess. II. No. 231; +_American State Papers, Naval Affairs_, II. No. 308; Decisions of the +United States Supreme Court in _9 Wheaton_, 391. + + +~1819.~ ~Antelope,~ or ~General Ramirez.~ The Colombia (or Arraganta), a +Venezuelan privateer, fitted in the United States and manned by +Americans, captures slaves from a Spanish slaver, the Antelope, and from +other slavers; is wrecked, and transfers crew and slaves to Antelope; +the latter, under the name of the General Ramirez, is captured with 280 +slaves by a United States ship. The slaves were distributed, some to +Spanish claimants, some sent to Africa, and some allowed to remain; many +died. _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 5, 15; 21 Cong. +1 sess. III. No. 348, p. 186; _House Journal_, 20 Cong. 1 sess. pp. 59, +76, 123 to 692, _passim_. Gales and Seaton, _Register of Debates_, IV. +pt. 1, pp. 915-6, 955-68, 998, 1005; _Ibid._, pt. 2, pp. 2501-3; +_American State Papers, Naval Affairs_, II. No. 319, pp. 750-60; +Decisions of the United States Supreme Court in _10 Wheaton_, 66, and +_12 Ibid._, 546. + + +~1820.~ ~Endymion,~ ~Plattsburg,~ ~Science,~ ~Esperanza,~ and +~Alexander,~ captured on the African coast by United States ships, and +sent to New York and Boston. _House Reports_, 17 Cong. 1 sess. II. No. +92, pp. 6, 15; 21 Cong. 1 sess. III. No. 348, pp. 122, 144, 187. + + +~1820.~ ~General Artigas~ imports twelve slaves into the United States. +_Friends' View of the African Slave Trade_ (1824), p. 42. + +~1821~ (?). ~Dolphin,~ captured by United States officers and sent to +Charleston, South Carolina. _Ibid._, pp. 31-2. + + +~1821.~ ~La Jeune Eugène,~ ~La Daphnée,~ ~La Mathilde,~ and ~L'Elize,~ +captured by U.S.S. Alligator; ~La Jeune Eugène~ sent to Boston; the rest +escape, and are recaptured under the French flag; the French protest. +_House Reports_, 21 Cong. 1 sess. III. No. 348, p. 187; _Friends' View +of the African Slave Trade_ (1824), pp. 35-41. + + +~1821.~ ~La Pensée,~ captured with 220 slaves by the U.S.S. Hornet; +taken to Louisiana. _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 5; +21 Cong. 1 sess. III. No. 348, p. 186. + + +~1821.~ ~Esencia~ lands 113 Negroes at Matanzas. _Parliamentary Papers_, +1822, Vol. XXII., _Slave Trade, Further Papers_, III. p. 78. + + +~1826.~ ~Fell's Point~ attempts to land Negroes in the United States. +The Negroes were seized. _American State Papers, Naval Affairs_, II. No. +319, p. 751. + + +~1827, Dec. 20.~ ~Guerrero,~ Spanish slaver, chased by British, cruiser +and grounded on Key West, with 561 slaves; a part (121) were landed at +Key West, where they were seized by the collector; 250 were seized by +the Spanish and taken to Cuba, etc. _House Journal_, 20 Cong. 1 sess. p. +650; _House_ _Reports_, 24 Cong. 1 sess. I. No. 268; 25 Cong. 2 sess. +I. No. 4; _American State Papers, Naval Affairs_, III. No. 370, p. 210; +_Niles's Register_, XXXIII. 373. + + +~1828, March 11.~ ~General Geddes~ brought into St. Augustine for safe +keeping 117 slaves, said to have been those taken from the wrecked +~Guerrero~ and landed at Key West (see above, 1827). _House Doc._, 20 +Cong. 1 sess. VI. No. 262. + + +~1828.~ ~Blue-eyed Mary,~ of Baltimore, sold to Spaniards and captured +with 405 slaves by a British cruiser. _Niles's Register_, XXXIV. 346. + + +~1830, June 4.~ ~Fenix,~ with 82 Africans, captured by U.S.S. Grampus, +and brought to Pensacola; American built, with Spanish colors. _House +Doc._, 21 Cong. 2 sess. III. No. 54; _House Reports_, 24 Cong. 1 sess. +I. No. 223; _Niles's Register_, XXXVIII. 357. + + +~1831, Jan. 3.~ ~Comet,~ carrying slaves from the District of Columbia +to New Orleans, was wrecked on Bahama banks and 164 slaves taken to +Nassau, in New Providence, where they were freed. Great Britain finally +paid indemnity for these slaves. _Senate Doc._, 24 Cong. 2 sess. II. No. +174; 25 Cong. 3 sess. III. No. 216. + + +~1834, Feb. 4.~ ~Encomium,~ bound from Charleston, South Carolina, to +New Orleans, with 45 slaves, was wrecked near Fish Key, Abaco, and +slaves were carried to Nassau and freed. Great Britain eventually paid +indemnity for these slaves. _Ibid._ + + +~1835, March.~ ~Enterprise,~ carrying 78 slaves from the District of +Columbia to Charleston, was compelled by rough weather to put into the +port of Hamilton, West Indies, where the slaves were freed. Great +Britain refused to pay for these, because, before they landed, slavery +in the West Indies had been abolished. _Ibid._ + + +~1836, Aug.-Sept.~ ~Emanuel,~ ~Dolores,~ ~Anaconda,~ and ~Viper,~ built +in the United States, clear from Havana for Africa. _House Doc._, 26 +Cong. 2 sess. V. No. 115, pp. 4-6, 221. + + +~1837.~ ----. Eleven American slavers clear from Havana for Africa. +_Ibid._, p. 221. + + +~1837.~ ~Washington,~ allowed to proceed to Africa by the American +consul at Havana. _Ibid._, pp. 488-90, 715 ff; 27 Cong, 1 sess. No. 34, +pp. 18-21. + + +~1838.~ ~Prova~ spends three months refitting in the harbor of +Charleston, South Carolina; afterwards captured by the British, with 225 +slaves. _Ibid._, pp. 121, 163-6. + + +~1838.~ ----. Nineteen American slavers clear from Havana for Africa. +_House Doc._, 26 Cong. 2 sess. V. No. 115, p. 221. + + +~1838-9.~ ~Venus,~ American built, manned partly by Americans, owned by +Spaniards. _Ibid._, pp. 20-2, 106, 124-5, 132, 144-5, 330-2, 475-9. + + +~1839.~ ~Morris Cooper,~ of Philadelphia, lands 485 Negroes in Cuba. +_Niles's Register_, LVII. 192. + + +~1839.~ ~Edwin~ and ~George Crooks,~ slavers, boarded by British +cruisers. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 12-4, 61-4. + + +~1839.~ ~Eagle,~ ~Clara,~ and ~Wyoming,~ with American and Spanish flags +and papers and an American crew, captured by British cruisers, and +brought to New York. The United States government declined to interfere +in case of the ~Eagle~ and the ~Clara,~ and they were taken to Jamaica. +The ~Wyoming~ was forfeited to the United States. _Ibid._, pp. 92-104, +109, 112, 118-9, 180-4; _Niles's Register_, LVI. 256; LVII. 128, 208. + + +~1839.~ ~Florida,~ protected from British cruisers by American papers. +_House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 113-5. + + +~1839.~ ----. Five American slavers arrive at Havana from Africa, under +American flags. _Ibid._, p. 192. + + +~1839.~ ----. Twenty-three American slavers clear from Havana. _Ibid._, +pp. 190-1, 221. + + +~1839.~ ~Rebecca,~ part Spanish, condemned at Sierra Leone. _House +Reports_, 27 Cong. 3 sess. III. No. 283, pp. 649-54, 675-84. + + +~1839.~ ~Douglas~ and ~Iago,~ American slavers, visited by British +cruisers, for which the United States demanded indemnity. _Ibid._, pp. +542-65, 731-55; _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, pp. +39-45, 107-12, 116-24, 160-1, 181-2. + + +~1839, April 9.~ ~Susan,~ suspected slaver, boarded by the British. +_House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 34-41. + + +~1839, July-Sept.~ ~Dolphin~ (or ~Constitução),~ ~Hound,~ ~Mary Cushing~ +(or ~Sete de Avril~), with American and Spanish flags and papers. +_Ibid._, pp. 28, 51-5, 109-10, 136, 234-8; _House Reports_, 27 Cong. 3 +sess. III. No. 283, pp. 709-15. + + +~1839, Aug.~ ~L'Amistad,~ slaver, with fifty-three Negroes on board, who +mutinied; the vessel was then captured by a United States vessel and +brought into Connecticut; the Negroes were declared free. _House Doc._, +26 Cong. 1 sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 Cong. 1 +sess. IV. No. 83; _House Exec. Doc._, 32 Cong. 2 sess. III. No. 20; +_House Reports_, 26 Cong. 2 sess. No. 51; 28 Cong. 1 sess. II. No. 426; +29 Cong. 1 sess. IV. No. 753; _Senate Doc._, 26 Cong. 2 sess. IV. No. +179; _Senate Exec. Doc._, 31 Cong. 2 sess. III. No. 29; 32 Cong. 2 sess. +III. No. 19; _Senate Reports_, 31 Cong. 2 sess. No. 301; 32 Cong. 1 +sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; Decisions of the United +States Supreme Court in _15 Peters_, 518; _Opinions of the +Attorneys-General_, III. 484-92. + + +~1839, Sept.~ ~My Boy,~ of New Orleans, seized by a British cruiser, and +condemned at Sierra Leone. _Niles's Register_, LVII. 353. + + +~1839, Sept. 23.~ ~Butterfly,~ of New Orleans, fitted as a slaver, and +captured by a British cruiser on the coast of Africa. _House Doc._, 26 +Cong. 2 sess. No. 115, pp. 191, 244-7; _Niles's Register_, LVII. 223. + + +~1839, Oct.~ ~Catharine,~ of Baltimore, captured on the African coast by +a British cruiser, and brought by her to New York. _House Doc._, 26 +Cong. 2 sess. V No. 115, pp. 191, 215, 239-44; _Niles's Register_, LVII. +119, 159. + + +~1839.~ ~Asp,~ ~Laura,~ and ~Mary Ann Cassard,~ foreign slavers sailing +under the American flag. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. +126-7, 209-18; _House Reports_, 27 Cong. 3 sess. III. No. 283, p. 688 +ff. + + +~1839.~ ~Two Friends,~ of New Orleans, equipped slaver, with Spanish, +Portuguese, and American flags. _House Doc._, 26 Cong. 2 sess. V. No. +115, pp. 120, 160-2, 305. + + +~1839.~ ~Euphrates,~ of Baltimore, with American papers, seized by +British cruisers as Spanish property. Before this she had been boarded +fifteen times. _Ibid._, pp. 41-4; A.H. Foote, _Africa and the American +Flag_, pp. 152-6. + + +~1839.~ ~Ontario,~ American slaver, "sold" to the Spanish on shipping a +cargo of slaves. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 45-50. + + +~1839.~ ~Mary,~ of Philadelphia; case of a slaver whose nationality was +disputed. _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 736-8; +_Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, pp. 19, 24-5. + + +~1840, March.~ ~Sarah Ann,~ of New Orleans, captured with fraudulent +papers. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 184-7. + + +~1840, June.~ ~Caballero,~ ~Hudson,~ and ~Crawford;~ the arrival of +these American slavers was publicly billed in Cuba. _Ibid._, pp. 65-6. + + +~1840.~ ~Tigris,~ captured by British cruisers and sent to Boston for +kidnapping. _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 724-9; +_Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, P. 94. + + +~1840.~ ~Jones,~ seized by the British. _Senate Doc._, 29 Cong. 1 sess. +VIII. No. 377, pp. 131-2, 143-7, 148-60. + + +~1841, Nov. 7.~ ~Creole,~ of Richmond, Virginia, transporting slaves to +New Orleans; the crew mutiny and take her to Nassau, British West +Indies. The slaves were freed and Great Britain refused indemnity. +_Senate Doc._, 27 Cong. 2 sess. II. No. 51 and III. No. 137. + + +~1841.~ ~Sophia,~ of New York, ships 750 slaves for Brazil. _House +Doc._, 29 Cong. 1 sess. III. No. 43, pp. 3-8. + + +~1841.~ ~Pilgrim,~ of Portsmouth, N.H., ~Solon,~ of Baltimore, ~William +Jones~ and ~Himmaleh,~ of New York, clear from Rio Janeiro for Africa. +_Ibid._, pp. 8-12. + + +~1842, May.~ ~Illinois,~ of Gloucester, saved from search by the +American flag; escaped under the Spanish flag, loaded with slaves. +_Senate Doc._, 28 Cong. 2 sess. IX. No. 150, p. 72 ff. + + +~1842, June.~ ~Shakespeare,~ of Baltimore, with 430 slaves, captured by +British cruisers. _Ibid._ + + +~1843.~ ~Kentucky,~ of New York, trading to Brazil. _Ibid._, 30 Cong. 1 +sess. IV. No. 28, pp. 71-8; _House Exec. Doc._, 30 Cong. 2 sess. VII. +No. 61, p. 72 ff. + + +~1844.~ ~Enterprise,~ of Boston, transferred in Brazil for slave-trade. +_Senate Exec. Doc._, 30 Cong. 1 sess. IV. No. 28, pp. 79-90. + + +~1844.~ ~Uncas,~ of New Orleans, protected by United States papers; +allowed to clear, in spite of her evident character. _Ibid._, 28 Cong. 2 +sess. IX. No. 150, pp. 106-14. + + +~1844.~ ~Sooy,~ of Newport, without papers, captured by the British +sloop Racer, after landing 600 slaves on the coast of Brazil. _House +Doc._, 28 Cong. 2 sess. IV. No. 148, pp. 4, 36-62. + + +~1844.~ ~Cyrus,~ of New Orleans, suspected slaver, captured by the +British cruiser Alert. _Ibid._, pp. 3-41. + + +~1844-5.~ ----. Nineteen slavers from Beverly, Boston, Baltimore, +Philadelphia, New York, Providence, and Portland, make twenty-two trips. +_Ibid._, 30 Cong. 2 sess. VII. No. 61, pp. 219-20. + + +~1844-9.~ ----. Ninety-three slavers in Brazilian trade. _Senate Exec. +Doc._, 31 Cong. 2 sess. II. No. 6, pp. 37-8. + + +~1845.~ ~Porpoise,~ trading to Brazil. _House Exec. Doc._, 30 Cong. 2 +sess. VII. No. 61, pp. 111-56, 212-4. + + +~1845, May 14.~ ~Spitfire,~ of New Orleans, captured on the coast of +Africa, and the captain indicted in Boston. A.H. Foote, _Africa and the +American Flag_, pp. 240-1; _Niles's Register_, LXVIII. 192, 224, 248-9. + + +~1845-6.~ ~Patuxent,~ ~Pons,~ ~Robert Wilson,~ ~Merchant,~ and +~Panther,~ captured by Commodore Skinner. _House Exec. Doc._, 31 Cong. 1 +sess. IX. No. 73. + + +~1847.~ ~Fame,~ of New London, Connecticut, lands 700 slaves in Brazil. +_House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, pp. 5-6, 15-21. + + +~1847.~ ~Senator,~ of Boston, brings 944 slaves to Brazil. _Ibid._, pp. +5-14. + + +~1849.~ ~Casco,~ slaver, with no papers; searched, and captured with 420 +slaves, by a British cruiser. _Senate Exec. Doc._, 31 Cong. 1 sess. XIV +No. 66, p. 13. + + +~1850.~ ~Martha,~ of New York, captured when about to embark 1800 +slaves. The captain was admitted to bail, and escaped. A.H. Foote, +_Africa and the American Flag_, pp. 285-92. + + +~1850.~ ~Lucy Ann,~ of Boston, captured with 547 slaves by the British. +_Senate Exec. Doc._, 31 Cong. 1 sess. XIV No. 66, pp. 1-10 ff. + + +~1850.~ ~Navarre,~ American slaver, trading to Brazil, searched and +finally seized by a British cruiser. _Ibid._ + + +~1850~ (_circa_). ~Louisa Beaton,~ ~Pilot,~ ~Chatsworth,~ ~Meteor,~ ~R. +de Zaldo,~ ~Chester,~ etc., American slavers, searched by British +vessels. _Ibid., passim._ + + +~1851, Sept. 18.~ ~Illinois~ brings seven kidnapped West India Negro +boys into Norfolk, Virginia. _House Exec. Doc._, 34 Cong. 1 sess. XII. +No. 105, pp. 12-14. + + +~1852-62.~ ----. Twenty-six ships arrested and bonded for slave-trading +in the Southern District of New York. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 53. + + +~1852.~ ~Advance~ and ~Rachel P. Brown,~ of New York; the capture of +these was hindered by the United States consul in the Cape Verd Islands. +_Ibid._, 34 Cong. 1 sess. XV. No. 99, pp. 41-5; _House Exec. Doc._, 34 +Cong. 1 sess. XII. No. 105, pp. 15-19. + + +~1853.~ ~Silenus,~ of New York, and ~General de Kalb,~ of Baltimore, +carry 900 slaves from Africa. _Senate Exec. Doc._, 34 Cong. 1 sess. XV. +No. 99, pp. 46-52; _House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105, +pp. 20-26. + + +~1853.~ ~Jasper~ carries slaves to Cuba. _Senate Exec. Doc._, 34 Cong. 1 +sess. XV. No. 99, pp. 52-7. + + +~1853.~ ~Camargo,~ of Portland, Maine, lands 500 slaves in Brazil. +_Ibid._, 33 Cong. 1 sess. VIII. No. 47. + + +~1854.~ ~Glamorgan,~ of New York, captured when about to embark nearly +700 slaves. _Ibid._, 34 Cong. 1 sess. XV. No. 99, pp. 59-60. + + +~1854.~ ~Grey Eagle,~ of Philadelphia, captured off Cuba by British +cruiser. _Ibid._, pp. 61-3. + + +~1854.~ ~Peerless,~ of New York, lands 350 Negroes in Cuba. _Ibid._, +p. 66. + + +~1854.~ ~Oregon,~ of New Orleans, trading to Cuba. _Senate Exec. Doc._, +34 Cong. 1 sess. XV. No. 99, pp. 69-70. + + +~1856.~ ~Mary E. Smith,~ sailed from Boston in spite of efforts to +detain her, and was captured with 387 slaves, by the Brazilian brig +Olinda, at port of St. Matthews. _Ibid._, pp. 71-3. + + +~1857.~ ----. Twenty or more slavers from New York, New Orleans, etc. +_Ibid._, 35 Cong. 1 sess. XII. No. 49, pp. 14-21, 70-1, etc. + + +~1857.~ ~William Clark~ and ~Jupiter,~ of New Orleans, ~Eliza Jane,~ of +New York, ~Jos. H. Record,~ of Newport, and ~Onward,~ of Boston, +captured by British cruisers. _Ibid._, pp. 13, 25-6, 69, etc. + + +~1857.~ ~James Buchanan,~ slaver, escapes under American colors, with +300 slaves. _Ibid._, p. 38. + + +~1857.~ ~James Titers,~ of New Orleans, with 1200 slaves, captured by +British cruiser. _Ibid._, pp. 31-4, 40-1. + + +~1857.~ ----. Four New Orleans slavers on the African coast. _Senate +Exec. Doc._, 35 Cong. 1 sess., XII. No. 49, p. 30. + + +~1857.~ ~Cortes,~ of New York, captured. _Ibid._, pp. 27-8. + + +~1857.~ ~Charles,~ of Boston, captured by British cruisers, with about +400 slaves. _Ibid._, pp. 9, 13, 36, 69, etc. + + +~1857.~ ~Adams Gray~ and ~W.D. Miller,~ of New Orleans, fully equipped +slavers. _Ibid._, pp. 3-5, 13. + + +~1857-8.~ ~Charlotte,~ of New York, ~Charles,~ of Maryland, etc., +reported American slavers. _Ibid., passim_. + + +~1858, Aug. 21.~ ~Echo,~ captured with 306 slaves, and brought to +Charleston, South Carolina. _House Exec. Doc._, 35 Cong. 2 sess. II. pt. +4, No. 2. pt. 4, pp. 5, 14. + + +~1858, Sept. 8.~ ~Brothers,~ captured and sent to Charleston, South +Carolina. _Ibid._, p. 14. + + +~1858.~ ~Mobile,~ ~Cortez,~ ~Tropic Bird;~ cases of American slavers +searched by British vessels. _Ibid._, 36 Cong. 2 sess. IV. No. 7, p. 97 +ff. + + +~1858.~ ~Wanderer,~ lands 500 slaves in Georgia. _Senate Exec. Doc._, 35 +Cong. 2 sess. VII. No. 8; _House Exec. Doc._, 35 Cong. 2 sess. IX. No. +89. + + +~1859, Dec. 20.~ ~Delicia,~ supposed to be Spanish, but without papers; +captured by a United States ship. The United States courts declared her +beyond their jurisdiction. _House Exec. Doc._, 36 Cong. 2 sess. IV. No. +7, p. 434. + + +~1860.~ ~Erie,~ with 897 Africans, captured by a United States ship. +_Senate Exec. Doc._, 36 Cong. 2 sess. I. No. 1, pp. 41-4. + + +~1860.~ ~William,~ with 550 slaves, ~Wildfire,~ with 507, captured on +the coast of Cuba. _Senate Journal_, 36 Cong. 1 sess. pp. 478-80, 492, +543, etc.; _Senate Exec. Doc._, 36 Cong. 1 sess. XI. No. 44; _House +Exec. Doc._, 36 Cong. 1 sess. XII. No. 83; 36 Cong. 2 sess. V. No. 11; +_House Reports_, 36 Cong. 1 sess. IV. No. 602. + + +~1861.~ ~Augusta,~ slaver, which, in spite of the efforts of the +officials, started on her voyage. _Senate Exec Doc._, 37 Cong. 2 sess. +V. No. 40; _New York Tribune_, Nov. 26, 1861. + + +~1861.~ ~Storm King,~ of Baltimore, lands 650 slaves in Cuba. _Senate +Exec. Doc._, 38 Cong. 1 sess. No. 56, p. 3. + + +~1862.~ ~Ocilla,~ of Mystic, Connecticut, lands slaves in Cuba. _Ibid._, +pp. 8-13. + + +~1864.~ ~Huntress,~ of New York, under the American flag, lands slaves +in Cuba. _Ibid._, pp. 19-21. + + * * * * * + + + + +APPENDIX D. + +BIBLIOGRAPHY. + +~COLONIAL LAWS.~ + +[The Library of Harvard College, the Boston Public Library, and the +Charlemagne Tower Collection at Philadelphia are especially rich in +Colonial Laws.] + + +~Alabama and Mississippi Territory.~ Acts of the Assembly of Alabama, +1822, etc.; J.J. Ormond, Code of Alabama, Montgomery, 1852; H. Toulmin, +Digest of the Laws of Alabama, Cahawba, 1823; A. Hutchinson, Code of +Mississippi, Jackson, 1848; Statutes of Mississippi etc., digested, +Natchez, 1816 and 1823. + +~Connecticut.~ Acts and Laws of Connecticut, New London, 1784 [-1794], +and Hartford, 1796; Connecticut Colonial Records; The General Laws and +Liberties of Connecticut Colonie, Cambridge, 1673, reprinted at Hartford +in 1865; Statute Laws of Connecticut, Hartford, 1821. + +~Delaware.~ Laws of Delaware, 1700-1797, 2 vols., New Castle, 1797. + +~Georgia.~ George W.J. De Renne, editor, Colonial Acts of Georgia, +Wormsloe, 1881; Constitution of Georgia; T.R.R. Cobb, Digest of the +Laws, Athens, Ga., 1851; Horatio Marbury and W.H. Crawford, Digest of +the Laws, Savannah, 1802; Oliver H. Prince, Digest of the Laws, 2d +edition, Athens, Ga., 1837. + +~Maryland.~ James Bisset, Abridgment of the Acts of Assembly, +Philadelphia, 1759; Acts of Maryland, 1753-1768, Annapolis, 1754 +[-1768]; Compleat Collection of the Laws of Maryland, Annapolis, 1727; +Thomas Bacon, Laws of Maryland at Large, Annapolis, 1765; Laws of +Maryland since 1763, Annapolis, 1787, year 1771; Clement Dorsey, General +Public Statutory Law, etc., 1692-1837, 3 vols., Baltimore, 1840. + +~Massachusetts.~ Acts and Laws of His Majesty's Province of the +Massachusetts-Bay in New-England, Boston, 1726; Acts and Resolves ... of +the Province of the Massachusetts Bay, 1692-1780 [Massachusetts +Province Laws]; Colonial Laws of Massachusetts, reprinted from the +editions of 1660 and 1672, Boston, 1887, 1890; General Court Records; +Massachusetts Archives; Massachusetts Historical Society Collections; +Perpetual Laws of Massachusetts, 1780-1789, Boston, 1789; Plymouth +Colony Records; Records of the Governor and Company of the Massachusetts +Bay. + +~New Jersey.~ Samuel Allinson, Acts of Assembly, Burlington, 1776; +William Paterson, Digest of the Laws, Newark, 1800; William A. +Whitehead, editor, Documents relating to the Colonial History of New +Jersey, Newark, 1880-93; Joseph Bloomfield, Laws of New Jersey, Trenton, +1811; New Jersey Archives. + +~New York.~ Acts of Assembly, 1691-1718, London, 1719; E.B. O'Callaghan, +Documentary History of New York, 4 vols., Albany, 1849-51; E.B. +O'Callaghan, editor, Documents relating to the Colonial History of New +York, 12 vols., Albany, 1856-77; Laws of New York, 1752-1762, New York, +1762; Laws of New York, 1777-1801, 5 vols., republished at Albany, +1886-7. + +~North Carolina.~ F.X. Martin, Iredell's Public Acts of Assembly, +Newbern, 1804; Laws, revision of 1819, 2 vols., Raleigh, 1821; North +Carolina Colonial Records, edited by William L. Saunders, Raleigh, +1886-90. + +~Pennsylvania.~ Acts of Assembly, Philadelphia, 1782; Charter and Laws +of the Province of Pennsylvania, Harrisburg, 1879; M. Carey and J. +Bioren, Laws of Pennsylvania, 1700-1802, 6 vols., Philadelphia, 1803; +A.J. Dallas, Laws of Pennsylvania, 1700-1781, Philadelphia, 1797; +_Ibid._, 1781-1790, Philadelphia, 1793; Collection of all the Laws now +in force, 1742; Pennsylvania Archives; Pennsylvania Colonial Records. + +~Rhode Island.~ John Russell Bartlett, Index to the Printed Acts and +Resolves, of ... the General Assembly, 1756-1850, Providence, 1856; +Elisha R. Potter, Reports and Documents upon Public Schools, etc., +Providence, 1855; Rhode Island Colonial Records. + +~South Carolina.~ J.F. Grimké, Public Laws, Philadelphia, 1790; Thomas +Cooper and D.J. McCord, Statutes at Large, 10 vols., Columbia, 1836-41. + +~Vermont.~ Statutes of Vermont, Windsor, 1787; Vermont State Papers, +Middlebury, 1823. + +~Virginia.~ John Mercer, Abridgement of the Acts of Assembly, Glasgow, +1759; Acts of Assembly, Williamsburg, 1769: Collection of Public Acts +... passed since 1768, Richmond, 1785; Collections of the Virginia +Historical Society; W.W. Hening, Statutes at Large, 13 vols., Richmond, +etc., 1819-23; Samuel Shepherd, Statutes at Large, New Series +(continuation of Hening), 3 vols, Richmond, 1835-6. + + +~UNITED STATES DOCUMENTS.~ + +~1789-1836.~ American State Papers--Class I., _Foreign Relations_, Vols. +III. and IV. (Reprint of Foreign Relations, 1789-1828.) Class VI., +_Naval Affairs_. (Well indexed.) + +~1794, Feb. 11.~ Report of Committee on the Slave Trade. _Amer. State +Papers, Miscellaneous_, I. No. 44. + +~1806, Feb. 17.~ Report of the Committee appointed on the seventh +instant, to inquire whether any, and if any, what Additional Provisions +are necessary to Prevent the Importation of Slaves into the Territories +of the United States. _House Reports_, 9 Cong. 1 sess. II. + +~1817, Feb. 11.~ Joint Resolution for abolishing the traffick in Slaves, +and the Colinization [_sic_] of the Free People Of Colour of the United +States. _House Doc._, 14 Cong. 2 sess. II. No. 77. + +~1817, Dec. 15.~ Message from the President ... communicating +Information of the Proceeding of certain Persons who took Possession of +Amelia Island and of Galvezton, [_sic_] during the Summer of the Present +Year, and made Establishments there. _House Doc._, 15 Cong. 1 sess. II. +No. 12. (Contains much evidence of illicit traffic.) + +~1818, Jan. 10.~ Report of the Committee to whom was referred so much of +the President's Message as relates to the introduction of Slaves from +Amelia Island. _House Doc._, 15 Cong. 1 sess. III. No. 46 (cf. _House +Reports_, 21 Cong. 1 sess. III. No. 348). + +~1818, Jan. 13.~ Message from the President ... communicating +information of the Troops of the United States having taken possession +of Amelia Island, in East Florida. _House Doc._, 15 Cong. 1 sess. III. +No. 47. (Contains correspondence.) + +~1819, Jan. 12.~ Letter from the Secretary of the Navy, transmitting +copies of the instructions which have been issued to Naval Commanders, +upon the subject of the Importation of Slaves, etc. _House Doc._, 15 +Cong. 2 sess. IV. No. 84. + +~1819, Jan. 19.~ Extracts from Documents in the Departments of State, of +the Treasury, and of the Navy, in relation to the Illicit Introduction +of Slaves into the United States. _House Doc._, 15 Cong. 2 sess. VI. No. +100. + +~1819, Jan. 21.~ Letter from the Secretary of the Treasury ... in +relation to Ships engaged in the Slave Trade, which have been Seized and +Condemned, and the Disposition which has been made of the Negroes, by +the several State Governments, under whose Jurisdiction they have +fallen. _House Doc._, 15 Cong. 2 sess. VI. No. 107. + +~1820, Jan. 7.~ Letter from the Secretary of the Navy, transmitting +information in relation to the Introduction of Slaves into the United +States. _House Doc._, 16 Cong. 1 sess. III. No. 36. + +~1820, Jan. 13.~ Letter from the Secretary of the Treasury, transmitting +... Information in relation to the Illicit Introduction of Slaves into +the United States, etc., _Ibid._, No. 42. + +~1820, May 8.~ Report of the Committee to whom was referred ... so much +of the President's Message as relates to the Slave Trade, etc. _House +Reports_, 16 Cong. 1 sess. No. 97. + +~1821, Jan. 5.~ Message from the President ... transmitting ... +Information on the Subject of the African Slave Trade. _House Doc._, 16 +Cong. 2 sess. IV. No. 48. + +~1821, Feb. 7.~ Report of the Secretary of the Navy. _House Reports_, 17 +Cong. 1 sess. No. 92, pp. 15-21. + +~1821, Feb. 9.~ Report of the Committee to which was referred so much of +the President's message as relates to the Slave Trade. _House Reports_, +16 Cong. 2 sess. No. 59. + +~1822, April 12.~ Report of the Committee on the Suppression of the +Slave Trade. Also Report of 1821, Feb. 9, reprinted. (Contains +discussion of the Right of Search, and papers on European Conference for +the Suppression of the Slave Trade.) _House Reports_, 17 Cong. 1 sess. +II. No. 92. + +~1823, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 18 +Cong. 1 sess. I. No. 2, p. 111, ff.; _Amer. State Papers, Naval +Affairs_, I. No. 258. (Contains reports on the establishment at Cape +Mesurado.)[1] + +~1824, March 20.~ Message from the President ... in relation to the +Suppression of the African Slave Trade. _House Doc._, 18 Cong. 1 sess. +VI. No. 119. (Contains correspondence on the proposed treaty of 1824.) + +~1824, Dec. 1.~ Report of the Secretary of the Navy. _Amer. State +Papers, Naval Affairs_, I. No. 249. + +~1824, Dec. 7.~ Documents accompanying the Message of the President ... +to both Houses of Congress, at the commencement of the Second Session of +the Eighteenth Congress: Documents from the Department of State. _House +Doc._, 18 Cong. 2 sess. I. No. 1. pp. 1-56. Reprinted in _Senate Doc._, +18 Cong. 2 sess. I. No. 1. (Matter on the treaty of 1824.) + +~1825, Feb. 16.~ Report of the Committee to whom was referred so much of +the President's Message, of the 7th of December last, as relates to the +Suppression of the Slave Trade. _House Reports_, 18 Cong. 2 sess. I. No. +70 (Report favoring the treaty of 1824.) + +~1825, Dec. 2.~ Report of the Secretary of the Navy. _House Doc._, 19 +Cong. 1 sess. I. No. 1. p. 98. + +~1825, Dec. 27.~ Slave Trade: Message from the President ... +communicating Correspondence with Great Britain in relation to the +Convention for Suppressing the Slave Trade. _House Doc._, 19 Cong. 1 +sess. I. No. 16. + +~1826, Feb. 6.~ Appropriation--Slave Trade: Report of the Committee of +Ways and Means on the subject of the estimate of appropriations for the +service of the year 1826. _House Reports_, 19 Cong. 1 sess. I. No. 65. +(Contains report of the Secretary of the Navy and account of +expenditures for the African station.) + +~1826, March 8.~ Slave Ships in Alabama: Message from the President ... +in relation to the Cargoes of certain Slave Ships, etc. _House Doc._, 19 +Cong. 1 sess. VI. No. 121; cf. _Ibid._, VIII. No. 126, and IX. Nos. 152, +163; also _House Reports_, 19 Cong. 1 sess. II. No. 231. (Cases of the +Constitution, Louisa, and Merino.) + +~1826, Dec. 2.~ Report of the Secretary of the Navy. (Part IV. of +Documents accompanying the President's Message.) _House Doc._, 19 Cong. +2 sess. I. No. 2, pp. 9, 10, 74-103. + +~1827, etc.~ Colonization Society: Reports, etc. _House Doc._, 19 Cong. +2 sess. IV. Nos. 64, 69; 20 Cong. 1 sess. III. Nos. 99, 126, and V. No. +193; 20 Cong. 2 sess. I. No. 2, pp. 114, 127-8; 21 Cong. 2 sess. I. No. +2, p. 211-18; _House Reports_, 19 Cong. 2 sess. II. No. 101; 21 Cong. 1 +sess. II. No. 277, and III. No. 348; 22 Cong. 1 sess. II. No. 277. + +~1827, Jan. 30.~ Prohibition of the Slave Trade: Statement showing the +Expenditure of the Appropriation for the Prohibition of the Slave Trade, +during the year 1826, and an Estimate for 1827. _House Doc._, 19 Cong. 2 +sess. IV. No. 69. + +~1827, Dec. 1 and Dec. 4.~ Reports of the Secretary of the Navy. _Amer. +State Papers, Naval Affairs,_ III. Nos. 339, 340. + +~1827, Dec. 6.~ Message from the President ... transmitting ... a Report +from the Secretary of the Navy, showing the expense annually incurred in +carrying into effect the Act of March 2, 1819, for Prohibiting the Slave +Trade. _Senate Doc._, 20 Cong. 1 sess. I. No. 3. + +~1828, March 12.~ Recaptured Africans: Letter from the Secretary of the +Navy ... in relation to ... Recaptured Africans. _House Doc._, 20 Cong. +1 sess. V. No. 193; cf. _Ibid._, 20 Cong. 2 sess. I. No. 2, pp. 114, +127-8; also _Amer. State Papers, Naval Affairs_, III. No. 357. + +~1828, April 30.~ Africans at Key West: Message from the President ... +relative to the Disposition of the Africans Landed at Key West. _House +Doc._, 20 Cong. 1 sess. VI. No. 262. + +~1828, Nov. 27.~ Report of the Secretary of the Navy. _Amer. State +Papers, Naval Affairs_, III. No. 370. + +~1829, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 21 +Cong. 1 sess. I. No. 2, p. 40. + +~1830, April 7.~ Slave Trade ... Report: "The committee to whom were +referred the memorial of the American Society for colonizing the free +people of color of the United States; also, sundry memorials from the +inhabitants of the State of Kentucky, and a memorial from certain free +people of color of the State of Ohio, report," etc., 3 pp. Appendix. +Collected and arranged by Samuel Burch. 290 pp. _House Reports_, 21 +Cong. 1 sess. III. No. 348. (Contains a reprint of legislation and +documents from 14 Cong. 2 sess. to 21 Cong. 1 sess. Very valuable.) + +~1830, Dec. 6.~ Report of the Secretary of the Navy. _House Doc._, 21 +Cong. 2 sess. I. No. 2, pp. 42-3; _Amer. State Papers, Naval Affairs_, +III. No. 429 E. + +~1830, Dec. 6.~ Documents communicated to Congress by the President at +the opening of the Second Session of the Twenty-first Congress, +accompanying the Report of the Secretary of the Navy: Paper E. Statement +of expenditures, etc., for the removal of Africans to Liberia. _House +Doc._, 21 Cong. 2 sess. I. No. 2, pp. 211-8. + +~1831, Jan. 18.~ Spanish Slave Ship Fenix: Message from the President +... transmitting Documents in relation to certain captives on board the +Spanish slave vessel, called the Fenix. _House Doc._, 21 Cong. 2 sess. +III. No. 54; _Amer. State Papers, Naval Affairs_, III. No. 435. + +~1831-1835.~ Reports of the Secretary of the Navy. _House Doc._, 22 +Cong. 1 sess. I. No. 2, pp. 45, 272-4; 22 Cong. 2 sess. I. No. 2, pp. +48, 229; 23 Cong. 1 sess. I. No. 1, pp. 238, 269; 23 Cong. 2 sess. I. +No. 2, pp. 315, 363; 24 Cong. 1 sess. I. No. 2, pp. 336, 378. Also +_Amer. State Papers, Naval Affairs_, IV. No. 457, R. Nos. 1, 2; No. 486, +H. I.; No. 519, R.; No. 564, P.; No. 585, P. + +~1836, Jan. 26.~ Calvin Mickle, Ex'r of Nagle & De Frias. _House +Reports_, 24 Cong. 1 sess. I. No. 209. (Reports on claims connected with +the captured slaver Constitution.) + +~1836, Jan. 27, etc.~ [Reports from the Committee of Claims on cases of +captured Africans.] _House Reports_, 24 Cong. 1 sess. I. Nos. 223, 268, +and III. No. 574. No. 268 is reprinted in _House Reports_, 25 Cong. 2 +sess. I. No. 4. + +~1836, Dec. 3.~ Report of the Secretary of the Navy. _House Doc._, 24 +Cong. 2 sess. I. No. 2, pp. 450, 506. + +~1837, Feb. 14.~ Message from the President ... with copies of +Correspondence in relation to the Seizure of Slaves on board the brigs +"Encomium" and "Enterprise." _Senate Doc._, 24 Cong. 2 sess. II. No. +174; cf. _Ibid._, 25 Cong. 3 sess. III. No. 216. + +~1837-1839.~ Reports of the Secretary of the Navy. _House Doc._, 25 +Cong. 2 sess. I. No. 3, pp. 762, 771, 850; 25 Cong. 3 sess. I. No. 2, p. +613; 26 Cong. 1 sess. I. No. 2, pp. 534, 612. + +~1839.~ [L'Amistad Case.] _House Doc._, 26 Cong. 1 sess. IV. No. 185 +(correspondence); 27 Cong. 3 sess. V. No. 191 (correspondence); 28 Cong. +1 sess. IV No. 83; _House Exec. Doc._, 32 Cong. 2 sess. III. No. 20; +_House Reports_, 26 Cong. 2 sess. No. 51 (case of altered Ms.); 28 Cong. +1 sess. II. No. 426 (Report of Committee); 29 Cong. 1 sess. IV. No. 753 +(Report of Committee); _Senate Doc._, 26 Cong. 2 sess. IV. No. 179 +(correspondence); _Senate Exec Doc._, 31 Cong. 2 sess. III. No. 29 +(correspondence); 32 Cong. 2 sess. III. No. 19; _Senate Reports_, 31 +Cong. 2 sess. No. 301 (Report of Committee); 32 Cong. 1 sess. I. No. 158 +(Report of Committee); 35 Cong. 1 sess. I. No. 36 (Report of Committee). + +~1840, May 18.~ Memorial of the Society of Friends, upon the subject of +the foreign slave trade. _House Doc._, 26 Cong. 1 sess. VI. No. 211. +(Results of certain investigations.) + +~1840, Dec. 5.~ Report of the Secretary of the Navy. _House Doc._, 26 +Cong. 2 sess. I. No. 2, pp. 405, 450. + +~1841, Jan. 20.~ Message from the President ... communicating ... copies +of correspondence, imputing malpractices to the American consul at +Havana, in regard to granting papers to vessels engaged in the +slave-trade. _Senate Doc._, 26 Cong. 2 sess. III. No. 125. (Contains +much information.) + +~1841, March 3.~ Search or Seizure of American Vessels, etc.: Message +from the President ... transmitting a report from the Secretary of +State, in relation to seizures or search of American vessels on the +coast of Africa, etc. _House Doc._, 26 Cong. 2 sess. V. No. 115 +(elaborate correspondence). See also _Ibid._, 27 Cong. 1 sess. No. 34; +_House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 478-755 +(correspondence). + +~1841, Dec. 4.~ Report of the Secretary of the Navy. _House Doc._, 27 +Cong. 2 sess. I. No. 2, pp. 349, 351. + +~1842, Jan. 20.~ Message from the President ... communicating ... copies +of correspondence in relation to the mutiny on board the brig Creole, +and the liberation of the slaves who were passengers in the said vessel. +_Senate Doc._, 27 Cong. 2 sess. II. No. 51. See also _Ibid._, III. No. +137; _House Doc._, 27 Cong. 3 sess. I. No. 2, p. 114. + +~1842, May 10.~ Resolutions of the Legislature of the State of +Mississippi in reference to the right of search, and the case of the +American brig Creole. _House Doc._, 27 Cong. 2 sess. IV. No. 215. +(Suggestive.) + +~1842, etc.~ [Quintuple Treaty and Cass's Protest: Messages of the +President, etc.] _House Doc._, 27 Cong. 2 sess. V. No. 249; _Senate +Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. +VIII. No. 377. + +~1842, June 10.~ Indemnities for slaves on board the Comet and Encomium: +Report of the Secretary of State. _House Doc._, 27 Cong. 2 sess. V. No. +242. + +~1842, Aug.~ Suppression of the African Slave Trade--Extradition: Case +of the Creole, etc. _House Doc._, 27 Cong. 3 sess. I. No. 2, pp. +105-136. (Correspondence accompanying Message of President.) + +~1842, Dec.~ Report of the Secretary of the Navy. _House Doc._, 27 Cong. +3 sess. I. No. 2, p. 532. + +~1842, Dec. 30.~ Message from the President ... in relation to the +strength and expense of the squadron to be employed on the coast of +Africa. _Senate Doc._, 27 Cong. 3 sess. II. No. 20. + +~1843, Feb. 28.~ Construction of the Treaty of Washington, etc.: Message +from the President ... transmitting a report from the Secretary of +State, in answer to the resolution of the House of the 22d February, +1843. _House Doc._, 27 Cong. 3 sess. V. No. 192. + +~1843, Feb. 28.~ African Colonization.... Report: "The Committee on +Commerce, to whom was referred the memorial of the friends of African +colonization, assembled in convention in the city of Washington in May +last, beg leave to submit the following report," etc. (16 pp.). +Appendix. (1071 pp.). _House Reports_, 27 Cong. 3 sess. III. No. 283 +[Contents of Appendix: pp. 17-408, identical nearly with the Appendix to +_House Reports_, 21 Cong. 1 sess. III. No. 348; pp. 408-478. +Congressional history of the slave-trade, case of the Fenix, etc. (cf. +_House Doc._, 21 Cong. 2 sess. III. No. 54); pp. 478-729, search and +seizure of American vessels (same as _House Doc._, 26 Cong. 2 sess. V. +No. 115, pp. 1-252); pp. 730-755, correspondence on British search of +American vessels, etc.; pp. 756-61, Quintuple Treaty; pp. 762-3, +President's Message on Treaty of 1842; pp. 764-96, correspondence on +African squadron, etc.; pp. 796-1088, newspaper extracts on the +slave-trade and on colonization, report of Colonization Society, etc.] + +~1843, Nov. 25.~ Report of the Secretary of the Navy. _House Doc._, 28 +Cong. 1 sess. I. No. 2, pp. 484-5. + +~1844, March 14.~ Message from the President ... communicating ... +information in relation to the abuse of the flag of the United States in +... the African slave trade, etc. _Senate Doc._, 28 Cong. 1 sess. IV. +No. 217. + +~1844, March 15.~ Report: "The Committee on the Judiciary, to whom was +referred the petition of ... John Hanes, ... praying an adjustment of +his accounts for the maintenance of certain captured African slaves, ask +leave to report," etc. _Senate Doc._, 28 Cong. 1 sess. IV. No. 194. + +~1844, May 4.~ African Slave Trade: Report: "The Committee on Foreign +Affairs, to whom was referred the petition of the American Colonization +Society and others, respectfully report," etc. _House Reports_, 28 Cong. +1 sess. II. No. 469. + +~1844, May 22.~ Suppression of the Slave-Trade on the coast of Africa: +Message from the President, etc. _House Doc._, 28 Cong. 1 sess. VI. No. +263. + +~1844, Nov. 25.~ Report of the Secretary of the Navy. _House Doc._, 28 +Cong. 2 sess. I. No. 2, p. 514. + +~1845, Feb. 20.~ Slave-Trade, etc.: Message from the President ... +transmitting copies of despatches from the American minister at the +court of Brazil, relative to the slave-trade, etc. _House Doc._, 28 +Cong. 2 sess. IV. No. 148. (Important evidence, statistics, etc.) + +~1845, Feb. 26.~ Message from the President ... communicating ... +information relative to the operations of the United States squadron, +etc. _Senate Doc._, 28 Cong. 2 sess. IX. No. 150. (Contains reports of +Commodore Perry, and statistics of Liberia.) + +~1845, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 29 +Cong. 1 sess. I. No. 2, p. 645. + +~1845, Dec. 22.~ African Slave-Trade: Message from the President ... +transmitting a report from the Secretary of State, together with the +correspondence of George W. Slacum, relative to the African slave trade. +_House Doc._, 29 Cong. 1 sess. III. No. 43. (Contains much information.) + +~1846, June 6.~ Message from the President ... communicating ... copies +of the correspondence between the government of the United States and +that of Great Britain, on the subject of the right of search; with +copies of the protest of the American minister at Paris against the +quintuple treaty, etc. _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377. +Cf. _Ibid._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; _House Doc._, +27 Cong. 2 sess. V. No. 249. + +~1846-1847, Dec.~ Reports of the Secretary of the Navy. _House Doc._, 29 +Cong. 2 sess. I. No. 4, p. 377; 30 Cong. 1 sess. II. No. 8, p. 946. + +~1848, March 3.~ Message from the President ... communicating a report +from the Secretary of State, with the correspondence of Mr. Wise, late +United States minister to Brazil, in relation to the slave trade. +_Senate Exec. Doc._, 30 Cong. 1 sess. IV. No. 28. (Full of facts.) + +~1848, May 12.~ Report of the Secretary of State, in relation to ... +the seizure of the brig Douglass by a British cruiser. _Senate Exec. +Doc._, 30 Cong. 1 sess. VI. No. 44. + +~1848, Dec. 4.~ Report of the Secretary of the Navy. _House Exec. Doc._, +30 Cong. 2 sess. I. No. 1, pp. 605, 607. + +~1849, March 2.~ Correspondence between the Consuls of the United States +at Rio de Janeiro, etc., with the Secretary of State, on the subject of +the African Slave Trade: Message of the President, etc. _House Exec. +Doc._, 30 Cong. 2 sess. VII. No. 61. (Contains much evidence.) + +~1849, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +31 Cong. 1 sess. III. pt. 1, No. 5, pt. 1, pp. 427-8. + +~1850, March 18.~ Report of the Secretary of the Navy, showing the +annual number of deaths in the United States squadron on the coast of +Africa, and the annual cost of that squadron. _Senate Exec. Doc._, 31 +Cong. 1 sess. X. No. 40. + +~1850, July 22.~ African Squadron: Message from the President ... +transmitting Information in reference to the African squadron. _House +Exec. Doc._, 31 Cong. 1 sess. IX. No. 73. (Gives total expenses of the +squadron, slavers captured, etc.) + +~1850, Aug. 2.~ Message from the President ... relative to the searching +of American vessels by British ships of war. _Senate Exec. Doc._, 31 +Cong. 1 sess. XIV. No. 66. + +~1850, Dec. 17.~ Message of the President ... communicating ... a report +of the Secretary of State, with documents relating to the African slave +trade. _Senate Exec. Doc._, 31 Cong. 2 sess. II. No. 6. + +~1851-1853.~ Reports of the Secretary of the Navy. _House Exec. Doc._, +32 Cong. 1 sess. II. pt. 2, No. 2, pt. 2, pp. 4-5; 32 Cong. 2 sess. I. +pt. 2, No. 1, pt. 2, p. 293; 33 Cong. 1 sess. I. pt. 3, No. 1, pt. 3, +pp. 298-9. + +~1854, March 13.~ Message from the President ... communicating ... the +correspondence between Mr. Schenck, United States Minister to Brazil, +and the Secretary of State, in relation to the African slave trade. +_Senate Exec. Doc._, 33 Cong. 1 sess. VIII. No. 47. + +~1854, June 13.~ Report submitted by Mr. Slidell, from the Committee on +Foreign Relations, on a resolution relative to the abrogation of the +eighth article of the treaty with Great Britain of the 9th of August, +1842, etc. _Senate Reports_, 34 Cong. 1 sess. I. No. 195. (Injunction of +secrecy removed June 26, 1856.) + +~1854-1855, Dec.~ Reports of the Secretary of the Navy. _House Exec. +Doc._, 33 Cong. 2 sess. I. pt. 2, No. 1, pt. 2, pp. 386-7; 34 Cong. 1 +sess. I. pt. 3, No. 1, pt. 3, p. 5. + +~1856, May 19.~ Slave and Coolie Trade: Message from the President ... +communicating information in regard to the Slave and Coolie trade. +_House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105. (Partly reprinted in +_Senate Exec. Doc._, 34 Cong. 1 sess. XV No. 99.) + +~1856, Aug. 5.~ Report of the Secretary of State, in compliance with a +resolution of the Senate of April 24, calling for information relative +to the coolie trade. _Senate Exec. Doc._, 34 Cong. 1 sess. XV. No. 99. +(Partly reprinted in _House Exec Doc._, 34 Cong. 1 sess. XII. No. 105.) + +~1856, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +34 Cong. 3 sess. I. pt. 2, No. 1, pt. 2, p. 407. + +~1857, Feb. 11.~ Slave Trade: Letter from the Secretary of State, asking +an appropriation for the suppression of the slave trade, etc. _House +Exec Doc._, 34 Cong. 3 sess. IX. No. 70. + +~1857, Dec. 3.~ Report of the Secretary of the Navy. _House Exec Doc._, +35 Cong. 1 sess. II. pt. 3, No. 2, pt. 3, p. 576. + +~1858, April 23.~ Message of the President ... communicating ... reports +of the Secretary of State and the Secretary of the Navy, with +accompanying papers, in relation to the African slave trade. _Senate +Exec. Doc._, 35 Cong. 1 sess. XII. No. 49. (Valuable.) + +~1858, Dec. 6.~ Report of the Secretary of the Navy. _House Exec. Doc._, +35 Cong. 2 sess. II. pt. 4, No. 2, pt. 4, pp. 5, 13-4. + +~1859, Jan. 12.~ Message of the President ... relative to the landing of +the barque Wanderer on the coast of Georgia, etc. _Senate Exec. Doc._, +35 Cong. 2 sess. VII. No. 8. See also _House Exec. Doc._, 35 Cong. 2 +sess. IX. No. 89. + +~1859, March 1.~ Instructions to African squadron: Message from the +President, etc. _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 104. + +~1859, Dec. 2.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 36 Cong. 1 sess. III. No. 2, pt. 3, pp. 1138-9, 1149-50. + +~1860, Jan. 25.~ Memorial of the American Missionary Association, +praying the rigorous enforcement of the laws for the suppression of the +African slave-trade, etc. _Senate Misc. Doc._, 36 Cong. 1 sess. No. 8. + +~1860, April 24.~ Message from the President ... in answer to a +resolution of the House calling for the number of persons ... belonging +to the African squadron, who have died, etc. _House Exec. Doc._, 36 +Cong. 1 sess. XII. No. 73. + +~1860, May 19.~ Message of the President ... relative to the capture of +the slaver Wildfire, etc. _Senate Exec. Doc._, 36 Cong. 1 sess. XI. No. +44. + +~1860, May 22.~ Capture of the slaver "William": Message from the +President ... transmitting correspondence relative to the capture of the +slaver "William," etc. _House Exec. Doc._, 36 Cong. 1 sess. XII. No. 83. + +~1860, May 31.~ The Slave Trade ... Report: "The Committee on the +Judiciary, to whom was referred Senate Bill No. 464, ... together with +the messages of the President ... relative to the capture of the slavers +'Wildfire' and 'William,' ... respectfully report," etc. _House +Reports_, 36 Cong. 1 sess. IV. No. 602. + +~1860, June 16.~ Recaptured Africans: Letter from the Secretary of the +Interior, on the subject of the return to Africa of recaptured Africans, +etc. _House Misc. Doc._, 36 Cong. 1 sess. VII. No. 96. Cf. _Ibid._, No. +97, p. 2. + +~1860, Dec. 1.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 36 Cong. 2 sess. III. pt. 1, No. 1, pt. 3, pp. 8-9. + +~1860, Dec. 6.~ African Slave Trade: Message from the President ... +transmitting ... a report from the Secretary of State in reference to +the African slave trade. _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7. +(Voluminous document, containing chiefly correspondence, orders, etc., +1855-1860.) + +~1860, Dec. 17.~ Deficiencies of Appropriation, etc.: Letter from the +Secretary of the Interior, communicating estimates for deficiencies in +the appropriation for the suppression of the slave trade, etc. _House +Exec. Doc._, 36 Cong. 2 sess. V. No. 11. (Contains names of captured +slavers.) + +~1861, July 4.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 37 Cong. 1 sess. No. 1, pp. 92, 97. + +~1861, Dec. 2.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 37 Cong. 2 sess. Vol. III. pt. 1, No. 1, pt. 3, pp. 11, 21. + +~1861, Dec. 18.~ In Relation to Captured Africans: Letter from the +Secretary of the Interior ... as to contracts for returning and +subsistence of captured Africans. _House Exec. Doc._, 37 Cong. 2 sess. +I. No. 12. + +~1862, April 1.~ Letter of the Secretary of the Interior ... in relation +to the slave vessel the "Bark Augusta." _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 40. + +~1862, May 30.~ Letter of the Secretary of the Interior ... in relation +to persons who have been arrested in the southern district of New York, +from the 1st day of May, 1852, to the 1st day of May, 1862, charged with +being engaged in the slave trade, etc. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 53. + +~1862, June 10.~ Message of the President ... transmitting a copy of the +treaty between the United States and her Britannic Majesty for the +suppression of the African slave trade. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 57. (Also contains correspondence.) + +~1862, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +37 Cong. 3 sess. III. No. 1, pt. 3, p. 23. + +~1863, Jan. 7.~ Liberated Africans: Letter from the Acting Secretary of +the Interior ... transmitting reports from Agent Seys in relation to +care of liberated Africans. _House Exec. Doc._, 37 Cong. 3 sess. V. No. +28. + +~1864, July 2.~ Message of the President ... communicating ... +information in regard to the African slave trade. _Senate Exec. Doc._, +38 Cong. 1 sess. No. 56. + +~1866-69.~ Reports of the Secretary of the Navy. _House Exec. Doc._, 39 +Cong. 2 sess. IV. No. 1, pt. 6, pp. 12, 18-9; 40 Cong. 2 sess. IV. No. +1, p. 11; 40 Cong. 3 sess. IV. No. 1, p. ix; 41 Cong. 2 sess. I. No. 1, +pp. 4, 5, 9, 10. + +~1870, March 2.~ [Resolution on the slave-trade submitted to the Senate +by Mr. Wilson]. _Senate Misc. Doc._, 41 Cong. 2 sess. No. 66. + + +~GENERAL BIBLIOGRAPHY.~ + +John Quincy Adams. Argument before the Supreme Court of the United +States, in the case of the United States, Appellants, _vs._ Cinque, and +Others, Africans, captured in the schooner Amistad, by Lieut. Gedney, +delivered on the 24th of Feb. and 1st of March, 1841. With a Review of +the case of the Antelope. New York, 1841. + +An African Merchant (anon.). A Treatise upon the Trade from +Great-Britain to Africa; Humbly recommended to the Attention of +Government. London, 1772. + +The African Slave Trade: Its Nature, Consequences, and Extent. From the +Leeds Mercury. [Birmingham, 183-.] + +The African Slave Trade: The Secret Purpose of the Insurgents to Revive +it. No Treaty Stipulations against the Slave Trade to be entered into +with the European Powers, etc. Philadelphia, 1863. + +George William Alexander. Letters on the Slave-Trade, Slavery, and +Emancipation, etc. London, 1842. (Contains Bibliography.) + +American and Foreign Anti-Slavery Society; Reports. + +American Anti-Slavery Society. Memorial for the Abolition of Slavery and +the Slave Trade. London, 1841. + +----. Reports and Proceedings. + +American Colonization Society. Annual Reports, 1818-1860. (Cf. above, +United States Documents.) + +J.A. Andrew and A.G. Browne, proctors. Circuit Court of the United +States, Massachusetts District, ss. In Admiralty. The United States, by +Information, _vs._ the Schooner Wanderer and Cargo, G. Lamar, Claimant. +Boston, 1860. + +Edward Armstrong, editor. The Record of the Court at Upland, in +Pennsylvania. 1676-1681. Philadelphia, 1860. (In _Memoirs_ of the +Pennsylvania Historical Society, VII. 11.) + +Samuel Greene Arnold. History of the State of Rhode Island and +Providence Plantations. 2 vols. New York, 1859-60. (See Index to Vol. +II., "Slave Trade.") + +Assiento, or, Contract for allowing to the Subjects of Great Britain the +Liberty of Importing Negroes into the Spanish America. Sign'd by the +Catholick King at Madrid, the Twenty sixth Day of March, 1713. By Her +Majesties special Command. London, 1713. + +R.S. Baldwin. Argument before the Supreme Court of the United States, in +the case of the United States, Appellants, _vs._ Cinque, and Others, +Africans of the Amistad. New York, 1841. + +James Bandinel. Some Account of the Trade in Slaves from Africa as +connected with Europe and America; From the Introduction of the Trade +into Modern Europe, down to the present Time; especially with reference +to the efforts made by the British Government for its extinction. +London, 1842. + +Anthony Benezet. Inquiry into the Rise and Progress of the Slave Trade, +1442-1771. (In his Historical Account of Guinea, etc., Philadelphia, +1771.) + +----. Notes on the Slave Trade, etc. [1780?]. + +Thomas Hart Benton. Abridgment of the Debates of Congress, from 1789 to +1856. 16 vols. Washington, 1857-61. + +Edward Bettle. Notices of Negro Slavery, as connected with Pennsylvania. +(Read before the Historical Society of Pennsylvania, Aug. 7, 1826. +Printed in _Memoirs_ of the Historical Society of Pennsylvania, Vol. I. +Philadelphia, 1864.) + +W.O. Blake. History of Slavery and the Slave Trade, Ancient and Modern. +Columbus, 1859. + +Jeffrey R. Brackett. The Status of the Slave, 1775-1789. (Essay V. in +Jameson's _Essays in the Constitutional History of the United States, +1775-89_. Boston, 1889.) + +Thomas Branagan. Serious Remonstrances, addressed to the Citizens of the +Northern States and their Representatives, on the recent Revival of the +Slave Trade in this Republic. Philadelphia, 1805. + +British and Foreign Anti-Slavery Society. Annual and Special Reports. + +----. Proceedings of the general Anti-Slavery Convention, called by +the committee of the British and Foreign Anti-Slavery Society, and held +in London, ... June, 1840. London, 1841. + +[A British Merchant.] The African Trade, the Great Pillar and Support +of the British Plantation Trade in America: shewing, etc. London, 1745. + +[British Parliament, House of Lords.] Report of the Lords of the +Committee of the Council appointed for the Confederation of all Matters +relating to Trade and Foreign Plantations, etc. 2 vols. [London,] 1789. + +William Brodie. Modern Slavery and the Slave Trade: a Lecture, etc. +London, 1860. + +Thomas Fowell Buxton. The African Slave Trade and its Remedy. London, +1840. + +John Elliot Cairnes. The Slave Power: its Character, Career, and +Probable Designs. London, 1862. + +Henry C. Carey. The Slave Trade, Domestic and Foreign: why it Exists and +how it may be Extinguished. Philadelphia, 1853. + +[Lewis Cass]. An Examination of the Question, now in Discussion, ... +concerning the Right of Search. By an American. [Philadelphia, 1842.] + +William Ellery Channing. The Duty of the Free States, or Remarks +suggested by the case of the Creole. Boston, 1842. + +David Christy. Ethiopia, her Gloom and Glory, as illustrated in the +History of the Slave Trade, etc. (1442-1857.) Cincinnati, 1857. + +Rufus W. Clark. The African Slave Trade. Boston, [1860.] + +Thomas Clarkson. An Essay on the Comparative Efficiency of Regulation or +Abolition, as applied to the Slave Trade. Shewing that the latter only +can remove the evils to be found in that commerce. London, 1789. + +----. An Essay on the Impolicy of the African Slave Trade. In two +parts. Second edition. London, 1788. + +----. An Essay on the Slavery and Commerce of the Human Species, +particularly the African. London and Dublin, 1786. + +----. The History of the Rise, Progress, and Accomplishment of the +Abolition of the African Slave-Trade, by the British Parliament. 2 vols. +Philadelphia, 1808. + +Michael W. Cluskey. The Political Text-Book, or Encyclopedia ... for the +Reference of Politicians and Statesmen. Fourteenth edition. +Philadelphia, 1860. + +T.R.R. Cobb. An Historical Sketch of Slavery, from the Earliest Periods. +Philadelphia and Savannah. 1858. + +T.R.R. Cobb. Inquiry into the Law of Negro Slavery in the United States +of America. Vol. I. Philadelphia and Savannah, 1858. + +Company of Royal Adventurers. The Several Declarations of the Company of +Royal Adventurers of England trading into Africa, inviting all His +Majesties Native Subjects in general to Subscribe, and become Sharers in +their Joynt-stock, etc. [London,] 1667. + +Confederate States of America. By Authority of Congress: The Statutes at +Large of the Provisional Government of the Confederate States of +America, from the Institution of the Government, Feb. 8, 1861, to its +Termination, Feb. 18, 1862, Inclusive, etc. (Contains provisional and +permanent constitutions.) Edited by James M. Matthews. Richmond, 1864. + +Constitution of a Society for Abolishing the Slave-Trade. With Several +Acts of the Legislatures of the States of Massachusetts, Connecticut and +Rhode-Island, for that Purpose. Printed by John Carter. Providence, +1789. + +Continental Congress. Journals and Secret Journals. + +Moncure D. Conway. Omitted Chapters of History disclosed in the Life and +Papers of Edmund Randolph, etc. New York and London, 1888. + +Thomas Cooper. Letters on the Slave Trade. Manchester, Eng., 1787. + +Correspondence with British Ministers and Agents in Foreign Countries, +and with Foreign Ministers in England, relative to the Slave Trade, +1859-60. London, 1860. + +The Creole Case, and Mr. Webster's Despatch; with the comments of the +New York "American." New York, 1842. + +B.R. Curtis. Reports of Decisions in the Supreme Court of the United +States. With Notes, and a Digest. Fifth edition. 22 vols. Boston, 1870. + +James Dana. The African Slave Trade. A Discourse delivered ... +September, 9, 1790, before the Connecticut Society for the Promotion of +Freedom. New Haven, 1791. + +Henry B. Dawson, editor. The Foederalist: A Collection of Essays, +written in favor of the New Constitution, as agreed upon by the +Foederal Convention, September 17, 1787. Reprinted from the Original +Text. With an Historical Introduction and Notes. Vol. I. New York, +1863. + +Paul Dean. A Discourse delivered before the African Society ... in +Boston, Mass., on the Abolition of the Slave Trade ... July 14, 1819. +Boston, 1819. + +Charles Deane. The Connection of Massachusetts with Slavery and the +Slave-Trade, etc. Worcester, 1886. (Also in _Proceedings_ of the +American Antiquarian Society, October, 1886.) + +----. Charles Deane. Letters and Documents relating to Slavery in +Massachusetts. (In _Collections_ of the Massachusetts Historical +Society, 5th Series, III. 373.) + +Debate on a Motion for the Abolition of the Slave-Trade, in the House of +Commons, on Monday and Tuesday, April 18 and 19, 1791. Reported in +detail. London, 1791. + +J.D.B. De Bow. The Commercial Review of the South and West. (Also De +Bow's Review of the Southern and Western States.) 38 vols. New Orleans, +1846-69. + +Franklin B. Dexter. Estimates of Population in the American Colonies. +Worcester, 1887. + +Captain Richard Drake. Revelations of a Slave Smuggler: being the +Autobiography of Capt. Richard Drake, an African Trader for fifty +years--from 1807 to 1857, etc. New York, [1860.] + +Daniel Drayton. Personal Memoir, etc. Including a Narrative of the +Voyage and Capture of the Schooner Pearl. Published by the American and +Foreign Anti-Slavery Society, Boston and New York, 1855. + +John Drayton. Memoirs of the American Revolution. 2 vols. Charleston, +1821. + +Paul Dudley. An Essay on the Merchandize of Slaves and Souls of Men. +Boston, 1731. + +Edward E. Dunbar. The Mexican Papers, containing the History of the Rise +and Decline of Commercial Slavery in America, with reference to the +Future of Mexico. First Series, No. 5. New York, 1861. + +Jonathan Edwards. The Injustice and Impolicy of the Slave Trade, and of +the Slavery of the Africans, etc. [New Haven,] 1791. + +Jonathan Elliot. The Debates ... on the adoption of the Federal +Constitution, etc. 4 vols. Washington, 1827-30. + +Emerson Etheridge. Speech ... on the Revival of the African Slave Trade, +etc. Washington, 1857. + +Alexander Falconbridge. An Account of the Slave Trade on the Coast of +Africa. London, 1788. + +Andrew H. Foote. Africa and the American Flag. New York, 1854. + +----. The African Squadron: Ashburton Treaty; Consular Sea Letters. +Philadelphia, 1855. + +Peter Force. American Archives, etc. In Six Series. Prepared and +Published under Authority of an act of Congress. Fourth and Fifth +Series. 9 vols. Washington, 1837-53. + +Paul Leicester Ford. The Association of the First Congress, (In +Political Science Quarterly, VI. 613.) + +----. Pamphlets on the Constitution of the United States, published +during its Discussion by the People, 1787-8. (With Bibliography, etc.) +Brooklyn, 1888. + +William Chauncey Fowler. Local Law in Massachusetts and Connecticut, +Historically considered; and The Historical Status of the Negro, in +Connecticut, etc. Albany, 1872, and New Haven, 1875. + +[Benjamin Franklin.] An Essay on the African Slave Trade. Philadelphia, +1790. + +[Friends.] Address to the Citizens of the United States of America on +the subject of Slavery, etc. (At New York Yearly Meeting.) New York, +1837. + +----. An Appeal on the Iniquity of Slavery and the Slave Trade. (At +London Yearly Meeting.) London and Cincinnati, 1844. + +----. The Appeal of the Religious Society of Friends in Pennsylvania, +New Jersey, Delaware, etc., [Yearly Meeting] to their Fellow-Citizens of +the United States on behalf of the Coloured Races. Philadelphia, 1858. + +----. A Brief Statement of the Rise and Progress of the Testimony of +the Religious Society of Friends against Slavery and the Slave Trade. +1671-1787. (At Yearly Meeting in Philadelphia.) Philadelphia, 1843. + +----. The Case of our Fellow-Creatures, the Oppressed Africans, +respectfully recommended to the Serious Consideration of the Legislature +of Great-Britain, by the People called Quakers. (At London Meeting.) +London, 1783 and 1784. (This volume contains many tracts on the African +slave-trade, especially in the West Indies; also descriptions of trade, +proposed legislation, etc.) + +[Friends.] An Exposition of the African Slave Trade, from the year 1840, +to 1850, inclusive. Prepared from official documents. Philadelphia, +1857. + +----. Extracts and Observations on the Foreign Slave Trade. +Philadelphia, 1839. + +----. Facts and Observations relative to the Participation of +American Citizens in the African Slave Trade. Philadelphia, 1841. + +----. Faits relatifs à la Traite des Noirs, et Détails sur Sierra +Leone; par la Société des Ames. Paris, 1824. + +----. Germantown Friends' Protest against Slavery, 1688. Fac-simile +Copy. Philadelphia, 1880. + +----. Observations on the Inslaving, importing and purchasing of +Negroes; with some Advice thereon, extracted from the Epistle of the +Yearly-Meeting of the People called Quakers, held at London in the Year +1748. Second edition. Germantown, 1760. + +----. Proceedings in relation to the Presentation of the Address of +the [Great Britain and Ireland] Yearly Meeting on the Slave-Trade and +Slavery, to Sovereigns and those in Authority in the nations of Europe, +and in other parts of the world, where the Christian religion is +professed. Cincinnati, 1855. + +----. Slavery and the Domestic Slave Trade in the United States. By +the committee appointed by the late Yearly Meeting of Friends held in +Philadelphia, in 1839. Philadelphia, 1841. + +----. A View of the Present State of the African Slave Trade. +Philadelphia, 1824. + +Carl Garcis. Das Heutige Völkerrecht und der Menschenhandel. Eine +völkerrechtliche Abhandlung, zugleich Ausgabe des deutschen Textes der +Verträge von 20. Dezember 1841 und 29. März 1879. Berlin, 1879. + +----. Der Sklavenhandel, das Völkerrecht, und das deutsche Recht. +(In Deutsche Zeit- und Streit-Fragen, No. 13.) Berlin, 1885. + +Agénor Étienne de Gasparin. Esclavage et Traite. Paris, 1838. + +Joshua R. Giddings. Speech ... on his motion to reconsider the vote +taken upon the final passage of the "Bill for the relief of the owners +of slaves lost from on Board the Comet and Encomium." [Washington, +1843.] + +Benjamin Godwin. The Substance of a Course of Lectures on British +Colonial Slavery, delivered at Bradford, York, and Scarborough. London, +1830. + +----. Lectures on Slavery. From the London edition, with additions. +Edited by W.S. Andrews. Boston, 1836. + +William Goodell. The American Slave Code in Theory and Practice: its +Distinctive Features shown by its Statutes, Judicial Decisions, and +Illustrative Facts. New York, 1853. + +----. Slavery and Anti-Slavery; A History of the great Struggle in +both Hemispheres; with a view of the Slavery Question in the United +States. New York, 1852. + +Daniel R. Goodloe. The Birth of the Republic. Chicago, [1889.] + +[Great Britain.] British and Foreign State Papers. + +----. Sessional Papers. (For notices of slave-trade in British +Sessional Papers, see Bates Hall Catalogue, Boston Public Library, pp. +347 _et seq._) + +[Great Britain: Parliament.] Chronological Table and Index of the +Statutes, Eleventh Edition, to the end of the Session 52 and 53 +Victoria, (1889.) By Authority. London, 1890. + +[Great Britain: Record Commission.] The Statutes of the Realm. Printed +by command of His Majesty King George the Third ... From Original +Records and Authentic Manuscripts. 9 vols. London, 1810-22. + +George Gregory. Essays, Historical and Moral. Second edition. London, +1788. (Essays 7 and 8: Of Slavery and the Slave Trade; A Short Review, +etc.) + +Pope Gregory XVI. To Catholic Citizens! The Pope's Bull [for the +Abolition of the Slave Trade], and the words of Daniel O'Connell [on +American Slavery.] New York, [1856.] + +H. Hall. Slavery in New Hampshire. (In _New England Register_, XXIX. +247.) + +Isaac W. Hammond. Slavery in New Hampshire in the Olden Time. (In +_Granite Monthly_, IV. 108.) + +James H. Hammond. Letters on Southern Slavery: addressed to Thomas +Clarkson. [Charleston, (?)]. + +Robert G. Harper. Argument against the Policy of Reopening the African +Slave Trade. Atlanta, Ga., 1858. + +Samuel Hazard, editor. The Register of Pennsylvania. 16 vols. +Philadelphia, 1828-36. + +Hinton R. Helper. The Impending Crisis of the South: How to Meet it. +Enlarged edition. New York, 1860. + +Lewis and Sir Edward Hertslet, compilers. A Complete Collection of the +Treaties and Conventions, and Reciprocal Regulations, at present +subsisting between Great Britain and Foreign Powers, and of the Laws, +Decrees, and Orders in Council, concerning the same; so far as they +relate to Commerce and Navigation, ... the Slave Trade, etc. 17 vols., +(Vol. XVI., Index.) London, 1840-90. + +William B. Hodgson. The Foulahs of Central Africa, and the African Slave +Trade. [New York, (?)] 1843. + +John Codman Hurd. The Law of Freedom and Bondage in the United States. 2 +vols. Boston and New York, 1858, 1862. + +----. The International Law of the Slave Trade, and the Maritime +Right of Search. (In the American Jurist, XXVI. 330.) + +----. The Jamaica Movement, for promoting the Enforcement of the +Slave-Trade Treaties, and the Suppression of the Slave-Trade; with +statements of Fact, Convention, and Law: prepared at the request of the +Kingston Committee. London, 1850. + +William Jay. Miscellaneous Writings on Slavery. Boston, 1853. + +----. A View of the Action of the Federal Government, in Behalf of +Slavery. New York, 1839. + +T. and J.W. Johnson. Inquiry into the Law of Negro Slavery in the United +States. + +Alexandre Moreau de Jonnès. Recherches Statistiques sur l'Esclavage +Colonial et sur les Moyens de le supprimer. Paris, 1842. + +M.A. Juge. The American Planter: or The Bound Labor Interest in the +United States. New York, 1854. + +Friedrich Kapp. Die Sklavenfrage in den Vereinigten Staaten. Göttingen +and New York, 1854. + +----. Geschichte der Sklaverei in den Vereinigten Staaten von +Amerika. Hamburg, 1861. + +Frederic Kidder. The Slave Trade in Massachusetts. (In _New-England +Historical and Genealogical Register_, XXXI. 75.) + +George Lawrence. An Oration on the Abolition of the Slave Trade ... Jan. +1, 1813. New York, 1813. + +William B. Lawrence. Visitation and Search; or, An Historical Sketch of +the British Claim to exercise a Maritime Police over the Vessels of all +Nations, in Peace as well as in War. Boston, 1858. + +Letter from ... in London, to his Friend in America, on the ... Slave +Trade, etc. New York, 1784. + +Thomas Lloyd. Debates of the Convention of the State of Pennsylvania on +the Constitution, proposed for the Government of the United States. In +two volumes. Vol. I. Philadelphia, 1788. + +London Anti-Slavery Society. The Foreign Slave Trade, A Brief Account of +its State, of the Treaties which have been entered into, and of the Laws +enacted for its Suppression, from the date of the English Abolition Act +to the present time. London, 1837. + +----. The Foreign Slave Trade, etc., No. 2. London, 1838. + +London Society for the Extinction of the Slave Trade, and for the +Civilization of Africa. Proceedings at the first Public Meeting, held at +Exeter Hall, on Monday, 1st June, 1840. London, 1840. + +Theodore Lyman, Jr. The Diplomacy of the United States, etc. Second +edition. 2 vols. Boston, 1828. + +Hugh M'Call. The History of Georgia, containing Brief Sketches of the +most Remarkable Events, up to the Present Day. 2 vols. Savannah, +1811-16. + +Marion J. McDougall. Fugitive Slaves. Boston, 1891. + +John Fraser Macqueen. Chief Points in the Laws of War and Neutrality, +Search and Blockade, etc. London and Edinburgh, 1862. + +R.R. Madden. A Letter to W.E. Channing, D.D., on the subject of the +Abuse of the Flag of the United States in the Island of Cuba, and the +Advantage taken of its Protection in promoting the Slave Trade. Boston, +1839. + +James Madison. Letters and Other Writings of James Madison, Fourth +President of the United States. In four volumes. Published by order of +Congress. Philadelphia, 1865. + +James Madison. The Papers of James Madison, purchased by order of +Congress; being his Correspondence and Reports of Debates during the +Congress of the Confederation and his Reports of Debates in the Federal +Convention. 3 vols. Washington, 1840. + +Marana (pseudonym). The Future of America. Considered ... in View of ... +Re-opening the Slave Trade. Boston, 1858. + +E. Marining. Six Months on a Slaver. New York, 1879. + +George C. Mason. The African Slave Trade in Colonial Times. (In American +Historical Record, I. 311, 338.) + +Frederic G. Mather. Slavery in the Colony and State of New York. (In +_Magazine of American History_, XI. 408.) + +Samuel May, Jr. Catalogue of Anti-Slavery Publications in America, +1750-1863. (Contains bibliography of periodical literature.) + +Memorials presented to the Congress of the United States of America, by +the Different Societies instituted for promoting the Abolition of +Slavery, etc., etc., in the States of Rhode-Island, Connecticut, +New-York, Pennsylvania, Maryland, and Virginia. Philadelphia, 1792. + +Charles F. Mercer. Mémoires relatifs à l'Abolition de la Traite +Africaine, etc. Paris, 1855. + +C.W. Miller. Address on Re-opening the Slave Trade ... August 29, 1857. +Columbia, S.C., 1857. + +George H. Moore. Notes on the History of Slavery in Massachusetts. New +York, 1866. + +----. Slavery in Massachusetts. (In _Historical Magazine_, XV. 329.) + +Jedidiah Morse. A Discourse ... July 14, 1808, in Grateful Celebration +of the Abolition of the African Slave-Trade by the Governments of the +United States, Great Britain and Denmark. Boston, 1808. + +John Pennington, Lord Muncaster. Historical Sketches of the Slave Trade +and its effect on Africa, addressed to the People of Great Britain. +London, 1792. + +Edward Needles. An Historical Memoir of the Pennsylvania Society, for +Promoting the Abolition of Slavery. Philadelphia, 1848. + +New England Anti-Slavery Convention. Proceedings at Boston, May 27, +1834. Boston, 1834. + +Hezekiah Niles (_et al._), editors. The Weekly Register, etc. 71 vols. +Baltimore, 1811-1847. (For Slave-Trade, see I. 224; III. 189; V. 30, 46; +VI. 152; VII. 54, 96, 286, 350; VIII. 136, 190, 262, 302, Supplement, p. +155; IX. 60, 78, 133, 172, 335; X. 296, 400, 412, 427; XI. 15, 108, 156, +222, 336, 399; XII. 58, 60, 103, 122, 159, 219, 237, 299, 347, 397, +411.) + +Robert Norris. A Short Account of the African Slave-Trade. A new edition +corrected. London, 1789. + +E.B. O'Callaghan, translator. Voyages of the Slavers St. John and Arms +of Amsterdam, 1659, 1663; with additional papers illustrative of the +Slave Trade under the Dutch. Albany, 1867. (New York Colonial Tracts, +No. 3.) + +Frederick Law Olmsted. A Journey in the Back Country. New York, 1860. + +----. A Journey in the Seaboard Slave States, etc. New York, 1856. + +----. A Journey through Texas, etc. New York, 1857. + +----. The Cotton Kingdom, etc. 2 vols. New York, 1861. + +Sir W.G. Ouseley. Notes on the Slave Trade; with Remarks on the Measures +adopted for its Suppression. London, 1850. + +Pennsylvania Historical Society. The Charlemagne Tower Collection of +American Colonial Laws. (Bibliography.) Philadelphia, 1890. + +Edward A. Pollard. Black Diamonds gathered in the Darkey Homes of the +South. New York, 1859. + +William F. Poole. Anti-Slavery Opinions before the Year 1800. To which +is appended a fac-simile reprint of Dr. George Buchanan's Oration on the +Moral and Political Evil of Slavery, etc. Cincinnati, 1873. + +Robert Proud. History of Pennsylvania. 2 vols. Philadelphia. 1797-8. + +[James Ramsay.] An Inquiry into the Effects of putting a Stop to the +African Slave Trade, and of granting Liberty to the Slaves in the +British Sugar Colonies. London, 1784. + +[James Ramsey.] Objections to the Abolition of the Slave Trade, with +Answers, etc. Second edition. London, 1788. + +[John Ranby.] Observations on the Evidence given before the Committees +of the Privy Council and House of Commons in Support of the Bill for +Abolishing the Slave Trade. London, 1791. + +Remarks on the Colonization of the Western Coast of Africa, by the Free +Negroes of the United States, etc. New York, 1850. + +Right of Search. Reply to an "American's Examination" of the "Right of +Search, etc." By an Englishman. London, 1842. + +William Noel Sainsbury, editor. Calendar of State Papers, Colonial +Series, America and the West Indies, 1574-1676. 4 vols. London, 1860-93. + +George Sauer. La Traite et l'Esclavage des Noirs. London, 1863. + +George S. Sawyer. Southern Institutes; or, An Inquiry into the Origin +and Early Prevalence of Slavery and the Slave-Trade. Philadelphia, 1858. + +Selections from the Revised Statutes: Containing all the Laws relating +to Slaves, etc. New York, 1830. + +Johann J. Sell. Versuch einer Geschichte des Negersclavenhandels. Halle, +1791. + +[Granville Sharp.] Extract of a Letter to a Gentleman in Maryland; +Wherein is demonstrated the extreme wickedness of tolerating the Slave +Trade. Fourth edition. London, 1806. + +A Short Account of that part of Africa Inhabited by the Negroes, ... and +the Manner by which the Slave Trade is carried on. Third edition. +London, 1768. + +A Short Sketch of the Evidence for the Abolition of the Slave-Trade. +Philadelphia, 1792. + +Joseph Sidney. An Oration commemorative of the Abolition of the Slave +Trade in the United States.... Jan. 2. 1809. New York, 1809. + +[A Slave Holder.] Remarks upon Slavery and the Slave-Trade, addressed to +the Hon. Henry Clay. 1839. + +The Slave Trade in New York. (In the _Continental Monthly_, January, +1862, p. 86.) + +Joseph Smith. A Descriptive Catalogue of Friends' Books. (Bibliography.) +2 vols. London, 1867. + +Capt. William Snelgrave. A New Account of some Parts of Guinea, and the +Slave-Trade. London, 1734. + +South Carolina. General Assembly (House), 1857. Report of the Special +Committee of the House of Representatives ... on so much of the Message +of His Excellency Gov. Jas. H. Adams, as relates to Slavery and the +Slave Trade. Columbia, S.C., 1857. + +L.W. Spratt. A Protest from South Carolina against a Decision of the +Southern Congress: Slave Trade in the Southern Congress. (In Littell's +_Living Age_, Third Series, LXVIII. 801.) + +----. Speech upon the Foreign Slave Trade, before the Legislature of +South Carolina. Columbia, S.C., 1858. + +----. The Foreign Slave Trade the Source of Political Power, etc. +Charleston, 1858. + +William Stith. The History of the First Discovery and Settlement of +Virginia. Virginia and London, 1753. + +George M. Stroud. A Sketch of the Laws relating to Slavery in the +Several States of the United States of America. Philadelphia, 1827. + +James Swan. A Dissuasion to Great-Britain and the Colonies: from the +Slave-Trade to Africa. Shewing the Injustice thereof, etc. Revised and +Abridged. Boston, 1773. + +F.T. Texugo. A Letter on the Slave Trade still carried on along the +Eastern Coast of Africa, etc. London, 1839. + +R. Thorpe. A View of the Present Increase of the Slave Trade, the Cause +of that Increase, and a mode for effecting its total Annihilation. +London, 1818. + +Jesse Torrey. A Portraiture of Domestic Slavery ... and a Project of +Colonial Asylum for Free Persons of Colour. Philadelphia, 1817. + +Drs. Tucker and Belknap. Queries respecting the Slavery and Emancipation +of Negroes in Massachusetts, proposed by the Hon. Judge Tucker of +Virginia, and answered by the Rev. Dr. Belknap. (In Collections of the +Massachusetts Historical Society, First Series, IV. 191.) + +David Turnbull. Travels in the West. Cuba; with Notices of Porto Rico, +and the Slave Trade. London, 1840. + +United States Congress. Annals of Congress, 1789-1824; Congressional +Debates, 1824-37; Congressional Globe, 1833-73; Congressional Record, +1873-; Documents (House and Senate); Executive Documents (House and +Senate); Journals (House and Senate); Miscellaneous Documents (House and +Senate); Reports (House and Senate); Statutes at Large. + +United States Supreme Court. Reports of Decisions. + +Charles W. Upham. Speech in the House of Representatives, Massachusetts, +on the Compromises of the Constitution, with an Appendix containing the +Ordinance of 1787. Salem, 1849. + +Virginia State Convention. Proceedings and Debates, 1829-30. Richmond, +1830. + +G. Wadleigh. Slavery in New Hampshire. (In _Granite Monthly_, VI. 377.) + +Emory Washburn. Extinction of Slavery in Massachusetts. (In Proceedings +of the Massachusetts Historical Society, May, 1857. Boston, 1859.) + +William B. Weeden. Economic and Social History of New England, +1620-1789. 2 vols. Boston, 1890. + +Henry Wheaton. Enquiry into the Validity of the British Claim to a Right +of Visitation and Search of American Vessels suspected to be engaged in +the African Slave-Trade. Philadelphia, 1842. + +William H. Whitmore. The Colonial Laws of Massachusetts. Reprinted from +the Edition of 1660, with the Supplements to 1772. Containing also the +Body of Liberties of 1641. Boston, 1889. + +George W. Williams. History of the Negro Race in America from 1619 to +1880. 2 vols. New York, 1883. + +Henry Wilson. History of the Antislavery Measures of the Thirty-seventh +and Thirty-eighth United-States Congresses, 1861-64. Boston, 1864. + +----. History of the Rise and Fall of the Slave Power in America. 3 +vols. Boston, 1872-7. + + +FOOTNOTES: + +[1] The Reports of the Secretary of the Navy are found among +the documents accompanying the annual messages of the President. + + * * * * * + + + + +Index + + +ABOLITION of slave-trade by Europe, 145 n. + +Abolition Societies, organization of, 42, 74; + petitions of, 79, 80-85. + +Adams, C.F., 151. + +Adams, J.Q., on Right of Search, 139; + proposes Treaty of 1824, 140; + message, 271-72. + +Adams, Governor of S.C., message on slave-trade, 169, 170, 289-90. + +Advertisements for smuggled slaves, 182 n. + +Africa, English trade to, 10, 12-13; + Dutch trade to, 24-25; + Colonial trade to, 26, 35, 36, 41-42, 47, 75, 76; + "Association" and trade to, 47, 52; + American trade to, 88, 112, 113, 116, 148, 179, 180, 181-82, 185-87; + reopening of trade to, 168-92. + +African Agency, establishment, 124, 126; + attempts to abolish, 156; + history, 158. + +"African Labor Supply Association," 176. + +African Society of London, 113. + +African squadron, establishment of, 123, 124; + activity of, 128, 129, 146, 148, 157, 159, 184, 185, 186, 191. + +Aix-la-Chapelle, Peace, 11; + Congress, 137 n. + +Alabama, in Commercial Convention, 170; + State statutes, 112, 254, 263-64, 287-88. + +Alston, speeches on Act of 1807, 99 n., 101 n., 102 n. + +Amelia Island, illicit traffic at, 116, 117, 121, 254; + capture of, 118, 257. + +Amendments to slave-trade clause in Constitution proposed, 72, 94, + 111 n., 183, 248-51, 253, 258, 266, 298, 299. + +American Missionary Society, petition, 182. + +"L'Amistad," case of, 143, 311. + +Anderson, minister to Colombia, 142 n. + +"Antelope" ("Ramirez"), case of, 129 n., 132, 284. + +"Apprentices," African, importation of, 172, 177; + Louisiana bill on, 177; + Congressional bill on, 183. + +Appropriations to suppress the slave-trade, chronological list of, 125 n.; + from 1820 to 1850, 157-58; + from 1850 to 1860, 183; + from 1860 to 1870, 190; + statutes, 255, 265, 272-76, 277-78, 285, 286-89, 291, 294, 297, 300, + 301, 304. + +Argentine Confederation, 144 n. + +Arkansas, 170. + +Arkwright, Richard, 152. + +Ashmun, Jehudi, 158. + +Assiento treaty, 4, 206, 207; + influence of, 7, 22, 45. + +"Association," the, reasons leading to, 47, 48; + establishment of, 50, 51; + results of, 52-53. + +Atherton, J., speech of, 72. + +"Augusta," case of the slaver, 315. + +Aury, Capt., buccaneer, 116. + +Austria, at Congress of Vienna, 155-56; + at Congress of Verona, 139-40; + signs Quintuple Treaty, 147, 281. + +Ayres, Eli, U.S. African agent, 158; + report of, 128, 129. + + +BABBIT, William, slave-trader, 131 n. + +Bacon, Samuel, African agent, 126, 158. + +Badger, Joseph, slave-trader, 131 n. + +Baldwin, Abraham, in Federal Convention, 59, 60, 63, 65; + in Congress, 81, 108. + +Baltimore, slave-trade at, 131-32, 165, 166. + +Banks, N.P., 192, 305. + +Barancas, Fort, 120. + +Barbadoes, 12. + +Bard (of Pa.), Congressman, 90. + +Barksdale, Wm. (of Miss.), 175. + +Barnwell, Robert (of S.C.), 70. + +Barry, Robert, slave-trader, 165. + +Bay Island slave-depot, 166. + +Bayard, J.A. (of Del.), Congressman, 87. + +Bedinger, G.M. (of Ky.), 89 n. + +Belgium, 150. + +Belknap, J. (of Mass.), 77. + +Benezet, Anthony, 29. + +Benton, Thomas H., 140, 156, 285. + +Betton (of N.H.), Congressman, 109 n. + +Biblical Codes of Law, 26, 37, 44 n. + +Bidwell (of Mass.), Congressman, 99 n., 100 n., 102 n., 104 n., 108-10, + 111, 252. + +Blanco and Caballo, slave-traders, 165. + +Bland, T. (of Va.), Congressman, 81. + +Bolivia, 144 n. + +Border States, interstate slave-trade from, 155; + legislation of, 76; + see also under individual States. + +Boston, slave-trade at, 37, 85, 166, 184. + +Bozal Negroes, 166. + +Braddock's Expedition, 21. + +Bradley, S.R., Senator, 98, 107, 108. + +Brazil, slave-trade to, 25, 114, 144, 163, 164, 171, 179, 275; + slaves in, 133; + proposed conference with, 150; + squadron on coasts of, 160. + +Brazos Santiago, 180. + +Brown (of Miss.), Congressman, 175. + +Brown, John (of Va.), slave-trader, 52. + +Brown, John (of R.I.), 85-87. + +Buchanan, James A., refuses to co-operate with England, 151; + issues "Ostend Manifesto," 177; + as president, enforces slave-trade laws, 186; + messages, 291, 294-95, 298. + +Buchanan, Governor of Sierra Leone, 164. + +Bullock, Collector of Revenue, 116. + +Burgesses, Virginia House of, petitions vs. slave-trade, 21; + declares vs. slave-trade, 21; + in "Association," 48. + +Burke, Aedanus (of S.C.), 78-80. + +Butler, Pierce (of S.C.), Senator, 65. + + +CALHOUN, J.C., 155 n. + +California, vessels bound to, 162. + +Campbell, John, Congressman, 108. + +Campbell, Commander, U.S.N., 118 n. + +Canning, Stratford, British Minister, 138, 140. + +Canot, Capt., slave-trader, 184. + +Cape de Verde Islands, 185. + +Cartwright, Edmund, 152. + +Cass, Lewis, 147-51, 281. + +Castlereagh, British Cabinet Minister, 135, 136. + +Cato, insurrection of the slave, 18. + +"Centinel," newspaper correspondent, 67. + +Central America, 177. + +Chandalier Islands, 119. + +Chandler, John (of N.H.), 104 n. + +Charles II., of England, 10. + +Charleston, S.C., attitude toward "Association," 49; + slave-trade at, 89, 92, 93, 96, 113, 165. + +Chew, Beverly, Collector of Revenue, 116, 118. + +Chili, 150. + +Chittenden, Martin (of Vt.), 109 n. + +Claiborne, Wm., Governor of La., 92. + +Clarkson, William, 53, 134. + +Clay, J.B. (of Ky.), Congressman, 175. + +Clay, Congressman, 102 n. + +Clearance of slavers, 157, 162, 164, 184, 280, 287, 288. + +Clymer, George (of Pa.), 63, 77. + +Coastwise slave-trade, 98, 106-09, 156, 161, 183, 191, 302. + +Cobb, Howell, Sec. of the Treasury, 177. + +Coles (of Va.), Congressman, 81. + +Colombia, U.S. of, 142, 270. + +Colonies, legislation of, see under individual Colonies, and Appendix A; + slave-trade in, 11, 13, 22, 25, 34-36, 46-47, 53-56; + status of slavery in, 13-14, 23, 24, 33-34, 44, 199, 200. + +Colonization Society, 126, 156 n., 158, 196. + +"Comet," case of the slaver, 143, 309. + +Commercial conventions, Southern, 169-73. + +Company of Merchants Trading to Africa, 11. + +Compromises in Constitution, 62-66, 196-98. + +Compton, Samuel, 152. + +Confederate States of America, 187-90, 299, 300. + +Confederation, the, 56-57, 228. + +Congress of the United States, 77-111, + 112, 121-26, 128, 131, 156-58, 174, 190-92, 239, 247-66, 268, 271-75, + 278-81, 284-94, 295-97, 298-99, 301-02, 304-05. + +Congress of Verona, 139. + +Congress of Vienna, 135, 137. + +Connecticut, restrictions in, 43-44, 57; + elections in, 178; + Colonial and State legislation, 199, 200, 223, 225, 236, 240. + +"Constitution," slaver, 120, 121, 307. + +Constitution of the United States, 58-73, 78, 79-83, 94, 102-03, 107, + 111 n., 139, 183, 196, 248-51, 253, 258, 266, 298, 299. + See also Amendments and Compromises. + +Continental Congress, 49-52. + +Cook, Congressman, 100 n., 103 n., 108. + +Cosby, Governor of N.Y., 27. + +Cotton, manufacture of, 152, 153; + price of, 153-54; + crop of, 154. + +Cotton-gin, 153. + +Coxe, Tench, 68. + +Cranston, Governor of R.I., 41. + +Crawford, W.H., Secretary, 119, 175. + +"Creole," case of the slaver, 143, 283-84, 312. + +Crimean war, 154. + +Cruising Conventions, 138, 139, 146, 148-49, 285, 289, 292, 297-98. + +Cuba, cruising off, 151, 297; + movement to acquire, 155, 177, 186; + illicit traffic to and from, 161, 162, 164, 166, 171. + +Cumberland, Lieut., R.N., 149. + +"Cyane," U.S.S., 129. + + +DANA (of Conn.), Congressman, 86. + +Danish slave-trade, 47. + +Darien, Ga., 51, 117. + +Davis, Jefferson, 175. + +De Bow, J.D.B., 172, 176. + +Declaration of Independence, 53-54. + +Delaware, restrictions in, 31, 56, 76; + attitude toward slave-trade, 64, 72 n., 74; + Colonial and State statutes, 225, 226, 232, 238-39, 244. + +Denmark, abolition of slave-trade, 133, 247. + +Dent (of Md.), Congressman, 87. + +Dickinson, John, in the Federal Convention, 59, 60, 63. + +Dickson (of N.C.), Congressman, 87. + +Disallowance of Colonial acts, 11, 12, 18-19, 21, 27, 29, 32, 42. + +Dobbs, Governor of N.C., 12. + +Dolben, Sir William, M.P., 134. + +Douglas, Stephen A., 181. + +Dowdell (of Ala.), Congressman, 175. + +Drake, Capt., slave-smuggler, 114, 166. + +Driscoll, Capt., slave-trader, 184. + +Duke of York's Laws, 26, 200. + +Dunmore, Lord, 226. + +Dutch. See Holland. + +Dutch West India Company, 25. + +Duty, on African goods, 10; + on slaves imported, 10, 11, 12, 16-22, 26-32, 38, 40-42, 59, 62-66, + 67, 68, 77-84, 89, 90, 95, 96, 196, 199-206, 208-27, 229, 232, 239, + 247, 250. + +Dwight, Theodore, of Conn., 105 n. + + +EARLY, Peter (of Ga.), 99 n., 100, 102, 104-08, 111. + +East Indies, 50. + +Economic revolution, 152-54. + +Edwards (of N.C.), Congressman, 122 n. + +Ellsworth, Oliver (of Conn.), in Federal Convention, 58, 59, 61. + +Elmer, Congressman, 106 n. + +Ely, Congressman, 103 n., 105 n. + +Emancipation of slaves, 31, 39, 42, 44, 68, 70, 76, 79-84, 192, 196, + 226-29. + +"Encomium," case of, 143, 309. + +England, slave-trade policy, 9-14, 25, 30, 42, 46-50, 53, 54, 97, 134-51, + 153, 191, 206, 207, 208, 252, 254, 256, 259, 265-69, 275, 276, 281, + 285, 297, 301, 302, 303, 305. + See Disallowance. + +English Colonies. See Colonies. + +"Enterprise," case of, 143, 309. + +Escambia River, 114. + + +FAIRFAX County, Virginia, 49. + +Faneuil Hall, meeting in, 48. + +Federalist, the, on slave-trade, 69. + +Fernandina, port of, 116. + +Filibustering expeditions, 177. + +Findley, Congressman, 103 n. + +Fisk, Congressman, 100 n. + +Florida, 52, 102, 114, 116, 120, 166, 170, 180, 181. + See St. Mary's River and Amelia Island. + +Foote, H.S. (of Miss.), 172. + +Forsyth, John, Secretary of State, 144, 146, 156 n., 176. + +Foster (of N.H.), Congressman, 81. + +Fowler, W.C., 112-13. + +Fox, C.J., English Cabinet Minister, 135 n. + +France, Revolution in, 133; + Colonial slave-trade of, 46, 92, 133, 254; + Convention of, 86, 133; + at Congress of Vienna, 135; + at Congress of Verona, 139; + treaties with England, 143, 150, 275, 276; + flag of, in slave-trade, 144; + refuses to sign Quintuple Treaty, 147; + invited to conference, 150. + +Franklin, Benjamin, 80. + +Friends, protest of, vs. slave-trade, 28-29; + attitude towards slave-trade, 30-31, 33, 43, 68-69, 77, 204; + petitions of, vs. slave-trade, 56, 57, 77, 84; + reports of, on slave-trade, 167. + + +GAILLARD, Congressman, 108. + +Gallatin, Albert, 91-92. + +Gallinas, port of, Africa, 128. + +Galveston, Tex., 115. + +Garnett (of Va.), Congressman, 109 n. + +"General Ramirez." See "Antelope." + +Georgia, slavery in, 13, 14; + restrictions in, 15, 16, 75, 176-77; + opposition to "Association," 51, 52; + demands slave-trade, 16, 55, 60-67; + attitude toward restrictions, 80, 81, 84, 132; + smuggling to, 89, 95, 102, 114, 116, 117, 180, 181; + Colonial and State statutes, 112, 215, 241, 244, 245, 257, 259, 276-77. + +Germanic Federation, 150. + +Gerry, Elbridge, in the Federal Convention, 59, 60; + in Congress, 80, 81. + +Ghent, Treaty of, 136, 254. + +Giddings, J.R., 183 n., 284, 287. + +Giles, W.B. (of Va.), Congressman, 108. + +Gordon, Capt., slave-trader, 190 n. + +Good Hope, Cape of, 151, 160, 191. + +Gorham, N. (of Mass.), in Federal Convention, 58, 65. + +Goulden, W.B., 169. + +Graham, Secretary of the Navy, 185. + +Great Britain. See England. + +Gregory XVI., Pope, 145. + +Grenville-Fox ministry, 134. + +Guadaloupe, 88. + +Guinea. See Africa. + +Guizot, F., French Foreign Minister, 147. + + +HABERSHAM, R.W., 130 n. + +Hamilton, Alexander, 58. + +Hanse Towns, 142. + +Harmony and Co., slave-traders, 165. + +Harper (of S.C.), Congressman, 92. + +Hartley, David, 80, 81. + +Hastings, Congressman, 105 n. + +Havana, Cuba, 119, 120, 145, 162, 165. + +Hawkins, Sir John, 9. + +Hayti, 144 n.; + influence of the revolution, 74-77, 84-88, 96-97. + See San Domingo. + +Heath, General, of Mass., 71. + +Henderick, Garrett, 28. + +Hill (of N.C.), Congressman, 85. + +Holland, participation of, in slave-trade, 24, 25, 47; + slaves in Colonies, 133; + abolishes slave-trade, 136; + treaty with England, 137, 259; + West India Company, 25. + +Holland, Congressman, 99 n., 103, 106 n. + +Hopkins, John, slave-trader, 131 n. + +Hopkins, Samuel, 41. + +Horn, Cape, 160, 162. + +Huger (of S.C.), Congressman, 87, 91 n. + +Hunter, Andrew, 169 n. + +Hunter, Governor of N.J., 32. + +Hutchinson, Wm., Governor of Mass., 38. + + +IMPORT duties on slaves. See Duty. + +Indians, 29. + +Instructions to Governors, 12, 18-19, 27, 30, 33, 36; + to naval officers, 119, 161, 185. + See Disallowance. + +Insurrections. See Slaves. + +Iredell, James (of N.C.), 67, 71. + +Ireland, 48. + + +JACKSON, Andrew, pardons slave-traders, 131 n. + +Jackson, J. (of Ga.), 78, 80, 81. + +Jacksonville, Fla., 181. + +Jamaica, 12. + +Jay, William, 134-35. + +Jefferson, Thomas, drafts Declaration of Independence, 53, 54; + as President, messages on slave-trade, 92, 97-98, 251; + signs Act of 1807, 110; + pardons slave-traders, 131 n. + +Jefferson, Capt, slave-trader, 184. + +Johnson (of Conn.), 50, 63. + +Johnson (of La.), 141. + +Joint-cruising. See Cruising Conventions. + + +KANE, Commissioner, 162. + +Keitt, L.M. (of S.C.), Congressman, 175. + +Kelly, Congressman, 108. + +Kenan, Congressman, 108. + +Kendall, Amos, 126 n. + +Kennedy, Secretary of the Navy, 185. + +Kentucky, 108 n., 170 n., 172 n. + +Key West, 185. + +Kilgore, resolutions in Congress, 175, 293. + +King, Rufus, in Federal Convention, 59, 63, 65. + +Knoxville, Tenn., 170. + + +LA COSTE, Capt., slave-trader, 131. + +Lafitte, E., and Co., 177. + +Langdon, John, 59, 60, 63, 65. + +Lawrence (of N.Y.), 80, 81. + +Laws. See Statutes. + +Lee, Arthur, 48 n. + +Lee, R.H., 48 n., 49. + +Legislation. See Statutes. + +Le Roy, L., slave-trader, 131 n. + +Liberia, 124, 158. + See African Agency. + +Lincoln, Abraham, 111, 126, 151, 190, 300-01. + +Liverpool, Eng., 53, 145. + +Livingstone (of N.Y.), in Federal Convention, 63. + +Lloyd, Congressman, 102 n., 106 n. + +London, Eng., 135, 137, 137 n., 147, 150, 154 n. + +"Louisa," slaver, 120, 121. + +Louisiana, sale of, 74, 97; + slave-trade to, 75, 91-94; + influence on S.C. repeal of 1803, 89; + status of slave-trade to, 91-94, 171; + State statutes, 177, 291. + +Low, I. (of N.Y.), 50. + +Lowndes, R. (of S.C.), 72, 89 n., 90. + + +MCCARTHY, Governor of Sierra Leone, 115. + +McGregor Raid, the, 116. + +McIntosh, Collector of Revenue, 117 n. + +McKeever, Lieut., U.S.N., 120, 121. + +Macon, N., 100, 102 n., 109. + +Madeira, 185. + +Madison, James, in the Federal Convention, 59, 63, 64; + in Congress, 78-81; + as President, 113, 115, 137 n., 254, 255-56. + +Madrid, Treaty of, 257. + +Maine, 166. + +Manchester, Eng., 47. + +Mansfield, Capt., slave-trader, 184. + +"Marino," slaver, 120, 121. + +Martin, Luther (of Md.), in the Federal Convention, 59, 61, 63, 65. + +Maryland, slavery in, 14; + restrictions in, 22, 23, 57, 76; + attitude toward slave-trade, 65, 74, 83, 94; + Colonial and State statutes, 201, 202, 209, 210, 219-20, 221, 223, 226, + 229, 243, 251. + +Mason, George, 59, 61, 65-67, 71. + +Mason, J.M., 177. + +Massachusetts, in slave-trade, 34-36; + restrictions in, 37-39, 77; + attitude toward slave-trade, 71, 77, 83, 94; + Colonial and State legislation, 199, 201, 203, 214, 223, 224, 228, 234, + 248, 249, 261. + +Masters, Congressman, 99 n. + +Mathew, Capt., slave-trader, 184. + +Mathew, Governor of the Bahama Islands, 167. + +Matthews (of S.C.), 56. + +Meigs, Congressman, 132 n., 262. + +Memphis, Tenn., 181. + +Mercer, John (of Va.), 139 n., 142, 156 n. + +Messages, Presidential, 97-98, 113, 115, 141, 148, 157, 163, 251, 254, + 255-60, 262, 264, 269, 271, 279, 280-81, 285, 291, 292, 294-95, 298, + 300-01. + +Mesurado, Cape, 126, 158. + +Mexico, treaty with England, 144 n.; + conquest of, 155, 161, 177. + +Mexico, Gulf of, 118, 159, 160, 166 n. + +Mickle, Calvin, 121. + +Middle Colonies, 24, 33, 57, 66. + +Middleton (of S.C.), Congressman, 126. + +Middletown, Conn., 43. + +Mifflin, W. (of Penn.), in Continental Congress, 50. + +Miles (of S.C.), Congressman, 175. + +Mississippi, slavery in, 91; + illicit trade to, 102; + legislation, 112, 254, 263, 283, 284. + +Missouri, 123. + +Missouri Compromise, 124. + +Mitchell, Gen. D.B., 118. + +Mitchell, S.L. (of N.Y.), Congressman, 89 n. + +Mixed courts for slave-traders, 137, 139, 151, 191. + +Mobile, Ala., illicit trade to, 118, 119, 161, 181. + +Monroe, James, as President, messages on slave-trade, 117, 141, 257, 258, + 259-60, 262-63, 265, 269; + establishment of African Agency, 126, 158; + pardons, 131 n. + +Morbon, Wm., slave-trader, 131 n. + +Morris, Gouverneur, in Federal Convention, 59, 63, 64, 65. + +Morris, Governor of N.J., 33. + +Moseley, Congressman, 106. + + +NANSEMOND County, Va., 49. + +Naples (Two Sicilies), 142. + +Napoleon I., 74, 134, 136, 254. + +Navigation Ordinance, 25. + +Navy, United States, 111, 115, 118-20, 123, 124, 128, 159-61, 163, 184-86, + 191, 259, 286, 295, 301; + reports of Secretary of, 185, 186, 318-31. + +Neal, Rev. Mr., in Mass. Convention, 71. + +Negroes, character of, 13-14. + See Slaves. + +Negro plots, 18, 30, 204. + +Nelson, Hugh (of Va.), 122 n., 123 n. + +Nelson, Attorney-General, 162. + +Netherlands. See Holland. + +New England, slavery in, 14, 34, 44; + slave-trade by, 34-36, 43, 57; + Colonial statutes, see under individual Colonies. + +New Hampshire, restrictions in, 36, 37; + attitude toward slave-trade, 34, 72, 94; + State legislation, 250. + +New Jersey, slavery in, 14; + restrictions in, 32, 33, 76; + attitude toward slavery, 64, 74, 178; + Colonial and State statutes, 200, 205, 221, 222, 225, 230, 244. + +New Mexico, 176. + +New Netherland, 24, 199, 200. + +New Orleans, illicit traffic to, 92, 115, 131 n., 161, 166, 171, 179. + +Newport, R.I., 35, 41. + +New York, slavery in, 14; + restrictions in, 25-27; + Abolition societies in, 74, 83; + Colonial and State statutes, 203-04, 210, 213, 214, 218, 229-30, 234, + 239, 245-46. + +New York City, illicit traffic at, 162, 166, 178-81, 190, 191. + +Nichols (of Va.), Congressman, 87. + +Norfolk, Va., 162. + +North Carolina, restrictions in, 19, 57, 76; + "Association" in, 48, 55; + reception of Constitution, 65, 71; + cession of back-lands, 91; + Colonial and State statutes, 112, 232, 241, 242, 255. + +Northwest Territory, 91. + +Nourse, Joseph, Registrar of the Treasury, 120 n. + +Nova Scotia, 52. + +Nunez River, Africa, 129. + + +OGLETHORPE, General James, 15. + +Olin (of Vt.), Congressman, 105 n. + +Ordinance of 1787, 91. + +"Ostend Manifesto," 177. + + +PAGE, John (of Va.), 81. + +Palmerston, Lord, 146. + +Panama Congress, 142 n. + +Pardons granted to slave-traders, 131 n. + +Paris, France, Treaty of, 134, 135, 137 n. + +Parker, R.E. (of Va.), 77-78, 81. + +Parliament, slave-trade in, 10, 134. + +Pastorius, F.D., 28. + +Paterson's propositions, 58. + +Peace negotiations of 1783, 134. + +Pemberton, Thomas, 34. + +Pennsylvania, slavery in, 14; + restrictions in, 28-31, 76; + attitude towards slave-trade, 56, 67, 70, 80, 83; + in Constitutional Convention, 64; + Colonial and State statutes, 201-05, 209, 211, 213-14, 220, 221, 222, + 223, 227, 235-36. + +Pennsylvania Society for the Abolition of Slavery, 74, 80. + +Perdido River, 119. + +Perry, Commander, U.S.N., 162. + +Perry, Jesse, slave-trader, 131 n. + +Perry, Robert, slave-trader, 131 n. + +"Perry," U.S.S., 162, 165. + +Petitions, of Abolition societies, 56, 79-81, 83, 84; + of free Negroes, 85, 86. + +Pettigrew (of S.C.), 176. + +Philadelphia, 162, 166. + +Pinckney, Charles (of S.C.), in Federal Convention, 58-60, 65. + +Pinckney, C.C. (of S.C.), in Federal Convention, 59-63, 64. + +Pindall, Congressman, 122 n., 123 n. + +Piracy, slave-trade made, 124-25, 140, 141, 146, 149, 155 n. + +Pitkin, T. (of Conn.), 99 n., 104 n. + +Pitt, William, 134. + +Plumer, Wm. (of N.H.), 127. + +Pollard, Edward, 176. + +Pongas River, Africa, 129. + +Portugal, treaties with England, 135, 137, 145 n., 150, 256; + slaves in colonies, 46, 133; + abolition of slave-trade by, 136, 144 n.; + use of flag of, 144. + +Presidents. See under individual names. + +Price of slaves, 163. + +Prince George County, Va., 49. + +Privy Council, report to, 134. + +Proffit, U.S. Minister to Brazil, 164. + +Prohibition of slave-trade by Ga., 15, 75; + S.C., 17, 89; + N.C., 19; + Va., 20; + Md., 22; + N.Y., 26; + Vermont, 28; + Penn., 28, 29; + Del., 31; + N.J., 32; + N.H., 36; + Mass., 37; + R.I., 40; + Conn., 43; + United States, 110; + England, 135; + Confederate States, 188. + See also Appendices. + +Providence, R.I., 42. + +Prussia at European Congresses, 135-36, 139, 147, 281. + +Pryor, R.A. (of Va.), 171. + + +QUAKERS. See Friends. + +Quarantine of slaves, 16. + +Quebec, 52. + +Quincy, Josiah, Congressman, 100 n., 102 n. + +Quintuple Treaty, 145, 147, 281. + + +RABUN, Wm., Governor of Ga., 127. + +Ramsey, David (of S.C.), 69. + +Randolph, Edmund, in the Federal Convention, 58, 59, 63. + +Randolph, John, Congressman, 106-07. + +Randolph, Thomas M., Congressman, 108. + +Registration of slaves, 16, 132 n., 258, 260. + +Revenue from slave-trade, 87, 90, 95, 111, 112. + See Duty Acts. + +Rhode Island, slave-trade in, 34, 35, 85; + restrictions in, 40-43; + "Association" in, 48; + reception of Constitution by, 72; + abolition societies in, 42, 74, 83; + Colonial and State legislation, 200, 203, 213, 214, 222, 223, 224-25, + 227-30, 233. + +Rice Crop, 17, 20. + +Right of Search, 137-42, 145 n., 148-51, 156, 183, 185, 191, 256, 295. + +Rio Grande river, 176. + +Rio Janeiro, Brazil, 145, 160, 162. + +Rolfe, John, 25. + +Royal Adventurers, Company of, 10. + +Royal African Company, 10-11. + +Rum, traffic in, 35, 36, 50. + +Rush, Richard, Minister to England, 138. + +Russell, Lord John, 150, 297, 303. + +Russia in European Congresses, 135, 139, 147; +signs Quintuple Treaty, 147, 281. + +Rutledge, Edward, in Federal Convention, 58-61, 65. + +Rutledge, John, Congressman, 84-87. + + +ST. AUGUSTINE, 114. + +St. Johns, Island of, 52. + +St. Johns Parish, Ga., 52. + +St. Mary's River, Fla., 113-14, 116, 117. + +"Sanderson," slaver, 35 n. + +Sandiford, 29. + +San Domingo, trade with, stopped, 50, 96; + insurrection in, 74, 84, 86, 96; + deputies from, 133. + +Sardinia, 142. + +Savannah, Ga., 16, 51, 169. + +Search. See Right of Search. + +Sewall, Wm., slave-trader, 131 n. + +Seward, Wm. H., Secretary, 151, 289, 293. + +Seward (of Ga.), Congressman, 175. + +Sharpe, Granville, 134. + +Sherbro Islands, Africa, 158. + +Sherman, Roger, in the Federal Convention, 59, 60, 62, 65; + in Congress, 78. + +Shields, Thomas, slave-trader, 131 n. + +Sierra Leone, 129, 151, 191. + +Sinnickson (of N.J.), Congressman, 81. + +Slave Power, the, 153, 198. + +Slavers: + "Alexander," 129 n.; + "Amedie," 138 n.; + "L'Amistad," 143; + "Antelope" ("Ramirez"), 132; + "Comet," 143 n.; + "Constitution," 120, 121; + "Creole," 143; + "Daphne," 129 n.; + "Dorset," 115; + "Eliza," 129 n.; + "Emily," 185; + "Encomium," 143 n.; + "Endymion," 129 n.; + "Esperanza," 129 n.; + "Eugene," 115, 129 n.; + "Fame," 162; + "Fortuna," 138 n.; + "Illinois," 149; + "Le Louis," 138 n.; + "Louisa," 120; + "Marino," 120; + "Martha," 165; + "Mary," 131 n.; + "Mathilde," 129 n.; + "Paz," 115; + "La Pensée," 129 n.; + "Plattsburg," 128 n., 129 n.; + "Prova," 165; + "Ramirez" ("Antelope"), 129 n., 130; + "Rebecca," 115; + "Rosa," 115; + "Sanderson," 35 n.; + "San Juan Nepomuceno," 138 n.; + "Saucy Jack," 115; + "Science," 129 n.; + "Wanderer," 180, 184, 186; + "Wildfire," 190 n.; + see also Appendix C. + +Slavery. See Table of Contents. + +Slaves, number imported, 11, 13, 23 n., 27 n., 31 n., 33 n., 36 n., + 39 n., 40 n., 43 n., 44 n., 89, 94, 181; + insurrections of, 13, 18, 30, 204; + punishments of, 13; + captured on high seas, 39, 56, 186; + illegal traffic in, 88, 95, 112-21, 126-32, 165, 166, 179; + abducted, 144. + +Slave-trade, see Table of Contents; + internal, 9, 155; + coastwise, 98, 106-09, 156, 161, 183, 191, 302. + +Slave-traders, 10, 11, 25, 34, 35, 37, 41, 93, 113, 119, 126-29, 146, + 161, 176, 178, 180, 184; + prosecution and conviction of, 119, 120, 121, 126, 127, 130, 161, 162, + 183, 190, 191; + Pardon of, 131; + punishment of, 37, 104, 122, 127, 132, 190, 191, 199, 261, 264, 268, + 274, 296. + For ships, see under Slavers, and Appendix C. + +Slidell, John, 182. + +Sloan (of N.J.), Congressman, 99 n., 100, 105 n., 111, 251, 252. + +Smilie, John (of Pa.), Congressman, 99 n., 105 n., 104 n. + +Smith, Caleb B., 190. + +Smith, J.F., slave-trader, 131 n. + +Smith (of S.C.), Senator, 78-81, 93. + +Smith, Capt., slave-trader, 37. + +Smuggling of slaves, 76, 108, 109, 114, 116, 117, 127, 128, 129, 130, + 166, 179-82. + +Sneed (of Tenn.), Congressman, 170. + +Soulé, Pierre, 177. + +South Carolina, slavery in, 13, 14, 17, 18, 93; + restrictions in, 16-19, 75; + attitude toward slave-trade, 49, 52, 55, 57, 81, 84; + in the Federal Convention, 59-67, 70, 72; + illicit traffic to, 89; + repeal of prohibition, 89, 90, 92, 95; + movement to reopen slave-trade, 169, 171, 172 n., 173; + Colonial and State statutes, 201, 208-13, 215, 218, 220, 222, 229, 232, + 237-38, 241-43, 245-47, 289-91. + +Southeby, Wm., 29. + +Southern Colonies, 15, 23. + See under individual Colonies. + +Spaight, in Federal Convention, 65. + +Spain, signs Assiento, 11; + colonial slave-trade of, 10; + colonial slavery, 133; + war with Dutch, 25; + abolishes slave-trade, 136, 137, 145 n.; + L'Amistad case with, 143; + flag of, in slave-trade, 113, 114, 115, 144, 150, 159; + treaties, 206, 208, 257. + +Spottswood, Governor of Virginia, 20. + +Spratt, L.W. (of S.C.), 171, 172, 190 n. + +Stanton (of R.I.), Congressman, 89 n., 106. + +States. See under individual States. + +Statutes, Colonial, see under names of individual Colonies; + State, 56-57, 75-77; + see under names of individual States, and Appendices A and B; + United States, Act of 1794, 83, 242; + Act of 1800, 85, 245; + Act of 1803, 87, 246; + Act of 1807, 97, 253; + Act of 1818, 121, 258; + Act of 1819, 123, 259; + Act of 1820, 124, 261; + Act of 1860, 187, 297; + Act of 1862, 191, 302; + see also Appendix B, 247, 248, 254, 264, 272, 273, 276, 277, 285, + 286, 289, 291, 294, 300, 303, 304. + +Stephens, Alexander, 175. + +Stevenson, A., Minister to England, 146-47. + +Stone (of Md.), Congressman, 79, 81, 108. + +Stono, S.C., insurrection at, 18. + +Sumner, Charles, 192 n., 305. + +Sweden, 135, 142, 269; + Delaware Colony, 31; + slaves in Colonies, 133. + +Sylvester (of N.Y.), Congressman, 81. + + +TAYLOR, Zachary, 286. + +Texas, 116, 144 n., 150, 155, 156, 165, 176, 180, 273, 277-78. + +Treaties, 11, 135-37, 141, 142, 145, 147-50, 151, 159, 206, 207, 228, + 252, 254, 256, 259, 265, 269, 275, 276, 281, 285, 288, 292, 301-05. + +Trist, N., 160 n., 164, 165 n. + +Tyler, John, 148, 285, 286. + + +UNDERWOOD, John C., 181. + +United States, 55, 74, 77, 84, 87, 88, 89, 90, 92, 97, 98, 102, 103, 110, + 114, 117, 119, 120, 122, 126, 127, 128, 129, 133, 138, 136-51, 153, + 156, 157, 158, 162-67, 168, 178, 179, 185, 188, 190, 242, 245-48, 264, + 272-76, 277, 285, 286, 289, 291, 294, 297, 300-04. + See also Table of Contents. + +Up de Graeff, Derick, 28. + +Up den Graef, Abraham, 28. + +Uruguay, 144 n. + +Utrecht, Treaty of, 207. + + +VAN BUREN, Martin, 79-80. + +Van Rensselaer, Congressman, 108. + +Varnum, J., Congressman, 105 n. + +Venezuela, 144 n. + +Vermont, 28, 57, 94, 226, 228, 232, 249. + +Verona, Congress of, 139. + +Vicksburg, Miss., 172, 181. + +Vienna, Congress of, 135. + +Virginia, first slaves imported, 28, 306; + slavery in, 14; + restrictions in, 19-22, 76; + frame of government of, 21; + "Association" in, 48, 52, 57; + in the Federal Convention, 61, 62, 64, 71; + abolition sentiment in, 74, 78, 83; + attitude on reopening the slave-trade, 171, 173 n.; + Colonial and State statutes, 201-04, 213-15, 219-20, 222, 226, 227, + 240, 249. + + +WALLACE, L.R., slave-trader, 131 n. + +Waln (of Penn.), Congressman, 85. + +"Wanderer," case of the slaver, 180, 184. + +Washington, Treaty of (1842), 148-50, 170, 172, 182, 185, 285, 286, + 288, 292. + +Watt, James, 152 n. + +Webster, Daniel, 147, 281. + +Webster, Noah, 68. + +Wentworth, Governor of N.H., 36. + +West Indies, slave-trade to and from, 10, 13, 17, 25, 35, 37, 41, 42, + 46, 48, 50, 55, 114, 117, 141, 151, 275; + slavery in, 13, 168, 193; + restrictions on importation of slaves from, 26, 75, 76, 87; + revolution in, 74-77, 84-88, 96-97; + mixed court in, 151 n., 191. + +Western territory, 81, 261. + +Whitney, Eli, 153. + +Whydah, Africa, 149. + +Wilberforce, Wm., 134. + +Wilde, R.H., 132. + +"Wildfire," slaver, 190 n., 315. + +"William," case of the slaver, 315. + +Williams, D.R. (of N.C.), Congressman, 102 n., 109 n., 111. + +Williamsburg district, S.C., 169. + +Williamson (of S.C.), in Federal Convention, 59, 63, 65. + +Wilmington, N.C., 88. + +Wilson, James, in Federal Convention, 56, 58, 62, 70. + +Wilson (of Mass.), Congressman, 295, 296, 298. + +Winn, African agent, 158. + +Winston, Zenas, slave-trader, 131 n. + +Wirt, William, 118, 126 n., 130. + +Woolman, John, 29. + +Wright (of Va.), 126. + + +YANCEY, W.L., 171. + + + TRANSCRIBER'S NOTES + +1. Text surrounded by underscores (_) was italicised in the original. +2. Text surrounded by tildes (~) was bolded in the original. +3. Footnotes have been collected at the end of each chapter. Footnote + numbering restarts with each new chapter. In the original, footnotes + were collected at the bottom of each page and numbering restarted for + each page. +4. Letters preceded by ^ and surrounded by {} indicates letters + superscripted in the original. + + + + + +End of the Project Gutenberg EBook of The Suppression of the African Slave +Trade to the United States of America, by W. E. B. Du Bois + +*** END OF THIS PROJECT GUTENBERG EBOOK SLAVE TRADE *** + +***** This file should be named 17700-8.txt or 17700-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/7/0/17700/ + +Produced by Suzanne Shell, Victoria Woosley and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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DuBois + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + p { text-indent: 1.75em; + margin-top: 1em; + text-align: justify; + margin-bottom: .75em; + line-height: 1.75em; + } + h1,h2,h3,h4,h5,h6 { + text-align: center; /* all headings centered */ + clear: both; + } + hr { width: 75%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; + } + hr.invisible {width: 0%; + margin-top: 1em; + margin-bottom: 0em; + margin-left: auto; + margin-right: auto; + clear: both;} + + table {margin-left: auto; margin-right: auto;} + + body{margin-left: 8%; + margin-right: 10%; + } + ul {list-style-type: none; + text-indent: -1em; + } + + .atitle {font-weight: bold; + text-indent: 0em; + margin-top: 1.5em; + text-align: left;} + + .atext { margin-left: 4em; + text-indent: -2em; + line-height: 1.25em;} + + .biblio p {text-indent: 1.5em; + line-height: 1.25em;} + + .col2 {vertical-align: top; + width: 35%; + text-align: left; + } + .idx {margin-top: 2em;} + + + .blockquot{margin-left: 5%; margin-right: 10%;} + .blockquot p {text-indent: 0em; + line-height: 1.25em;} + + .pagenum {position: absolute; left: 92%; + font-size: smaller; + font-weight: lighter; + text-align: right;} /* page numbers */ + + .center {text-align: center;} + .right {text-align: right;} + .smcap {font-variant: small-caps;} + .u {text-decoration: underline;} + .over {text-decoration: overline;} + + .footnotes {border: none;} + .footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + .footnote p {text-indent: 0em; line-height: 1.25em;} + .footnote .label {position: absolute; right: 84%; text-align: right;} + .fnanchor {vertical-align: super; font-size: .8em; text-decoration: none;} + + // --> + /* XML end ]]>*/ + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Suppression of the African Slave Trade +to the United States of America, by W. E. B. Du Bois + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Suppression of the African Slave Trade to the United States of America + 1638-1870 + +Author: W. E. B. Du Bois + +Release Date: February 7, 2006 [EBook #17700] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK SLAVE TRADE *** + + + + +Produced by Suzanne Shell, Victoria Woosley and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + + +<h1><!-- Page 1 --><a name="Page_1" id="Page_1"></a>THE SUPPRESSION OF THE<br /> +AFRICAN SLAVE-TRADE<br /> +TO THE<br /> +UNITED STATES<br /> +OF AMERICA<br /> +1638–1870</h1> + +<h3>Volume I</h3> +<h3>Harvard Historical Studies</h3> + +<h4>1896</h4> + +<h4>Longmans, Green, and Co.</h4> +<h4>New York</h4> + +<hr /> +<h2><a name="Preface" id="Preface"></a>Preface</h2> + + +<p>This monograph was begun during my residence as +Rogers Memorial Fellow at Harvard University, and is +based mainly upon a study of the sources, i.e., national, +State, and colonial statutes, Congressional documents, reports +of societies, personal narratives, etc. The collection of laws +available for this research was, I think, nearly complete; on +the other hand, facts and statistics bearing on the economic +side of the study have been difficult to find, and my conclusions +are consequently liable to modification from this source.</p> + +<p>The question of the suppression of the slave-trade is so intimately +connected with the questions as to its rise, the system +of American slavery, and the whole colonial policy of the +eighteenth century, that it is difficult to isolate it, and at the +same time to avoid superficiality on the one hand, and unscientific +narrowness of view on the other. While I could not +hope entirely to overcome such a difficulty, I nevertheless +trust that I have succeeded in rendering this monograph a +small contribution to the scientific study of slavery and the +American Negro.</p> + +<p>I desire to express my obligation to Dr. Albert Bushnell +Hart, of Harvard University, at whose suggestion I began this +work and by whose kind aid and encouragement I have +brought it to a close; also I have to thank the trustees of the +John F. Slater Fund, whose appointment made it possible to +test the conclusions of this study by the general principles laid +down in German universities.</p> + +<p class="right"><span class="smcap" >W.E. BURGHARDT Du BOIS.</span></p> + +<p><span class="smcap">Wilberforce University,</span><br /> +March, 1896.</p> + +<hr /> +<p><!-- Page 4 --><a name="Page_4" id="Page_4"></a> + <!-- Page 5 --><span class="pagenum">5</span><a name="Page_5" id="Page_5"></a></p> + +<h2><a name="Contents" id="Contents"></a>Contents</h2> +<table summary="toc" width="80%"> +<tr><td colspan="3" align="center"><a href="#Chapter_I">CHAPTER I</a><br /> +<span class="smcap">Introductory</span></td></tr> + +<tr><td align="right">1.</td><td align="left"><i>Plan of the Monograph</i></td><td align="right">9</td></tr> +<tr><td align="right">2.</td><td align="left"><i>The Rise of the English Slave-Trade</i></td><td align="right">9</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_II">CHAPTER II</a><br /> +<span class="smcap">The Planting Colonies</span></td></tr> +<tr><td align="right">3.</td><td align="left"><i>Character of these Colonies</i></td><td align="right">15</td></tr> +<tr><td align="right">4.</td><td align="left"><i>Restrictions in Georgia</i></td><td align="right">15</td></tr> +<tr><td align="right">5.</td><td align="left"> <i>Restrictions in South Carolina</i></td><td align="right">16</td></tr> +<tr><td align="right">6.</td><td align="left"> <i>Restrictions in North Carolina</i></td><td align="right">19</td></tr> +<tr><td align="right">7.</td><td align="left"> <i>Restrictions in Virginia</i></td><td align="right">19</td></tr> +<tr><td align="right">8.</td><td align="left"> <i>Restrictions in Maryland</i></td><td align="right">22</td></tr> +<tr><td align="right">9.</td><td align="left"> <i>General Character of these Restrictions</i></td><td align="right">23</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_III">CHAPTER III</a><br /> +<span class="smcap">The Farming Colonies</span></td></tr> + +<tr><td align="right">10.</td><td align="left"> <i>Character of these Colonies</i></td><td align="right">24</td></tr> +<tr><td align="right">11.</td><td align="left"> <i>The Dutch Slave-Trade</i></td><td align="right">24</td></tr> +<tr><td align="right">12.</td><td align="left"> <i>Restrictions in New York</i></td><td align="right">25</td></tr> +<tr><td align="right">13.</td><td align="left"> <i>Restrictions in Pennsylvania and Delaware</i></td><td align="right">28</td></tr> +<tr><td align="right">14.</td><td align="left"> <i>Restrictions in New Jersey</i></td><td align="right">32</td></tr> +<tr><td align="right">15.</td><td align="left"> <i>General Character of these Restrictions</i></td><td align="right">33</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_IV">CHAPTER IV</a><br /> +<span class="smcap">The Trading Colonies</span></td></tr> + +<tr><td align="right">16.</td><td align="left"> <i>Character of these Colonies</i></td><td align="right">34</td></tr> +<tr><td align="right">17.</td><td align="left"> <i>New England and the Slave-Trade</i></td><td align="right">34</td></tr> +<tr><td align="right">18.</td><td align="left"> <i>Restrictions in New Hampshire</i></td><td align="right">36</td></tr> +<tr><td align="right">19.</td><td align="left"> <i>Restrictions in Massachusetts</i></td><td align="right">37</td></tr> +<tr><td align="right">20.</td><td align="left"> <i>Restrictions in Rhode Island</i></td><td align="right">40</td></tr> +<tr><td align="right">21.</td><td align="left"> <i>Restrictions in Connecticut</i></td><td align="right">43</td></tr> +<tr><td align="right">22.</td><td align="left"> <i>General Character of these Restrictions</i></td><td align="right">44</td></tr> + +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_V">CHAPTER V</a><br /> +<span class="smcap">The Period of the Revolution</span>, 1774–1787 +<!-- Page 6 --><a name="Page_6" id="Page_6"></a><span class="pagenum">6</span></td></tr> + +<tr><td align="right">23.</td><td align="left"> <i>The Situation in 1774</i></td><td align="right">45</td></tr> +<tr><td align="right">24.</td><td align="left"> <i>The Condition of the Slave-Trade</i></td><td align="right">46</td></tr> +<tr><td align="right">25.</td><td align="left"> <i>The Slave-Trade and the "Association"</i></td><td align="right">47</td></tr> +<tr><td align="right">26.</td><td align="left"> <i>The Action of the Colonies</i></td><td align="right">48</td></tr> +<tr><td align="right">27.</td><td align="left"> <i>The Action of the Continental Congress</i></td><td align="right">49</td></tr> +<tr><td align="right">28.</td><td align="left"> <i>Reception of the Slave-Trade Resolution</i></td><td align="right">51</td></tr> +<tr><td align="right">29.</td><td align="left"> <i>Results of the Resolution</i></td><td align="right">52</td></tr> +<tr><td align="right">30.</td><td align="left"> <i>The Slave-Trade and Public Opinion after the War</i></td><td align="right">53</td></tr> +<tr><td align="right">31.</td><td align="left"> <i>The Action of the Confederation</i></td><td align="right">56</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_VI">CHAPTER VI</a><br /> +<span class="smcap">The Federal Convention</span>, 1787</td></tr> + +<tr><td align="right">32.</td><td align="left"> <i>The First Proposition</i></td><td align="right">58</td></tr> +<tr><td align="right">33.</td><td align="left"> <i>The General Debate</i></td><td align="right">59</td></tr> +<tr><td align="right">34.</td><td align="left"> <i>The Special Committee and the "Bargain"</i></td><td align="right">62</td></tr> +<tr><td align="right">35.</td><td align="left"> <i>The Appeal to the Convention</i></td><td align="right">64</td></tr> +<tr><td align="right">36.</td><td align="left"> <i>Settlement by the Convention</i></td><td align="right">66</td></tr> +<tr><td align="right">37.</td><td align="left"> <i>Reception of the Clause by the Nation</i></td><td align="right">67</td></tr> +<tr><td align="right">38.</td><td align="left"> <i>Attitude of the State Conventions</i></td><td align="right">70</td></tr> +<tr><td align="right">39.</td><td align="left"> <i>Acceptance of the Policy</i></td><td align="right">72</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_VII">CHAPTER VII</a><br /> +<span class="smcap">Toussaint L'Ouverture and Anti-Slavery Effort</span>, 1787–1807</td></tr> + +<tr><td align="right">40.</td><td align="left"> <i>Influence of the Haytian Revolution</i></td><td align="right">74</td></tr> +<tr><td align="right">41.</td><td align="left"> <i>Legislation of the Southern States</i></td><td align="right">75</td></tr> +<tr><td align="right">42.</td><td align="left"> <i>Legislation of the Border States</i></td><td align="right">76</td></tr> +<tr><td align="right">43.</td><td align="left"> <i>Legislation of the Eastern States</i></td><td align="right">76</td></tr> +<tr><td align="right">44.</td><td align="left"> <i>First Debate in Congress, 1789</i> </td><td align="right">77</td></tr> +<tr><td align="right">45.</td><td align="left"> <i>Second Debate in Congress, 1790</i></td><td align="right">79</td></tr> +<tr><td align="right">46.</td><td align="left"> <i>The Declaration of Powers, 1790</i></td><td align="right">82</td></tr> +<tr><td align="right">47.</td><td align="left"> <i>The Act of 1794</i></td><td align="right">83</td></tr> +<tr><td align="right">48.</td><td align="left"> <i>The Act of 1800</i></td><td align="right">85</td></tr> +<tr><td align="right">49.</td><td align="left"> <i>The Act of 1803</i></td><td align="right">87</td></tr> +<tr><td align="right">50.</td><td align="left"> <i>State of the Slave-Trade from 1789 to 1803</i></td><td align="right">88</td></tr> +<tr><td align="right">51.</td><td align="left"> <i>The South Carolina Repeal of 1803</i></td><td align="right">89</td></tr> +<tr><td align="right">52.</td><td align="left"> <i>The Louisiana Slave-Trade, 1803–1805</i> </td><td align="right">91</td></tr> +<tr><td align="right">53.</td><td align="left"> <i>Last Attempts at Taxation, 1805–1806</i></td><td align="right">94</td></tr> +<tr><td align="right">54.</td><td align="left"> <i>Key-Note of the Period</i></td><td align="right">96</td></tr> + +<tr><td> </td></tr> + +<tr><td colspan="3" align="center"><a href="#Chapter_VIII">CHAPTER VIII</a><br /> +<span class="smcap">The Period of Attempted Suppression</span>, 1807–1825 +<!-- Page 7 --><a name="Page_7" id="Page_7"></a><span class="pagenum">7</span></td></tr> + +<tr><td align="right">55.</td><td align="left"> <i>The Act of 1807</i></td><td align="right">97</td></tr> +<tr><td align="right">56.</td><td align="left"><i>The First Question: How shall illegally imported Africans be disposed of?</i></td><td align="right">99</td></tr> +<tr><td align="right">57.</td><td align="left"> <i>The Second Question: How shall Violations be punished?</i></td><td align="right">104</td></tr> +<tr><td align="right">58.</td><td align="left"><i>The Third Question: How shall the Interstate Coastwise Slave-Trade be protected?</i></td><td align="right">106</td></tr> +<tr><td align="right">59.</td><td align="left"> <i>Legislative History of the Bill</i></td><td align="right">107</td></tr> +<tr><td align="right">60.</td><td align="left"> <i>Enforcement of the Act</i></td><td align="right">111</td></tr> +<tr><td align="right">61.</td><td align="left"> <i>Evidence of the Continuance of the Trade</i></td><td align="right">112</td></tr> +<tr><td align="right">62.</td><td align="left"> <i>Apathy of the Federal Government</i></td><td align="right">115</td></tr> +<tr><td align="right">63.</td><td align="left"> <i>Typical Cases</i></td><td align="right">120</td></tr> +<tr><td align="right">64.</td><td align="left"> <i>The Supplementary Acts, 1818–1820</i></td><td align="right">121</td></tr> +<tr><td align="right">65.</td><td align="left"> <i>Enforcement of the Supplementary Acts,1818–1825</i></td><td align="right">126</td></tr> + +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_IX">CHAPTER IX</a><br /> +<span class="smcap">The International Status of the Slave-Trade</span>, 1783–1862</td></tr> + +<tr><td align="right">66.</td><td align="left"> <i>The Rise of the Movement against the Slave-Trade,1788–1807</i></td><td align="right">133</td></tr> +<tr><td align="right">67.</td><td align="left"> <i>Concerted Action of the Powers, 1783–1814</i> </td><td align="right">134</td></tr> +<tr><td align="right">68.</td><td align="left"> <i>Action of the Powers from 1814 to 1820</i></td><td align="right">136</td></tr> +<tr><td align="right">69.</td><td align="left"> <i>The Struggle for an International Right of Search, 1820–1840</i></td><td align="right">137</td></tr> +<tr><td align="right">70.</td><td align="left"> <i>Negotiations of 1823–1825</i></td><td align="right">140</td></tr> +<tr><td align="right">71.</td><td align="left"> <i>The Attitude of the United States and the State of the Slave-Trade</i></td><td align="right">142</td></tr> +<tr><td align="right">72.</td><td align="left"> <i>The Quintuple Treaty, 1839–1842</i></td><td align="right">145</td></tr> +<tr><td align="right">73.</td><td align="left"> <i>Final Concerted Measures, 1842–1862</i></td><td align="right">148</td></tr> + +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_X">CHAPTER X</a><br /> +<span class="smcap">The Rise of the Cotton Kingdom</span>, 1820–1850</td></tr> + +<tr><td align="right">74.</td><td align="left"> <i>The Economic Revolution</i></td><td align="right">152</td></tr> +<tr><td align="right">75.</td><td align="left"> <i>The Attitude of the South</i></td><td align="right">154</td></tr> +<tr><td align="right">76.</td><td align="left"> <i>The Attitude of the North and Congress</i></td><td align="right">156</td></tr> +<tr><td align="right">77.</td><td align="left"> <i>Imperfect Application of the Laws</i></td><td align="right">159</td></tr> +<tr><td align="right">78.</td><td align="left"> <i>Responsibility of the Government</i></td><td align="right">161</td></tr> +<tr><td align="right">79.</td><td align="left"> <i>Activity of the Slave-Trade,1820–1850</i></td><td align="right">163</td></tr> + +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_XI">CHAPTER XI</a><br /> +<span class="smcap">The Final Crisis</span>, 1850–1870 +<!-- Page 8 --><a name="Page_8" id="Page_8"></a><span class="pagenum">8</span></td></tr> + +<tr><td align="right">80.</td><td align="left"> <i>The Movement against the Slave-Trade Laws</i></td><td align="right">168</td></tr> +<tr><td align="right">81.</td><td align="left"> <i>Commercial Conventions of 1855–1856</i></td><td align="right">169</td></tr> +<tr><td align="right">82.</td><td align="left"> <i>Commercial Conventions of 1857–1858</i></td><td align="right">170</td></tr> +<tr><td align="right">83.</td><td align="left"> <i>Commercial Convention of 1859</i></td><td align="right">172</td></tr> +<tr><td align="right">84.</td><td align="left"> <i>Public Opinion in the South</i></td><td align="right">173</td></tr> +<tr><td align="right">85.</td><td align="left"> <i>The Question in Congress</i></td><td align="right">174</td></tr> +<tr><td align="right">86.</td><td align="left"> <i>Southern Policy in 1860</i></td><td align="right">176</td></tr> +<tr><td align="right">87.</td><td align="left"> <i>Increase of the Slave-Trade from 1850 to 1860</i></td><td align="right">178</td></tr> +<tr><td align="right">88.</td><td align="left"> <i>Notorious Infractions of the Laws</i></td><td align="right">179</td></tr> +<tr><td align="right">89.</td><td align="left"> <i>Apathy of the Federal Government</i></td><td align="right">182</td></tr> +<tr><td align="right">90.</td><td align="left"> <i>Attitude of the Southern Confederacy</i></td><td align="right">187</td></tr> +<tr><td align="right">91.</td><td align="left"> <i>Attitude of the United States</i></td><td align="right">190</td></tr> +<tr><td> </td></tr> +<tr><td colspan="3" align="center"><a href="#Chapter_XII">CHAPTER XII</a><br /> +<span class="smcap">The Essentials in the Struggle</span></td></tr> + +<tr><td align="right">92.</td><td align="left"> <i>How the Question Arose</i></td><td align="right">193</td></tr> +<tr><td align="right">93.</td><td align="left"> <i>The Moral Movement</i></td><td align="right">194</td></tr> +<tr><td align="right">94.</td><td align="left"> <i>The Political Movement</i></td><td align="right">195</td></tr> +<tr><td align="right">95.</td><td align="left"> <i>The Economic Movement</i></td><td align="right">195</td></tr> +<tr><td align="right">96.</td><td align="left"> <i>The Lesson for Americans</i></td><td align="right">196</td></tr> + +<tr><td> </td></tr> +<tr><td colspan="3" align="center">APPENDICES</td></tr> + +<tr><td align="right">A.</td><td align="left"> +<a href="#APPENDIX_A"><i>A Chronological Conspectus of Colonial and State Legislation +restricting the African Slave-Trade, 1641–1787</i></a></td><td align="right">199</td></tr> + +<tr><td align="right">B.</td><td align="left"> +<a href="#APPENDIX_B"><i>A Chronological Conspectus of State, National, and International +Legislation, 1788–1871</i></a></td><td align="right">234</td></tr> + +<tr><td align="right">C.</td><td align="left"> +<a href="#APPENDIX_C"><i>Typical Cases of Vessels engaged in the American Slave-Trade, 1619–1864</i></a> +</td><td align="right">306</td></tr> + +<tr><td align="right">D.</td><td align="left"><a href="#APPENDIX_D"><i>Bibliography</i></a></td><td align="right">316</td></tr> +<tr><td> </td></tr> +<tr><td></td><td align="left">INDEX</td><td align="right">347</td></tr> +</table> + +<hr /> +<p><!-- Page 9 --><a name="Page_9" id="Page_9"></a><span class="pagenum">9</span></p> + +<h2><a name="Chapter_I" id="Chapter_I"></a><i>Chapter I</i></h2> +<h3>INTRODUCTORY.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">1. Plan of the Monograph.</td></tr> +<tr><td align="left">2. The Rise of the English Slave-Trade.</td></tr> +</table> + +<p>1. <b>Plan of the Monograph.</b> This monograph proposes to set +forth the efforts made in the United States of America, from +early colonial times until the present, to limit and suppress +the trade in slaves between Africa and these shores.</p> + +<p>The study begins with the colonial period, setting forth in +brief the attitude of England and, more in detail, the attitude +of the planting, farming, and trading groups of colonies +toward the slave-trade. It deals next with the first concerted +effort against the trade and with the further action of the +individual States. The important work of the Constitutional +Convention follows, together with the history of the trade in +that critical period which preceded the Act of 1807. The +attempt to suppress the trade from 1807 to 1830 is next +recounted. A chapter then deals with the slave-trade as an +international problem. Finally the development of the crises +up to the Civil War is studied, together with the steps leading +to the final suppression; and a concluding chapter seeks to +sum up the results of the investigation. Throughout the +monograph the institution of slavery and the interstate slave-trade +are considered only incidentally.</p> + + +<p>2. <b>The Rise of the English Slave-Trade.</b> Any attempt to +consider the attitude of the English colonies toward the African +slave-trade must be prefaced by a word as to the attitude +of England herself and the development of the trade in her +hands.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">1</a></p> + +<p>Sir John Hawkins's celebrated voyage took place in 1562, +but probably not until 1631<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">2</a> did a regular chartered company +<!-- Page 10 --><a name="Page_10" id="Page_10"></a><span class="pagenum">10</span>undertake to carry on the trade.<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">3</a> This company was unsuccessful,<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">4</a> +and was eventually succeeded by the "Company of +Royal Adventurers trading to Africa," chartered by Charles II. +in 1662, and including the Queen Dowager and the Duke of +York.<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">5</a> The company contracted to supply the West Indies +with three thousand slaves annually; but contraband trade, +misconduct, and war so reduced it that in 1672 it surrendered +its charter to another company for £34,000.<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">6</a> This new corporation, +chartered by Charles II. as the "Royal African Company," +proved more successful than its predecessors, and +carried on a growing trade for a quarter of a century.</p> + +<p>In 1698 Parliamentary interference with the trade began. By +the Statute 9 and 10 William and Mary, chapter 26, private +traders, on payment of a duty of 10% on English goods exported +to Africa, were allowed to participate in the trade. +This was brought about by the clamor of the merchants, especially +the "American Merchants," who "in their Petition +suggest, that it would be a great Benefit to the Kingdom to +secure the Trade by maintaining Forts and Castles there, with +an equal Duty upon all Goods exported."<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">7</a> This plan, being a +compromise between maintaining the monopoly intact and +entirely abolishing it, was adopted, and the statute declared +the trade "highly Beneficial and Advantageous to this Kingdom, +and to the Plantations and Colonies thereunto belonging."</p> + +<p>Having thus gained practically free admittance to the field, +English merchants sought to exclude other nations by securing +a monopoly of the lucrative Spanish colonial slave-trade.<!-- Page 11 --><a name="Page_11" id="Page_11"></a><span class="pagenum">11</span> +Their object was finally accomplished by the signing of the +Assiento in 1713.<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">8</a></p> + +<p>The Assiento was a treaty between England and Spain by +which the latter granted the former a monopoly of the Spanish +colonial slave-trade for thirty years, and England engaged +to supply the colonies within that time with at least 144,000 +slaves, at the rate of 4,800 per year. England was also to advance +Spain 200,000 crowns, and to pay a duty of 33½ crowns +for each slave imported. The kings of Spain and England +were each to receive one-fourth of the profits of the trade, +and the Royal African Company were authorized to import +as many slaves as they wished above the specified number in +the first twenty-five years, and to sell them, except in three +ports, at any price they could get.</p> + +<p>It is stated that, in the twenty years from 1713 to 1733, fifteen +thousand slaves were annually imported into America by the +English, of whom from one-third to one-half went to the +Spanish colonies.<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">9</a> To the company itself the venture proved +a financial failure; for during the years 1729–1750 Parliament +assisted the Royal Company by annual grants which +amounted to £90,000,<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">10</a> and by 1739 Spain was a creditor to +the extent of £68,000, and threatened to suspend the treaty. +The war interrupted the carrying out of the contract, but the +Peace of Aix-la-Chapelle extended the limit by four years. +Finally, October 5, 1750, this privilege was waived for a money +consideration paid to England; the Assiento was ended, and +the Royal Company was bankrupt.</p> + +<p>By the Statute 23 George II., chapter 31, the old company +was dissolved and a new "Company of Merchants trading to +Africa" erected in its stead.<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">11</a> Any merchant so desiring was +allowed to engage in the trade on payment of certain small +duties, and such merchants formed a company headed by nine +directors. This marked the total abolition of monopoly in the +<!-- Page 12 --><a name="Page_12" id="Page_12"></a><span class="pagenum">12</span>slave-trade, and was the form under which the trade was carried +on until after the American Revolution.</p> + +<p>That the slave-trade was the very life of the colonies had, +by 1700, become an almost unquestioned axiom in British +practical economics. The colonists themselves declared slaves +"the strength and sinews of this western world,"<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">12</a> and the +lack of them "the grand obstruction"<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">13</a> here, as the settlements +"cannot subsist without supplies of them."<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">14</a> Thus, +with merchants clamoring at home and planters abroad, it +easily became the settled policy of England to encourage the +slave-trade. Then, too, she readily argued that what was an +economic necessity in Jamaica and the Barbadoes could +scarcely be disadvantageous to Carolina, Virginia, or even +New York. Consequently, the colonial governors were generally +instructed to "give all due encouragement and invitation +to merchants and others, ... and in particular to the +royal African company of England."<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">15</a> Duties laid on the importer, +and all acts in any way restricting the trade, were +frowned upon and very often disallowed. "Whereas," ran +Governor Dobbs's instructions, "Acts have been passed in +some of our Plantations in America for laying duties on the +importation and exportation of Negroes to the great discouragement +of the Merchants trading thither from the +coast of Africa.... It is our Will and Pleasure that you +do not give your assent to or pass any Law imposing +duties upon Negroes imported into our Province of North +Carolina."<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">16</a></p> + +<p>The exact proportions of the slave-trade to America can be +but approximately determined. From 1680 to 1688 the African +Company sent 249 ships to Africa, shipped there 60,783<!-- Page 13 --><a name="Page_13" id="Page_13"></a><span class="pagenum">13</span> +Negro slaves, and after losing 14,387 on the middle passage, +delivered 46,396 in America. The trade increased early in the +eighteenth century, 104 ships clearing for Africa in 1701; it +then dwindled until the signing of the Assiento, standing at +74 clearances in 1724. The final dissolution of the monopoly +in 1750 led—excepting in the years 1754–57, when the closing +of Spanish marts sensibly affected the trade—to an extraordinary +development, 192 clearances being made in 1771. The +Revolutionary War nearly stopped the traffic; but by 1786 the +clearances had risen again to 146.</p> + +<p>To these figures must be added the unregistered trade of +Americans and foreigners. It is probable that about 25,000 +slaves were brought to America each year between 1698 and +1707. The importation then dwindled, but rose after the Assiento +to perhaps 30,000. The proportion, too, of these slaves +carried to the continent now began to increase. Of about +20,000 whom the English annually imported from 1733 to +1766, South Carolina alone received some 3,000. Before the +Revolution, the total exportation to America is variously estimated +as between 40,000 and 100,000 each year. Bancroft +places the total slave population of the continental colonies at +59,000 in 1714, 78,000 in 1727, and 293,000 in 1754. The census +of 1790 showed 697,897 slaves in the United States.<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">17</a></p> + +<p>In colonies like those in the West Indies and in South Carolina +and Georgia, the rapid importation into America of a +multitude of savages gave rise to a system of slavery far different +from that which the late Civil War abolished. The strikingly +harsh and even inhuman slave codes in these colonies +show this. Crucifixion, burning, and starvation were legal +modes of punishment.<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">18</a> The rough and brutal character of the +time and place was partly responsible for this, but a more +decisive reason lay in the fierce and turbulent character of +the imported Negroes. The docility to which long years of +bondage and strict discipline gave rise was absent, and in<!-- Page 14 --><a name="Page_14" id="Page_14"></a><span class="pagenum">14</span>surrections +and acts of violence were of frequent occurrence.<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">19</a> +Again and again the danger of planters being "cut off by their +own negroes"<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">20</a> is mentioned, both in the islands and on the +continent. This condition of vague dread and unrest not only +increased the severity of laws and strengthened the police system, +but was the prime motive back of all the earlier efforts +to check the further importation of slaves.</p> + +<p>On the other hand, in New England and New York the +Negroes were merely house servants or farm hands, and were +treated neither better nor worse than servants in general in +those days. Between these two extremes, the system of slavery +varied from a mild serfdom in Pennsylvania and New Jersey +to an aristocratic caste system in Maryland and Virginia.</p> +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">1</span></a> This account is based largely on the <i>Report of the Lords of the Committee of +Council</i>, etc. (London, 1789).</p></div> + +<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">2</span></a> African trading-companies had previously been erected (e.g. by Elizabeth +in 1585 and 1588, and by James I. in 1618); but slaves are not specifically mentioned +in their charters, and they probably did not trade in slaves. Cf. Bandinel, +<i>Account of the Slave Trade</i> (1842), pp. 38–44.</p></div> + +<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">3</span></a> Chartered by Charles I. Cf. Sainsbury, <i>Cal. State Papers, Col. Ser., America +and W. Indies, 1574–1660</i>, p. 135.</p></div> + +<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">4</span></a> In 1651, during the Protectorate, the privileges of the African trade were +granted anew to this same company for fourteen years. Cf. Sainsbury, <i>Cal. +State Papers, Col. Ser., America and W. Indies, 1574–1660</i>, pp. 342, 355.</p></div> + +<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">5</span></a> Sainsbury, <i>Cal. State Papers, Col. Ser., America and W. Indies, 1661–1668</i>, +§ 408.</p></div> + +<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">6</span></a> Sainsbury, <i>Cal. State Papers, Col. Ser., America and W. Indies, 1669–1674</i>, +§§ 934, 1095.</p></div> + +<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">7</span></a> Quoted in the above <i>Report</i>, under "Most Material Proceedings in the +House of Commons," Vol. I. Part I. An import duty of 10% on all goods, +except Negroes, imported from Africa to England and the colonies was also +laid. The proceeds of these duties went to the Royal African Company.</p></div> + +<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">8</span></a> Cf. Appendix A.</p></div> + +<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">9</span></a> Bandinel, <i>Account of the Slave Trade</i>, p. 59. Cf. Bryan Edwards, <i>History of +the British Colonies in the W. Indies</i> (London, 1798), Book VI.</p></div> + +<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">10</span></a> From 1729 to 1788, including compensation to the old company, Parliament +expended £705,255 on African companies. Cf. <i>Report</i>, etc., as above.</p></div> + +<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">11</span></a> Various amendatory statutes were passed: e.g., 24 George II. ch. 49, 25 +George II. ch. 40, 4 George III. ch. 20, 5 George III. ch. 44, 23 George III. +ch. 65.</p></div> + +<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">12</span></a> Renatus Enys from Surinam, in 1663: Sainsbury, <i>Cal. State Papers, Col. +Ser., America and W. Indies, 1661–68</i>, § 577.</p></div> + +<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">13</span></a> Thomas Lynch from Jamaica, in 1665: Sainsbury, <i>Cal. State Papers, Col. +Ser., America and W. Indies, 1661–68</i>, § 934.</p></div> + +<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">14</span></a> Lieutenant-Governor Willoughby of Barbadoes, in 1666: Sainsbury, <i>Cal. +State Papers, Col. Ser., America and W. Indies, 1661–68</i>, § 1281.</p></div> + +<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">15</span></a> Smith, <i>History of New Jersey</i> (1765), p. 254; Sainsbury, <i>Cal. State Papers, +Col. Ser., America and W. Indies, 1669–74</i>., §§ 367, 398, 812.</p></div> + +<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">16</span></a> <i>N.C. Col. Rec.</i>, V. 1118. For similar instructions, cf. <i>Penn. Archives</i>, I. 306; +<i>Doc. rel. Col. Hist. New York</i>, VI. 34; Gordon, <i>History of the American Revolution</i>, +I. letter 2; <i>Mass. Hist. Soc. Coll.</i>, 4th Ser. X. 642.</p></div> + +<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">17</span></a> These figures are from the above-mentioned <i>Report</i>, Vol. II. Part IV. Nos. +1, 5. See also Bancroft, <i>History of the United States</i> (1883), II. 274 ff; Bandinel, +<i>Account of the Slave Trade</i>, p. 63; Benezet, <i>Caution to Great Britain</i>, etc., +pp. 39–40, and <i>Historical Account of Guinea</i>, ch. xiii.</p></div> + +<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">18</span></a> Compare earlier slave codes in South Carolina, Georgia, Jamaica, etc.; also +cf. Benezet, <i>Historical Account of Guinea</i>, p. 75; <i>Report</i>, etc., as above.</p></div> + +<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">19</span></a> Sainsbury, <i>Cal. State Papers, Col. Ser., America and W. Indies, 1574–1660</i>, +pp. 229, 271, 295; <i>1661–68</i>, §§ 61, 412, 826, 1270, 1274, 1788; <i>1669–74</i>., §§ 508, +1244; Bolzius and Von Reck, <i>Journals</i> (in Force, <i>Tracts</i>, Vol. IV. No. 5, pp. +9, 18); <i>Proceedings of Governor and Assembly of Jamaica in regard to the Maroon +Negroes</i> (London, 1796).</p></div> + +<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">20</span></a> Sainsbury, <i>Cal. State Papers, Col. Ser., America and W. Indies, 1661–68</i>, +§ 1679.</p></div> +</div> + +<hr /> +<p><!-- Page 15 --><a name="Page_15" id="Page_15"></a><span class="pagenum">15</span></p> + +<h2><a name="Chapter_II" id="Chapter_II"></a><i>Chapter II</i></h2> +<h3>THE PLANTING COLONIES.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">3. Character of these Colonies.</td></tr> +<tr><td align="left">4. Restrictions in Georgia.</td></tr> +<tr><td align="left">5. Restrictions in South Carolina.</td></tr> +<tr><td align="left">6. Restrictions in North Carolina.</td></tr> +<tr><td align="left">7. Restrictions in Virginia.</td></tr> +<tr><td align="left">8. Restrictions in Maryland.</td></tr> +<tr><td align="left">9. General Character of these Restrictions.</td></tr> +</table> + +<p>3. <b>Character of these Colonies.</b> The planting colonies are +those Southern settlements whose climate and character destined +them to be the chief theatre of North American slavery. +The early attitude of these communities toward the +slave-trade is therefore of peculiar interest; for their action +was of necessity largely decisive for the future of the trade +and for the institution in North America. Theirs was the +only soil, climate, and society suited to slavery; in the other +colonies, with few exceptions, the institution was by these +same factors doomed from the beginning. Hence, only +strong moral and political motives could in the planting colonies +overthrow or check a traffic so favored by the mother +country.</p> + + +<p>4. <b>Restrictions in Georgia.</b> In Georgia we have an example +of a community whose philanthropic founders sought to +impose upon it a code of morals higher than the colonists +wished. The settlers of Georgia were of even worse moral +fibre than their slave-trading and whiskey-using neighbors in +Carolina and Virginia; yet Oglethorpe and the London proprietors +prohibited from the beginning both the rum and the +slave traffic, refusing to "suffer slavery (which is against the +Gospel as well as the fundamental law of England) to be authorised +under our authority."<a name="FNanchor_1_21" id="FNanchor_1_21"></a><a href="#Footnote_1_21" class="fnanchor">1</a> The trustees sought to win +the colonists over to their belief by telling them that money +could be better expended in transporting white men than +Negroes; that slaves would be a source of weakness to the +<!-- Page 16 --><a name="Page_16" id="Page_16"></a><span class="pagenum">16</span>colony; and that the "Produces designed to be raised in the +Colony would not require such Labour as to make Negroes +necessary for carrying them on."<a name="FNanchor_2_22" id="FNanchor_2_22"></a><a href="#Footnote_2_22" class="fnanchor">2</a></p> + +<p>This policy greatly displeased the colonists, who from 1735, +the date of the first law, to 1749, did not cease to clamor for +the repeal of the restrictions.<a name="FNanchor_3_23" id="FNanchor_3_23"></a><a href="#Footnote_3_23" class="fnanchor">3</a> As their English agent said, +they insisted that "In Spight of all Endeavours to disguise this +Point, it is as clear as Light itself, that Negroes are as essentially +necessary to the Cultivation of <i>Georgia</i>, as Axes, Hoes, +or any other Utensil of Agriculture."<a name="FNanchor_4_24" id="FNanchor_4_24"></a><a href="#Footnote_4_24" class="fnanchor">4</a> Meantime, evasions +and infractions of the laws became frequent and notorious. +Negroes were brought across from Carolina and "hired" for +life.<a name="FNanchor_5_25" id="FNanchor_5_25"></a><a href="#Footnote_5_25" class="fnanchor">5</a> "Finally, purchases were openly made in Savannah from +African traders: some seizures were made by those who opposed +the principle, but as a majority of the magistrates were +favorable to the introduction of slaves into the province, legal +decisions were suspended from time to time, and a strong +disposition evidenced by the courts to evade the operation of +the law."<a name="FNanchor_6_26" id="FNanchor_6_26"></a><a href="#Footnote_6_26" class="fnanchor">6</a> At last, in 1749, the colonists prevailed on the trustees +and the government, and the trade was thrown open under +careful restrictions, which limited importation, required a +registry and quarantine on all slaves brought in, and laid a +duty.<a name="FNanchor_7_27" id="FNanchor_7_27"></a><a href="#Footnote_7_27" class="fnanchor">7</a> It is probable, however, that these restrictions were +never enforced, and that the trade thus established continued +unchecked until the Revolution.</p> + + +<p>5. <b>Restrictions in South Carolina.</b><a name="FNanchor_8_28" id="FNanchor_8_28"></a><a href="#Footnote_8_28" class="fnanchor">8</a> South Carolina had +the largest and most widely developed slave-trade of any of +<!-- Page 17 --><a name="Page_17" id="Page_17"></a><span class="pagenum">17</span>the continental colonies. This was owing to the character of +her settlers, her nearness to the West Indian slave marts, and +the early development of certain staple crops, such as rice, +which were adapted to slave labor.<a name="FNanchor_9_29" id="FNanchor_9_29"></a><a href="#Footnote_9_29" class="fnanchor">9</a> Moreover, this colony +suffered much less interference from the home government +than many other colonies; thus it is possible here to trace the +untrammeled development of slave-trade restrictions in a typical +planting community.</p> + +<p>As early as 1698 the slave-trade to South Carolina had +reached such proportions that it was thought that "the great +number of negroes which of late have been imported into this +Collony may endanger the safety thereof." The immigration +of white servants was therefore encouraged by a special law.<a name="FNanchor_10_30" id="FNanchor_10_30"></a><a href="#Footnote_10_30" class="fnanchor">10</a> +Increase of immigration reduced this disproportion, but Negroes +continued to be imported in such numbers as to afford +considerable revenue from a moderate duty on them. About +the time when the Assiento was signed, the slave-trade so increased +that, scarcely a year after the consummation of that +momentous agreement, two heavy duty acts were passed, because +"the number of Negroes do extremely increase in this +Province, and through the afflicting providence of God, the +white persons do not proportionately multiply, by reason whereof, +the safety of the said Province is greatly endangered."<a name="FNanchor_11_31" id="FNanchor_11_31"></a><a href="#Footnote_11_31" class="fnanchor">11</a><!-- Page 18 --><a name="Page_18" id="Page_18"></a><span class="pagenum">18</span> +The trade, however, by reason of the encouragement abroad +and of increased business activity in exporting naval stores at +home, suffered scarcely any check, although repeated acts, reciting +the danger incident to a "great importation of Negroes," +were passed, laying high duties.<a name="FNanchor_12_32" id="FNanchor_12_32"></a><a href="#Footnote_12_32" class="fnanchor">12</a> Finally, in 1717, an +additional duty of £40,<a name="FNanchor_13_33" id="FNanchor_13_33"></a><a href="#Footnote_13_33" class="fnanchor">13</a> although due in depreciated currency, +succeeded so nearly in stopping the trade that, two +years later, all existing duties were repealed and one of £10 +substituted.<a name="FNanchor_14_34" id="FNanchor_14_34"></a><a href="#Footnote_14_34" class="fnanchor">14</a> This continued during the time of resistance to +the proprietary government, but by 1734 the importation had +again reached large proportions. "We must therefore beg +leave," the colonists write in that year, "to inform your Majesty, +that, amidst our other perilous circumstances, we are +subject to many intestine dangers from the great number of +negroes that are now among us, who amount at least to +twenty-two thousand persons, and are three to one of all your +Majesty's white subjects in this province. Insurrections +against us have been often attempted."<a name="FNanchor_15_35" id="FNanchor_15_35"></a><a href="#Footnote_15_35" class="fnanchor">15</a> In 1740 an insurrection +under a slave, Cato, at Stono, caused such widespread +alarm that a prohibitory duty of £100 was immediately laid.<a name="FNanchor_16_36" id="FNanchor_16_36"></a><a href="#Footnote_16_36" class="fnanchor">16</a> +Importation was again checked; but in 1751 the colony sought +to devise a plan whereby the slightly restricted immigration +of Negroes should provide a fund to encourage the importation +of white servants, "to prevent the mischiefs that may be +attended by the great importation of negroes into this Province."<a name="FNanchor_17_37" id="FNanchor_17_37"></a><a href="#Footnote_17_37" class="fnanchor">17</a> +Many white servants were thus encouraged to settle in +the colony; but so much larger was the influx of black slaves +that the colony, in 1760, totally prohibited the slave-trade. +This act was promptly disallowed by the Privy Council and +<!-- Page 19 --><a name="Page_19" id="Page_19"></a><span class="pagenum">19</span>the governor reprimanded;<a name="FNanchor_18_38" id="FNanchor_18_38"></a><a href="#Footnote_18_38" class="fnanchor">18</a> but the colony declared that "an +importation of negroes, equal in number to what have been +imported of late years, may prove of the most dangerous consequence +in many respects to this Province, and the best way +to obviate such danger will be by imposing such an additional +duty upon them as may totally prevent the evils."<a name="FNanchor_19_39" id="FNanchor_19_39"></a><a href="#Footnote_19_39" class="fnanchor">19</a> A prohibitive +duty of £100 was accordingly imposed in 1764.<a name="FNanchor_20_40" id="FNanchor_20_40"></a><a href="#Footnote_20_40" class="fnanchor">20</a> This +duty probably continued until the Revolution.</p> + +<p>The war made a great change in the situation. It has been +computed by good judges that, between the years 1775 and +1783, the State of South Carolina lost twenty-five thousand +Negroes, by actual hostilities, plunder of the British, runaways, +etc. After the war the trade quickly revived, and considerable +revenue was raised from duty acts until 1787, when by +act and ordinance the slave-trade was totally prohibited.<a name="FNanchor_21_41" id="FNanchor_21_41"></a><a href="#Footnote_21_41" class="fnanchor">21</a> This +prohibition, by renewals from time to time, lasted until 1803.</p> + + +<p>6. <b>Restrictions in North Carolina.</b> In early times there +were few slaves in North Carolina;<a name="FNanchor_22_42" id="FNanchor_22_42"></a><a href="#Footnote_22_42" class="fnanchor">22</a> this fact, together with +the troubled and turbulent state of affairs during the early +colonial period, did not necessitate the adoption of any settled +policy toward slavery or the slave-trade. Later the slave-trade +to the colony increased; but there is no evidence of any +effort to restrict or in any way regulate it before 1786, when +it was declared that "the importation of slaves into this State +is productive of evil consequences and highly impolitic,"<a name="FNanchor_23_43" id="FNanchor_23_43"></a><a href="#Footnote_23_43" class="fnanchor">23</a> and +a prohibitive duty was laid on them.</p> + + +<p>7. <b>Restrictions in Virginia.</b><a name="FNanchor_24_44" id="FNanchor_24_44"></a><a href="#Footnote_24_44" class="fnanchor">24</a> Next to South Carolina, +Virginia had probably the largest slave-trade. Her situation, +<!-- Page 20 --><a name="Page_20" id="Page_20"></a><span class="pagenum">20</span>however, differed considerably from that of her Southern +neighbor. The climate, the staple tobacco crop, and the society +of Virginia were favorable to a system of domestic slavery, +but one which tended to develop into a patriarchal serfdom +rather than into a slave-consuming industrial hierarchy. The +labor required by the tobacco crop was less unhealthy than +that connected with the rice crop, and the Virginians were, +perhaps, on a somewhat higher moral plane than the Carolinians. +There was consequently no such insatiable demand for +slaves in the larger colony. On the other hand, the power of +the Virginia executive was peculiarly strong, and it was not +possible here to thwart the slave-trade policy of the home +government as easily as elsewhere.</p> + +<p>Considering all these circumstances, it is somewhat difficult +to determine just what was the attitude of the early Virginians +toward the slave-trade. There is evidence, however, to show +that although they desired the slave-trade, the rate at which +the Negroes were brought in soon alarmed them. In 1710 a +duty of £5 was laid on Negroes, but Governor Spotswood +"soon perceived that the laying so high a Duty on Negros was +intended to discourage the importation," and vetoed the measure.<a name="FNanchor_25_45" id="FNanchor_25_45"></a><a href="#Footnote_25_45" class="fnanchor">25</a> +No further restrictive legislation was attempted for +some years, but whether on account of the attitude of the +governor or the desire of the inhabitants, is not clear. With<!-- Page 21 --><a name="Page_21" id="Page_21"></a><span class="pagenum">21</span> +1723 begins a series of acts extending down to the Revolution, +which, so far as their contents can be ascertained, seem to +have been designed effectually to check the slave-trade. Some +of these acts, like those of 1723 and 1727, were almost immediately +disallowed.<a name="FNanchor_26_46" id="FNanchor_26_46"></a><a href="#Footnote_26_46" class="fnanchor">26</a> The Act of 1732 laid a duty of 5%, which +was continued until 1769,<a name="FNanchor_27_47" id="FNanchor_27_47"></a><a href="#Footnote_27_47" class="fnanchor">27</a> and all other duties were in addition +to this; so that by such cumulative duties the rate on +slaves reached 25% in 1755,<a name="FNanchor_28_48" id="FNanchor_28_48"></a><a href="#Footnote_28_48" class="fnanchor">28</a> and 35% at the time of Braddock's +expedition.<a name="FNanchor_29_49" id="FNanchor_29_49"></a><a href="#Footnote_29_49" class="fnanchor">29</a> These acts were found "very burthensome," "introductive +of many frauds," and "very inconvenient,"<a name="FNanchor_30_50" id="FNanchor_30_50"></a><a href="#Footnote_30_50" class="fnanchor">30</a> and +were so far repealed that by 1761 the duty was only 15%. As +now the Burgesses became more powerful, two or more bills +proposing restrictive duties were passed, but disallowed.<a name="FNanchor_31_51" id="FNanchor_31_51"></a><a href="#Footnote_31_51" class="fnanchor">31</a> By +1772 the anti-slave-trade feeling had become considerably developed, +and the Burgesses petitioned the king, declaring that +"The importation of slaves into the colonies from the coast of +Africa hath long been considered as a trade of great inhumanity, +and under its present encouragement, we have too much +reason to fear <i>will endanger the very existence</i> of your Majesty's +American dominions.... Deeply impressed with these sentiments, +we most humbly beseech your Majesty to remove <i>all +those restraints</i> on your Majesty's governors of this colony, +<i>which inhibit their assenting to such laws as might check so very +pernicious a commerce</i>."<a name="FNanchor_32_52" id="FNanchor_32_52"></a><a href="#Footnote_32_52" class="fnanchor">32</a></p> + +<p>Nothing further appears to have been done before the war. +When, in 1776, the delegates adopted a Frame of Government, +it was charged in this document that the king had perverted +his high office into a "detestable and insupportable +tyranny, by ... prompting our negroes to rise in arms +among us, those very negroes whom, by an inhuman use of +his negative, he hath refused us permission to exclude by +law."<a name="FNanchor_33_53" id="FNanchor_33_53"></a><a href="#Footnote_33_53" class="fnanchor">33</a> Two years later, in 1778, an "Act to prevent the further +<!-- Page 22 --><a name="Page_22" id="Page_22"></a><span class="pagenum">22</span>importation of Slaves" stopped definitively the legal slave-trade +to Virginia.<a name="FNanchor_34_54" id="FNanchor_34_54"></a><a href="#Footnote_34_54" class="fnanchor">34</a></p> + + +<p>8. <b>Restrictions in Maryland.</b><a name="FNanchor_35_55" id="FNanchor_35_55"></a><a href="#Footnote_35_55" class="fnanchor">35</a> Not until the impulse of the +Assiento had been felt in America, did Maryland make any +attempt to restrain a trade from which she had long enjoyed +a comfortable revenue. The Act of 1717, laying a duty of 40<i>s.</i>,<a name="FNanchor_36_56" id="FNanchor_36_56"></a><a href="#Footnote_36_56" class="fnanchor">36</a> +may have been a mild restrictive measure. The duties were +slowly increased to 50<i>s.</i> in 1754,<a name="FNanchor_37_57" id="FNanchor_37_57"></a><a href="#Footnote_37_57" class="fnanchor">37</a> and £4. in 1763.<a name="FNanchor_38_58" id="FNanchor_38_58"></a><a href="#Footnote_38_58" class="fnanchor">38</a> In 1771 a +prohibitive duty of £9 was laid;<a name="FNanchor_39_59" id="FNanchor_39_59"></a><a href="#Footnote_39_59" class="fnanchor">39</a> and in 1783, after the war, +all importation by sea was stopped and illegally imported Negroes +were freed.<a name="FNanchor_40_60" id="FNanchor_40_60"></a><a href="#Footnote_40_60" class="fnanchor">40</a></p> + +<p>Compared with the trade to Virginia and the Carolinas, +the slave-trade to Maryland was small, and seems at no time +to have reached proportions which alarmed the inhabitants. +It was regulated to the economic demand by a slowly increasing +tariff, and finally, after 1769, had nearly ceased of +its own accord before the restrictive legislation of Revolutionary +times.<a name="FNanchor_41_61" id="FNanchor_41_61"></a><a href="#Footnote_41_61" class="fnanchor">41</a> Probably the proximity of Maryland to Vir<!-- Page 23 --><a name="Page_23" id="Page_23"></a><span class="pagenum">23</span>ginia +made an independent slave-trade less necessary to her.</p> + + +<p>9. <b>General Character of these Restrictions.</b> We find in +the planting colonies all degrees of advocacy of the trade, +from the passiveness of Maryland to the clamor of Georgia. +Opposition to the trade did not appear in Georgia, was based +almost solely on political fear of insurrection in Carolina, and +sprang largely from the same motive in Virginia, mingled +with some moral repugnance. As a whole, it may be said that +whatever opposition to the slave-trade there was in the planting +colonies was based principally on the political fear of +insurrection.</p> +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_21" id="Footnote_1_21"></a><a href="#FNanchor_1_21"><span class="label">1</span></a> Hoare, <i>Memoirs of Granville Sharp</i> (1820), p. 157. For the act of prohibition, +see W.B. Stevens, <i>History of Georgia</i> (1847), I. 311.</p></div> + +<div class="footnote"><p><a name="Footnote_2_22" id="Footnote_2_22"></a><a href="#FNanchor_2_22"><span class="label">2</span></a> [B. Martyn], <i>Account of the Progress of Georgia</i> (1741), pp. 9–10.</p></div> + +<div class="footnote"><p><a name="Footnote_3_23" id="Footnote_3_23"></a><a href="#FNanchor_3_23"><span class="label">3</span></a> Cf. Stevens, <i>History of Georgia</i>, I. 290 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_4_24" id="Footnote_4_24"></a><a href="#FNanchor_4_24"><span class="label">4</span></a> Stephens, <i>Account of the Causes</i>, etc., p. 8. Cf. also <i>Journal of Trustees</i>, II. +210; cited by Stevens, <i>History of Georgia</i>, I. 306.</p></div> + +<div class="footnote"><p><a name="Footnote_5_25" id="Footnote_5_25"></a><a href="#FNanchor_5_25"><span class="label">5</span></a> McCall, <i>History of Georgia</i> (1811), I. 206–7.</p></div> + +<div class="footnote"><p><a name="Footnote_6_26" id="Footnote_6_26"></a><a href="#FNanchor_6_26"><span class="label">6</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_7_27" id="Footnote_7_27"></a><a href="#FNanchor_7_27"><span class="label">7</span></a> <i>Pub. Rec. Office, Board of Trade</i>, Vol. X.; cited by C.C. Jones, <i>History of +Georgia</i> (1883), I. 422–5.</p></div> + +<div class="footnote"><p><a name="Footnote_8_28" id="Footnote_8_28"></a><a href="#FNanchor_8_28"><span class="label">8</span></a> The following is a summary of the legislation of the colony of South +Carolina; details will be found in Appendix A:— +</p> +<table summary="SC Legisiation Summary"> +<tr><td align="left">1698,</td><td colspan="5" align="left">Act to encourage the immigration of white servants.</td></tr> +<tr><td align="left">1703,</td><td align="left">Duty Act:</td><td align="left" colspan="4">10<i>s.</i> on Africans, 20<i>s.</i> on other Negroes.</td></tr> +<tr><td align="left">1714,</td><td align="center">"</td><td align="left" colspan="4">additional duty.</td></tr> +<tr><td align="left">1714,</td><td align="center">"</td><td align="left" colspan="4">£2.</td></tr> +<tr><td align="left">1714–15,</td><td align="left">Duty Act:</td><td align="left" colspan="4">additional duty.</td></tr> +<tr><td align="left">1716,</td><td align="center">"</td><td align="left" colspan="4">£3 on Africans, £30 on colonial Negroes.</td></tr> +<tr><td align="left">1717,</td><td align="center">"</td><td align="left" colspan="4">£40 in addition to existing duties.</td></tr> +<tr><td align="left">1719,</td><td align="center">"</td><td align="left" colspan="4">£10 on Africans, £30 on colonial Negroes.</td></tr> +<tr><td colspan="2"> </td><td colspan="4" align="left"> The Act of 1717, etc., was repealed.</td></tr> +<tr><td align="left">1721,</td><td align="center">"</td><td align="left">£10</td><td align="left">on Africans,</td><td align="left">£50</td><td align="left">on colonial Negroes.</td></tr> +<tr><td align="left">1722,</td><td align="center">"</td><td align="center" colspan="2">"</td></tr> +<tr><td align="left">1740,</td><td align="center">"</td><td align="left">£100</td><td align="left">on Africans,</td><td align="left">£150</td><td align="left">on colonial Negroes.</td></tr> +<tr><td align="left">1751,</td><td align="center">"</td><td align="left">£10</td><td align="center">"</td><td align="left">£50</td><td align="center">"</td></tr> +<tr><td align="left">1760,</td><td colspan="5" align="left">Act prohibiting importation (Disallowed).</td></tr> +<tr><td align="left">1764,</td><td align="left">Duty Act:</td><td align="left" colspan="4">additional duty of £100.</td></tr> +<tr><td align="left">1783,</td><td align="center">"</td><td align="left">£3</td><td align="left">on Africans,</td><td align="left">£20</td><td align="left">on colonial Negroes.</td></tr> +<tr><td align="left">1784,</td><td align="center">"</td><td align="center" colspan="2">"</td><td align="left">£5</td><td align="center">"</td></tr> +<tr><td align="left">1787,</td><td colspan="5" align="left">Art and Ordinance prohibiting importation.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_9_29" id="Footnote_9_29"></a><a href="#FNanchor_9_29"><span class="label">9</span></a> Cf. Hewatt, <i>Historical Account of S. Carolina and Georgia</i> (1779), I. 120 ff.; +reprinted in <i>S.C. Hist. Coll.</i> (1836), I. 108 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_10_30" id="Footnote_10_30"></a><a href="#FNanchor_10_30"><span class="label">10</span></a> Cooper, <i>Statutes at Large of S. Carolina</i>, II. 153.</p></div> + +<div class="footnote"><p><a name="Footnote_11_31" id="Footnote_11_31"></a><a href="#FNanchor_11_31"><span class="label">11</span></a> The text of the first act is not extant: cf. Cooper, <i>Statutes</i>, III. 56. For the +second, see Cooper, VII. 365, 367.</p></div> + +<div class="footnote"><p><a name="Footnote_12_32" id="Footnote_12_32"></a><a href="#FNanchor_12_32"><span class="label">12</span></a> Cf. Grimké, <i>Public Laws of S. Carolina</i>, p. xvi, No. 362; Cooper, <i>Statutes</i>, +II. 649. Cf. also <i>Governor Johnson to the Board of Trade</i>, Jan. 12, 1719–20; +reprinted in Rivers, <i>Early History of S. Carolina</i> (1874), App., xii.</p></div> + +<div class="footnote"><p><a name="Footnote_13_33" id="Footnote_13_33"></a><a href="#FNanchor_13_33"><span class="label">13</span></a> Cooper, <i>Statutes</i>, VII. 368.</p></div> + +<div class="footnote"><p><a name="Footnote_14_34" id="Footnote_14_34"></a><a href="#FNanchor_14_34"><span class="label">14</span></a> <i>Ibid.</i>, III. 56.</p></div> + +<div class="footnote"><p><a name="Footnote_15_35" id="Footnote_15_35"></a><a href="#FNanchor_15_35"><span class="label">15</span></a> From a memorial signed by the governor, President of the Council, and +Speaker of the House, dated April 9, 1734, printed in Hewatt, <i>Historical Account +of S. Carolina and Georgia</i> (1779), II. 39; reprinted in S.C. Hist. Coll. +(1836), I. 305–6. Cf. <i>N.C. Col. Rec.</i>, II. 421.</p></div> + +<div class="footnote"><p><a name="Footnote_16_36" id="Footnote_16_36"></a><a href="#FNanchor_16_36"><span class="label">16</span></a> Cooper, <i>Statutes</i>, III. 556; Grimké, <i>Public Laws</i>, p. xxxi, No. 694. Cf. +Ramsay, <i>History of S. Carolina</i>, I. 110.</p></div> + +<div class="footnote"><p><a name="Footnote_17_37" id="Footnote_17_37"></a><a href="#FNanchor_17_37"><span class="label">17</span></a> Cooper, <i>Statutes</i>, III. 739.</p></div> + +<div class="footnote"><p><a name="Footnote_18_38" id="Footnote_18_38"></a><a href="#FNanchor_18_38"><span class="label">18</span></a> The text of this law has not been found. Cf. Burge, <i>Commentaries on +Colonial and Foreign Laws</i>, I. 737, note; Stevens, <i>History of Georgia</i>, I. 286. See +instructions of the governor of New Hampshire, June 30, 1761, in Gordon, +<i>History of the American Revolution</i>, I. letter 2.</p></div> + +<div class="footnote"><p><a name="Footnote_19_39" id="Footnote_19_39"></a><a href="#FNanchor_19_39"><span class="label">19</span></a> Cooper, <i>Statutes</i>, IV. 187.</p></div> + +<div class="footnote"><p><a name="Footnote_20_40" id="Footnote_20_40"></a><a href="#FNanchor_20_40"><span class="label">20</span></a> This duty avoided the letter of the English instructions by making the +duty payable by the first purchasers, and not by the importers. Cf. Cooper, +<i>Statutes</i>, IV. 187.</p></div> + +<div class="footnote"><p><a name="Footnote_21_41" id="Footnote_21_41"></a><a href="#FNanchor_21_41"><span class="label">21</span></a> Grimké, Public Laws, p. lxviii, Nos. 1485, 1486; Cooper, <i>Statutes</i>, VII. 430.</p></div> + +<div class="footnote"><p><a name="Footnote_22_42" id="Footnote_22_42"></a><a href="#FNanchor_22_42"><span class="label">22</span></a> Cf. <i>N.C. Col. Rec.</i>, IV. 172.</p></div> + +<div class="footnote"><p><a name="Footnote_23_43" id="Footnote_23_43"></a><a href="#FNanchor_23_43"><span class="label">23</span></a> Martin, <i>Iredell's Acts of Assembly</i>, I. 413, 492.</p></div> + +<div class="footnote"><p><a name="Footnote_24_44" id="Footnote_24_44"></a><a href="#FNanchor_24_44"><span class="label">24</span></a> The following is a summary of the legislation of the colony of Virginia; +details will be found in Appendix A:— +</p> +<table summary="Virginia Summary"> +<tr><td>1710,</td><td align="left">Duty Act:</td><td align="left" colspan="2">proposed duty of £5.</td></tr> +<tr><td>1723,</td><td align="center">"</td><td align="left">prohibitive (?).</td></tr> +<tr><td>1727,</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td>1732,</td><td align="center">"</td><td align="left">5%.</td></tr> +<tr><td>1736,</td><td align="center">"</td><td align="left">"</td></tr> +<tr><td>1740,</td><td align="center">"</td><td align="left">additional duty of</td><td align="left">5%.</td></tr> +<tr><td>1754,</td><td align="center">"</td><td align="center">"</td><td align="left">5%.</td></tr> +<tr><td>1755,</td><td align="center">"</td><td align="center">"</td><td align="left">10% (Repealed, 1760).</td></tr> +<tr><td>1757,</td><td align="center">"</td><td align="center">"</td><td align="left">10% (Repealed, 1761).</td></tr> +<tr><td>1759,</td><td align="center">"</td><td align="left" colspan="2">20% on colonial slaves.</td></tr> +<tr><td>1766,</td><td align="center">"</td><td align="left" colspan="2">additional duty of 10% (Disallowed?).</td></tr> +<tr><td>1769,</td><td align="center">"</td><td align="center" colspan="2">"</td></tr> +<tr><td>1772,</td><td align="center">"</td><td align="left">£5 on colonial slaves.</td></tr> +<tr><td> </td><td align="left" colspan="3"> Petition of Burgesses <i>vs.</i> Slave-trade.</td></tr> +<tr><td>1776,</td><td align="left" colspan="3">Arraignment of the king in the adopted Frame of Government.</td></tr> +<tr><td>1778,</td><td align="left" colspan="3">Importation prohibited.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_25_45" id="Footnote_25_45"></a><a href="#FNanchor_25_45"><span class="label">25</span></a> <i>Letters of Governor Spotswood</i>, in <i>Va. Hist. Soc. Coll.</i>, New Ser., I. 52.</p></div> + +<div class="footnote"><p><a name="Footnote_26_46" id="Footnote_26_46"></a><a href="#FNanchor_26_46"><span class="label">26</span></a> Hening, <i>Statutes at Large of Virginia</i>, IV. 118, 182.</p></div> + +<div class="footnote"><p><a name="Footnote_27_47" id="Footnote_27_47"></a><a href="#FNanchor_27_47"><span class="label">27</span></a> <i>Ibid.</i>, IV. 317, 394; V. 28, 160, 318; VI. 217, 353; VII. 281; VIII. 190, 336, 532.</p></div> + +<div class="footnote"><p><a name="Footnote_28_48" id="Footnote_28_48"></a><a href="#FNanchor_28_48"><span class="label">28</span></a> <i>Ibid.</i>, V. 92; VI. 417, 419, 461, 466.</p></div> + +<div class="footnote"><p><a name="Footnote_29_49" id="Footnote_29_49"></a><a href="#FNanchor_29_49"><span class="label">29</span></a> <i>Ibid.</i>, VII. 69, 81.</p></div> + +<div class="footnote"><p><a name="Footnote_30_50" id="Footnote_30_50"></a><a href="#FNanchor_30_50"><span class="label">30</span></a> <i>Ibid.</i>, VII. 363, 383.</p></div> + +<div class="footnote"><p><a name="Footnote_31_51" id="Footnote_31_51"></a><a href="#FNanchor_31_51"><span class="label">31</span></a> <i>Ibid.</i>, VIII. 237, 337.</p></div> + +<div class="footnote"><p><a name="Footnote_32_52" id="Footnote_32_52"></a><a href="#FNanchor_32_52"><span class="label">32</span></a> <i>Miscellaneous Papers, 1672–1865</i>, in <i>Va. Hist. Soc. Coll.</i>, New Ser., VI. 14; +Tucker, <i>Blackstone's Commentaries</i>, I. Part II. App., 51.</p></div> + +<div class="footnote"><p><a name="Footnote_33_53" id="Footnote_33_53"></a><a href="#FNanchor_33_53"><span class="label">33</span></a> Hening, <i>Statutes</i>, IX. 112.</p></div> + +<div class="footnote"><p><a name="Footnote_34_54" id="Footnote_34_54"></a><a href="#FNanchor_34_54"><span class="label">34</span></a> Importation by sea or by land was prohibited, with a penalty of £1000 +for illegal importation and £500 for buying or selling. The Negro was freed, +if illegally brought in. This law was revised somewhat in 1785. Cf. Hening, +<i>Statutes</i>, IX. 471; XII. 182.</p></div> + +<div class="footnote"><p><a name="Footnote_35_55" id="Footnote_35_55"></a><a href="#FNanchor_35_55"><span class="label">35</span></a> The following is a summary of the legislation of the colony of Maryland; +details will be found in Appendix A:— +</p> +<table summary="Maryland Summary"> +<tr><td>1695,</td><td align="left">Duty Act:</td><td align="left">10<i>s.</i></td></tr> +<tr><td>1704,</td><td align="center">"</td><td align="left">20<i>s.</i></td></tr> +<tr><td>1715,</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td>1717,</td><td align="center">"</td><td align="left" colspan="4">additional duty of 40<i>s.</i> (?).</td></tr> +<tr><td>1754,</td><td align="center">"</td><td align="left">0<i>s.</i>,</td><td align="left">total</td><td align="left">50<i>s.</i></td></tr> +<tr><td>1756,</td><td align="center">"</td><td align="left">20<i>s.</i></td><td align="center">"</td><td align="left">40<i>s.</i> (?).</td></tr> +<tr><td>1763,</td><td align="center">"</td><td align="left">£2</td><td align="center">"</td><td align="left">£4.</td></tr> +<tr><td>1771,</td><td align="center">"</td><td align="left">£5</td><td align="center">"</td><td align="left">£9.</td></tr> +<tr><td>1783,</td><td>Importation prohibited.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_36_56" id="Footnote_36_56"></a><a href="#FNanchor_36_56"><span class="label">36</span></a> <i>Compleat Coll. Laws of Maryland</i> (ed. 1727), p. 191; Bacon, <i>Laws of Maryland +at Large</i>, 1728, ch. 8.</p></div> + +<div class="footnote"><p><a name="Footnote_37_57" id="Footnote_37_57"></a><a href="#FNanchor_37_57"><span class="label">37</span></a> Bacon, <i>Laws</i>, 1754, ch. 9, 14.</p></div> + +<div class="footnote"><p><a name="Footnote_38_58" id="Footnote_38_58"></a><a href="#FNanchor_38_58"><span class="label">38</span></a> <i>Ibid.</i>, 1763, ch. 28.</p></div> + +<div class="footnote"><p><a name="Footnote_39_59" id="Footnote_39_59"></a><a href="#FNanchor_39_59"><span class="label">39</span></a> <i>Laws of Maryland since 1763</i>: 1771, ch. 7. Cf. <i>Ibid.</i>: 1777, sess. Feb.-Apr., +ch. 18.</p></div> + +<div class="footnote"><p><a name="Footnote_40_60" id="Footnote_40_60"></a><a href="#FNanchor_40_60"><span class="label">40</span></a> <i>Ibid.</i>: 1783, sess. Apr.-June, ch. 23.</p></div> + +<div class="footnote"><p><a name="Footnote_41_61" id="Footnote_41_61"></a><a href="#FNanchor_41_61"><span class="label">41</span></a> "The last importation of slaves into Maryland was, as I am credibly informed, +in the year 1769": William Eddis, <i>Letters from America</i> (London, +1792), p. 65, note. +</p> +<p>The number of slaves in Maryland has been estimated as follows:—</p> +<table summary="Maryland slaves"> +<tr><td align="left">In</td><td align="left">1704,</td><td align="right">4,475.</td><td align="left"><i>Doc. rel. Col. Hist. New York</i>, V. 605.</td></tr> +<tr><td align="center">"</td><td align="left">1710,</td><td align="right">7,935.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1712,</td><td align="right">8,330.</td><td align="left"> Scharf, <i>History of Maryland</i>, I. 377.</td></tr> +<tr><td align="center">"</td><td align="left">1719,</td><td align="right">25,000.</td><td align="left"><i>Doc. rel. Col. Hist. New York</i>, V. 605.</td></tr> +<tr><td align="center">"</td><td align="left">1748,</td><td align="right">36,000.</td><td align="left">McMahon, <i>History of Maryland</i>, I. 313.</td></tr> +<tr><td align="center">"</td><td align="left">1755,</td><td align="right">46,356.</td><td align="left"><i>Gentleman's Magazine</i>, XXXIV. 261.</td></tr> +<tr><td align="center">"</td><td align="left">1756,</td><td align="right">46,225.</td><td align="left">McMahon, <i>History of Maryland</i>, I. 313.</td></tr> +<tr><td align="center">"</td><td align="left">1761,</td><td align="right">49,675.</td><td align="left">Dexter, <i>Colonial Population</i>, p. 21, note.</td></tr> +<tr><td align="center">"</td><td align="left">1782,</td><td align="right">83,362.</td><td align="left"><i>Encyclopædia Britannica</i> (9th ed.), XV. 603.</td></tr> +<tr><td align="center">"</td><td align="left">1787,</td><td align="right">80,000.</td><td align="left">Dexter, <i>Colonial Population</i>, p. 21, note.</td></tr> +</table> +</div> +</div> + +<hr /> +<p><!-- Page 24 --><a name="Page_24" id="Page_24"></a><span class="pagenum">24</span></p> + +<h2><a name="Chapter_III" id="Chapter_III"></a><i>Chapter III</i></h2> +<h3>THE FARMING COLONIES.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">10. Character of these Colonies.</td></tr> +<tr><td align="left">11. The Dutch Slave-Trade.</td></tr> +<tr><td align="left">12. Restrictions in New York.</td></tr> +<tr><td align="left">13. Restrictions in Pennsylvania and Delaware.</td></tr> +<tr><td align="left">14. Restrictions in New Jersey.</td></tr> +<tr><td align="left">15. General Character of these Restrictions.</td></tr> +</table> + +<p>10. <b>Character of these Colonies.</b> The colonies of this group, +occupying the central portion of the English possessions, +comprise those communities where, on account of climate, +physical characteristics, and circumstances of settlement, slavery +as an institution found but a narrow field for development. +The climate was generally rather cool for the newly +imported slaves, the soil was best suited to crops to which +slave labor was poorly adapted, and the training and habits of +the great body of settlers offered little chance for the growth +of a slave system. These conditions varied, of course, in different +colonies; but the general statement applies to all. These +communities of small farmers and traders derived whatever +opposition they had to the slave-trade from three sorts of +motives,—economic, political, and moral. First, the importation +of slaves did not pay, except to supply a moderate demand +for household servants. Secondly, these colonies, as well as +those in the South, had a wholesome political fear of a large +servile population. Thirdly, the settlers of many of these colonies +were of sterner moral fibre than the Southern cavaliers +and adventurers, and, in the absence of great counteracting +motives, were more easily led to oppose the institution and +the trade. Finally, it must be noted that these colonies did not +so generally regard themselves as temporary commercial investments +as did Virginia and Carolina. Intending to found +permanent States, these settlers from the first more carefully +studied the ultimate interests of those States.</p> + + +<p>11. <b>The Dutch Slave-Trade.</b> The Dutch seem to have commenced +the slave-trade to the American continent, the Middle +colonies and some of the Southern receiving supplies from +<!-- Page 25 --><a name="Page_25" id="Page_25"></a><span class="pagenum">25</span>them. John Rolfe relates that the last of August, 1619, there +came to Virginia "a dutch man of warre that sold us twenty +Negars."<a name="FNanchor_1_62" id="FNanchor_1_62"></a><a href="#Footnote_1_62" class="fnanchor">1</a> This was probably one of the ships of the numerous +private Dutch trading-companies which early entered into +and developed the lucrative African slave-trade. Ships sailed +from Holland to Africa, got slaves in exchange for their +goods, carried the slaves to the West Indies or Brazil, and +returned home laden with sugar.<a name="FNanchor_2_63" id="FNanchor_2_63"></a><a href="#Footnote_2_63" class="fnanchor">2</a> Through the enterprise of +one of these trading-companies the settlement of New Amsterdam +was begun, in 1614. In 1621 the private companies +trading in the West were all merged into the Dutch West India +Company, and given a monopoly of American trade. This +company was very active, sending in four years 15,430 Negroes +to Brazil,<a name="FNanchor_3_64" id="FNanchor_3_64"></a><a href="#Footnote_3_64" class="fnanchor">3</a> carrying on war with Spain, supplying even +the English plantations,<a name="FNanchor_4_65" id="FNanchor_4_65"></a><a href="#Footnote_4_65" class="fnanchor">4</a> and gradually becoming the great +slave carrier of the day.</p> + +<p>The commercial supremacy of the Dutch early excited the +envy and emulation of the English. The Navigation Ordinance +of 1651 was aimed at them, and two wars were necessary +to wrest the slave-trade from them and place it in the hands +of the English. The final terms of peace among other things +surrendered New Netherland to England, and opened the +way for England to become henceforth the world's greatest +slave-trader. Although the Dutch had thus commenced the +continental slave-trade, they had not actually furnished a very +large number of slaves to the English colonies outside the +West Indies. A small trade had, by 1698, brought a few thousand +to New York, and still fewer to New Jersey.<a name="FNanchor_5_66" id="FNanchor_5_66"></a><a href="#Footnote_5_66" class="fnanchor">5</a> It was left +to the English, with their strong policy in its favor, to develop +this trade.</p> + + +<p>12. <b>Restrictions in New York.</b><a name="FNanchor_6_67" id="FNanchor_6_67"></a><a href="#Footnote_6_67" class="fnanchor">6</a> The early ordinances of +<!-- Page 26 --><a name="Page_26" id="Page_26"></a><span class="pagenum">26</span>the Dutch, laying duties, generally of ten per cent, on slaves, +probably proved burdensome to the trade, although this was +not intentional.<a name="FNanchor_7_68" id="FNanchor_7_68"></a><a href="#Footnote_7_68" class="fnanchor">7</a> The Biblical prohibition of slavery and the +slave-trade, copied from New England codes into the Duke +of York's Laws, had no practical application,<a name="FNanchor_8_69" id="FNanchor_8_69"></a><a href="#Footnote_8_69" class="fnanchor">8</a> and the trade +continued to be encouraged in the governors' instructions. In +1709 a duty of £3 was laid on Negroes from elsewhere than +Africa.<a name="FNanchor_9_70" id="FNanchor_9_70"></a><a href="#Footnote_9_70" class="fnanchor">9</a> This was aimed at West India slaves, and was prohibitive. +By 1716 the duty on all slaves was £1 12½<i>s.</i>, which was +probably a mere revenue figure.<a name="FNanchor_10_71" id="FNanchor_10_71"></a><a href="#Footnote_10_71" class="fnanchor">10</a> In 1728 a duty of 40<i>s.</i> was +laid, to be continued until 1737.<a name="FNanchor_11_72" id="FNanchor_11_72"></a><a href="#Footnote_11_72" class="fnanchor">11</a> It proved restrictive, however, +and on the "humble petition of the Merchants and<!-- Page 27 --><a name="Page_27" id="Page_27"></a><span class="pagenum">27</span> +Traders of the City of Bristol" was disallowed in 1735, as +"greatly prejudicial to the Trade and Navigation of this Kingdom."<a name="FNanchor_12_73" id="FNanchor_12_73"></a><a href="#Footnote_12_73" class="fnanchor">12</a> +Governor Cosby was also reminded that no duties on +slaves payable by the importer were to be laid. Later, in 1753, +the 40<i>s.</i> duty was restored, but under the increased trade of +those days was not felt.<a name="FNanchor_13_74" id="FNanchor_13_74"></a><a href="#Footnote_13_74" class="fnanchor">13</a> No further restrictions seem to have +been attempted until 1785, when the sale of slaves in the State +was forbidden.<a name="FNanchor_14_75" id="FNanchor_14_75"></a><a href="#Footnote_14_75" class="fnanchor">14</a></p> + +<p>The chief element of restriction in this colony appears to +have been the shrewd business sense of the traders, who +never flooded the slave market, but kept a supply sufficient +for the slowly growing demand. Between 1701 and 1726 only +about 2,375 slaves were imported, and in 1774 the total slave +population amounted to 21,149.<a name="FNanchor_15_76" id="FNanchor_15_76"></a><a href="#Footnote_15_76" class="fnanchor">15</a> No restriction was ever +put by New York on participation in the trade outside the +colony, and in spite of national laws New York merchants +continued to be engaged in this traffic even down to the +Civil War.<a name="FNanchor_16_77" id="FNanchor_16_77"></a><a href="#Footnote_16_77" class="fnanchor">16</a></p> + +<p>Vermont, who withdrew from New York in 1777, in her +<!-- Page 28 --><a name="Page_28" id="Page_28"></a><span class="pagenum">28</span>first Constitution<a name="FNanchor_17_78" id="FNanchor_17_78"></a><a href="#Footnote_17_78" class="fnanchor">17</a> declared slavery illegal, and in 1786 stopped +by law the sale and transportation of slaves within her boundaries.<a name="FNanchor_18_79" id="FNanchor_18_79"></a><a href="#Footnote_18_79" class="fnanchor">18</a></p> + + +<p>13. <b>Restrictions in Pennsylvania and Delaware.</b><a name="FNanchor_19_80" id="FNanchor_19_80"></a><a href="#Footnote_19_80" class="fnanchor">19</a> One of +the first American protests against the slave-trade came from +certain German Friends, in 1688, at a Weekly Meeting held in +Germantown, Pennsylvania. "These are the reasons," wrote +"Garret henderich, derick up de graeff, Francis daniell Pastorius, +and Abraham up Den graef," "why we are against the +traffick of men-body, as followeth: Is there any that would be +done or handled at this manner?... Now, tho they are +black, we cannot conceive there is more liberty to have them +slaves, as it is to have other white ones. There is a saying, that +we shall doe to all men like as we will be done ourselves; +making no difference of what generation, descent or colour +they are. And those who steal or robb men, and those who +<!-- Page 29 --><a name="Page_29" id="Page_29"></a><span class="pagenum">29</span>buy or purchase them, are they not all alike?"<a name="FNanchor_20_81" id="FNanchor_20_81"></a><a href="#Footnote_20_81" class="fnanchor">20</a> This little +leaven helped slowly to work a revolution in the attitude of +this great sect toward slavery and the slave-trade. The Yearly +Meeting at first postponed the matter, "It having so General +a Relation to many other Parts."<a name="FNanchor_21_82" id="FNanchor_21_82"></a><a href="#Footnote_21_82" class="fnanchor">21</a> Eventually, however, in +1696, the Yearly Meeting advised "That Friends be careful not +to encourage the bringing in of any more Negroes."<a name="FNanchor_22_83" id="FNanchor_22_83"></a><a href="#Footnote_22_83" class="fnanchor">22</a> This +advice was repeated in stronger terms for a quarter-century,<a name="FNanchor_23_84" id="FNanchor_23_84"></a><a href="#Footnote_23_84" class="fnanchor">23</a> +and by that time Sandiford, Benezet, Lay, and Woolman had +begun their crusade. In 1754 the Friends took a step farther +and made the purchase of slaves a matter of discipline.<a name="FNanchor_24_85" id="FNanchor_24_85"></a><a href="#Footnote_24_85" class="fnanchor">24</a> Four +years later the Yearly Meeting expressed itself clearly as +"against every branch of this practice," and declared that if +"any professing with us should persist to vindicate it, and be +concerned in importing, selling or purchasing slaves, the respective +Monthly Meetings to which they belong should +manifest their disunion with such persons."<a name="FNanchor_25_86" id="FNanchor_25_86"></a><a href="#Footnote_25_86" class="fnanchor">25</a> Further, manumission +was recommended, and in 1776 made compulsory.<a name="FNanchor_26_87" id="FNanchor_26_87"></a><a href="#Footnote_26_87" class="fnanchor">26</a> +The effect of this attitude of the Friends was early manifested +in the legislation of all the colonies where the sect was influential, +and particularly in Pennsylvania.</p> + +<p>One of the first duty acts (1710) laid a restrictive duty of +40<i>s.</i> on slaves, and was eventually disallowed.<a name="FNanchor_27_88" id="FNanchor_27_88"></a><a href="#Footnote_27_88" class="fnanchor">27</a> In 1712 William +Southeby petitioned the Assembly totally to abolish slavery. +This the Assembly naturally refused to attempt; but the +same year, in response to another petition "signed by many +hands," they passed an "Act to prevent the Importation of +Negroes and Indians,"<a name="FNanchor_28_89" id="FNanchor_28_89"></a><a href="#Footnote_28_89" class="fnanchor">28</a>—the first enactment of its kind in<!-- Page 30 --><a name="Page_30" id="Page_30"></a><span class="pagenum">30</span> +America. This act was inspired largely by the general fear of +insurrection which succeeded the "Negro-plot" of 1712 in +New York. It declared: "Whereas, divers Plots and Insurrections +have frequently happened, not only in the Islands but +on the Main Land of <i>America</i>, by Negroes, which have been +carried on so far that several of the inhabitants have been barbarously +Murthered, an Instance whereof we have lately had +in our Neighboring Colony of <i>New York</i>,"<a name="FNanchor_29_90" id="FNanchor_29_90"></a><a href="#Footnote_29_90" class="fnanchor">29</a> etc. It then proceeded +to lay a prohibitive duty of £20 on all slaves imported. +These acts were quickly disposed of in England. Three duty +acts affecting Negroes, including the prohibitory act, were in +1713 disallowed, and it was directed that "the Dep<sup>ty</sup> Gov<sup>r</sup> +Council and Assembly of Pensilvania, be & they are hereby +Strictly Enjoyned & required not to permit the said Laws +... to be from henceforward put in Execution."<a name="FNanchor_30_91" id="FNanchor_30_91"></a><a href="#Footnote_30_91" class="fnanchor">30</a> The Assembly +repealed these laws, but in 1715 passed another laying +a duty of £5, which was also eventually disallowed.<a name="FNanchor_31_92" id="FNanchor_31_92"></a><a href="#Footnote_31_92" class="fnanchor">31</a> Other +acts, the provisions of which are not clear, were passed in 1720 +and 1722,<a name="FNanchor_32_93" id="FNanchor_32_93"></a><a href="#Footnote_32_93" class="fnanchor">32</a> and in 1725–1726 the duty on Negroes was raised +to the restrictive figure of £10.<a name="FNanchor_33_94" id="FNanchor_33_94"></a><a href="#Footnote_33_94" class="fnanchor">33</a> This duty, for some reason +not apparent, was lowered to £2 in 1729,<a name="FNanchor_34_95" id="FNanchor_34_95"></a><a href="#Footnote_34_95" class="fnanchor">34</a> but restored again +in 1761.<a name="FNanchor_35_96" id="FNanchor_35_96"></a><a href="#Footnote_35_96" class="fnanchor">35</a> A struggle occurred over this last measure, the +Friends petitioning for it, and the Philadelphia merchants +against it, declaring that "We, the subscribers, ever desirous +<!-- Page 31 --><a name="Page_31" id="Page_31"></a><span class="pagenum">31</span>to extend the Trade of this Province, have seen, for some time +past, the many inconveniencys the Inhabitants have suffer'd +for want of Labourers and artificers, ... have for some time +encouraged the importation of Negroes;" they prayed therefore +at least for a delay in passing the measure.<a name="FNanchor_36_97" id="FNanchor_36_97"></a><a href="#Footnote_36_97" class="fnanchor">36</a> The law, +nevertheless, after much debate and altercation with the governor, +finally passed.</p> + +<p>These repeated acts nearly stopped the trade, and the manumission +or sale of Negroes by the Friends decreased the +number of slaves in the province. The rising spirit of independence +enabled the colony, in 1773, to restore the prohibitive +duty of £20 and make it perpetual.<a name="FNanchor_37_98" id="FNanchor_37_98"></a><a href="#Footnote_37_98" class="fnanchor">37</a> After the Revolution unpaid +duties on slaves were collected and the slaves registered,<a name="FNanchor_38_99" id="FNanchor_38_99"></a><a href="#Footnote_38_99" class="fnanchor">38</a> +and in 1780 an "Act for the gradual Abolition of Slavery" was +passed.<a name="FNanchor_39_100" id="FNanchor_39_100"></a><a href="#Footnote_39_100" class="fnanchor">39</a> As there were probably at no time before the war +more than 11,000 slaves in Pennsylvania,<a name="FNanchor_40_101" id="FNanchor_40_101"></a><a href="#Footnote_40_101" class="fnanchor">40</a> the task thus accomplished +was not so formidable as in many other States. As it +was, participation in the slave-trade outside the colony was +not prohibited until 1788.<a name="FNanchor_41_102" id="FNanchor_41_102"></a><a href="#Footnote_41_102" class="fnanchor">41</a></p> + +<p>It seems probable that in the original Swedish settlements +along the Delaware slavery was prohibited.<a name="FNanchor_42_103" id="FNanchor_42_103"></a><a href="#Footnote_42_103" class="fnanchor">42</a> This measure +had, however, little practical effect; for as soon as the Dutch +got control the slave-trade was opened, although, as it appears, +to no large extent. After the fall of the Dutch Delaware +came into English hands. Not until 1775 do we find any legislation +on the slave-trade. In that year the colony attempted +<!-- Page 32 --><a name="Page_32" id="Page_32"></a><span class="pagenum">32</span>to prohibit the importation of slaves, but the governor vetoed +the bill.<a name="FNanchor_43_104" id="FNanchor_43_104"></a><a href="#Footnote_43_104" class="fnanchor">43</a> Finally, in 1776 by the Constitution, and in 1787 by +law, importation and exportation were both prohibited.<a name="FNanchor_44_105" id="FNanchor_44_105"></a><a href="#Footnote_44_105" class="fnanchor">44</a></p> + + +<p>14. <b>Restrictions in New Jersey.</b><a name="FNanchor_45_106" id="FNanchor_45_106"></a><a href="#Footnote_45_106" class="fnanchor">45</a> Although the freeholders +of West New Jersey declared, in 1676, that "all and every Person +and Persons Inhabiting the said Province, shall, as far as +in us lies, be free from Oppression and Slavery,"<a name="FNanchor_46_107" id="FNanchor_46_107"></a><a href="#Footnote_46_107" class="fnanchor">46</a> yet Negro +slaves are early found in the colony.<a name="FNanchor_47_108" id="FNanchor_47_108"></a><a href="#Footnote_47_108" class="fnanchor">47</a> The first restrictive measure +was passed, after considerable friction between the +Council and the House, in 1713; it laid a duty of £10, currency.<a name="FNanchor_48_109" id="FNanchor_48_109"></a><a href="#Footnote_48_109" class="fnanchor">48</a> +Governor Hunter explained to the Board of Trade +that the bill was "calculated to Encourage the Importation of +white Servants for the better Peopeling that Country."<a name="FNanchor_49_110" id="FNanchor_49_110"></a><a href="#Footnote_49_110" class="fnanchor">49</a> How +long this act continued does not appear; probably, not long. +No further legislation was enacted until 1762 or 1763, when a +prohibitive duty was laid on account of "the inconvenience +the Province is exposed to in lying open to the free importation +of Negros, when the Provinces on each side have laid +duties on them."<a name="FNanchor_50_111" id="FNanchor_50_111"></a><a href="#Footnote_50_111" class="fnanchor">50</a> The Board of Trade declared that while +they did not object to "the Policy of imposing a reasonable +duty," they could not assent to this, and the act was disallowed.<a name="FNanchor_51_112" id="FNanchor_51_112"></a><a href="#Footnote_51_112" class="fnanchor">51</a> +The Act of 1769 evaded the technical objection of the +Board of Trade, and laid a duty of £15 on the first purchasers +of Negroes, because, as the act declared, "Duties on the Im<!-- Page 33 --><a name="Page_33" id="Page_33"></a><span class="pagenum">33</span>portation +of Negroes in several of the neighbouring Colonies +hath, on Experience, been found beneficial in the Introduction +of sober, industrious Foreigners."<a name="FNanchor_52_113" id="FNanchor_52_113"></a><a href="#Footnote_52_113" class="fnanchor">52</a> In 1774 a bill which, +according to the report of the Council to Governor Morris, +"plainly intended an entire Prohibition of all Slaves being imported +from foreign Parts," was thrown out by the Council.<a name="FNanchor_53_114" id="FNanchor_53_114"></a><a href="#Footnote_53_114" class="fnanchor">53</a> +Importation was finally prohibited in 1786.<a name="FNanchor_54_115" id="FNanchor_54_115"></a><a href="#Footnote_54_115" class="fnanchor">54</a></p> + + +<p>15. <b>General Character of these Restrictions.</b> The main +difference in motive between the restrictions which the planting +and the farming colonies put on the African slave-trade, +lay in the fact that the former limited it mainly from fear of +insurrection, the latter mainly because it did not pay. Naturally, +the latter motive worked itself out with much less legislation +than the former; for this reason, and because they +held a smaller number of slaves, most of these colonies have +fewer actual statutes than the Southern colonies. In Pennsylvania +alone did this general economic revolt against the trade +acquire a distinct moral tinge. Although even here the institution +was naturally doomed, yet the clear moral insight of +the Quakers checked the trade much earlier than would otherwise +have happened. We may say, then, that the farming +colonies checked the slave-trade primarily from economic +motives.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_62" id="Footnote_1_62"></a><a href="#FNanchor_1_62"><span class="label">1</span></a> Smith, <i>Generall Historie of Virginia</i> (1626 and 1632), p. 126.</p></div> + +<div class="footnote"><p><a name="Footnote_2_63" id="Footnote_2_63"></a><a href="#FNanchor_2_63"><span class="label">2</span></a> Cf. Southey, <i>History of Brazil</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_3_64" id="Footnote_3_64"></a><a href="#FNanchor_3_64"><span class="label">3</span></a> De Laet, in O'Callaghan, <i>Voyages of the Slavers</i>, etc., p. viii.</p></div> + +<div class="footnote"><p><a name="Footnote_4_65" id="Footnote_4_65"></a><a href="#FNanchor_4_65"><span class="label">4</span></a> See, e.g., Sainsbury, <i>Cal. State Papers; Col. Ser., America and W. Indies, +1574–1660</i>, p. 279.</p></div> + +<div class="footnote"><p><a name="Footnote_5_66" id="Footnote_5_66"></a><a href="#FNanchor_5_66"><span class="label">5</span></a> Cf. below, pp. 27, 32, notes; also <i>Freedoms</i>, XXX., in O'Callaghan, <i>Laws +of New Netherland, 1638–74</i> (ed. 1868), p. 10; Brodhead, <i>History of New York</i>, +I. 312.</p></div> + +<div class="footnote"><p><a name="Footnote_6_67" id="Footnote_6_67"></a><a href="#FNanchor_6_67"><span class="label">6</span></a> The following is a summary of the legislation of the colony of New York; +details will be found in Appendix A:— +</p> + +<table summary=""> +<tr><td align="right">1709,</td><td align="left" colspan="2">Duty Act: £3 on Negroes not direct from Africa (Continued by the Acts of 1710, 1711).</td></tr> +<tr><td align="right">1711,</td><td align="left" colspan="2">Bill to lay further duty, lost in Council.</td></tr> +<tr><td align="right">1716,</td><td align="left">Duty Act:</td><td align="left"> 5 oz. plate on Africans in colony ships.</td></tr> +<tr><td colspan="2"> </td><td align="left"> 10 oz. plate on Africans in other ships.</td></tr> +<tr><td align="right">1728,</td><td align="center">"</td><td align="left">40<i>s.</i> on Africans, £4 on colonial Negroes.</td></tr> +<tr><td align="right">1732,</td><td align="center">"</td><td align="left">40<i>s.</i> on Africans, £4 on colonial Negroes.</td></tr> +<tr><td align="right">1734,</td><td align="center">"</td><td align="left">(?)</td></tr> +<tr><td align="right">1753,</td><td align="center">"</td><td align="left">40<i>s.</i> on Africans, £4 on colonial Negroes. (This act was annually continued.)</td></tr> +<tr><td align="right">[1777,</td><td align="left" colspan="2">Vermont Constitution does not recognize slavery.]</td></tr> +<tr><td align="right">1785,</td><td align="left" colspan="2">Sale of slaves in State prohibited.</td></tr> +<tr><td align="right">[1786,</td><td align="center">"</td><td align="left">in Vermont prohibited.]</td></tr> +<tr><td align="right">1788,</td><td align="center">"</td><td align="left">in State prohibited.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_7_68" id="Footnote_7_68"></a><a href="#FNanchor_7_68"><span class="label">7</span></a> O'Callaghan, <i>Laws of New Netherland, 1638–74</i>, pp. 31, 348, etc. The colonists +themselves were encouraged to trade, but the terms were not favorable +enough: <i>Doc. rel. Col. Hist. New York</i>, I. 246; <i>Laws of New Netherland</i>, pp. +81–2, note, 127. The colonists declared "that they are inclined to a foreign +Trade, and especially to the Coast of <i>Africa</i>, ... in order to fetch thence +Slaves": O'Callaghan, <i>Voyages of the Slavers</i>, etc., p. 172.</p></div> + +<div class="footnote"><p><a name="Footnote_8_69" id="Footnote_8_69"></a><a href="#FNanchor_8_69"><span class="label">8</span></a> <i>Charter to William Penn</i>, etc. (1879), p. 12. First published on Long Island +in 1664. Possibly Negro slaves were explicitly excepted. Cf. <i>Magazine of American +History</i>, XI. 411, and <i>N.Y. Hist. Soc. Coll.</i>, I. 322.</p></div> + +<div class="footnote"><p><a name="Footnote_9_70" id="Footnote_9_70"></a><a href="#FNanchor_9_70"><span class="label">9</span></a> <i>Acts of Assembly, 1691-1718</i>, pp. 97, 125, 134; <i>Doc. rel. Col. Hist. New York</i>, +V. 178, 185, 293.</p></div> + +<div class="footnote"><p><a name="Footnote_10_71" id="Footnote_10_71"></a><a href="#FNanchor_10_71"><span class="label">10</span></a> The Assembly attempted to raise the slave duty in 1711, but the Council +objected (<i>Doc. rel. Col. Hist. New York</i>, V. 292 ff.), although, as it seems, not +on account of the slave duty in particular. Another act was passed between +1711 and 1716, but its contents are not known (cf. title of the Act of 1716). For +the Act of 1716, see <i>Acts of Assembly, 1691–1718</i>, p. 224.</p></div> + +<div class="footnote"><p><a name="Footnote_11_72" id="Footnote_11_72"></a><a href="#FNanchor_11_72"><span class="label">11</span></a> <i>Doc. rel. Col. Hist. New York</i>, VI. 37, 38.</p></div> + +<div class="footnote"><p><a name="Footnote_12_73" id="Footnote_12_73"></a><a href="#FNanchor_12_73"><span class="label">12</span></a> <i>Doc. rel. Col. Hist. New York</i>, VI. 32–4.</p></div> + +<div class="footnote"><p><a name="Footnote_13_74" id="Footnote_13_74"></a><a href="#FNanchor_13_74"><span class="label">13</span></a> <i>Ibid.</i>, VII. 907. This act was annually renewed. The slave duty remained +a chief source of revenue down to 1774. Cf. <i>Report of Governor Tryon</i>, in <i>Doc. +rel. Col. Hist. New York</i>, VIII. 452.</p></div> + +<div class="footnote"><p><a name="Footnote_14_75" id="Footnote_14_75"></a><a href="#FNanchor_14_75"><span class="label">14</span></a> <i>Laws of New York, 1785–88</i> (ed. 1886), ch. 68, p. 121. Substantially the same +act reappears in the revision of the laws of 1788: <i>Ibid.</i>, ch. 40, p. 676.</p></div> + +<div class="footnote"><p><a name="Footnote_15_76" id="Footnote_15_76"></a><a href="#FNanchor_15_76"><span class="label">15</span></a> The slave population of New York has been estimated as follows:— +</p> +<table summary=""> +<tr><td>In</td><td align="right">1698,</td><td align="right">2,170.</td><td align="left"><i>Doc. rel. Col. Hist. New York</i>, IV. 420.</td></tr> +<tr><td align="center">"</td><td align="right">1703,</td><td align="right">2,258.</td><td align="left"><i>N.Y. Col. MSS.</i>, XLVIII.; cited in Hough, <i>N.Y. Census, 1855</i>, Introd.</td></tr> +<tr><td align="center">"</td><td align="right">1712,</td><td align="right">2,425.</td><td align="left" colspan="2"><i>Ibid.</i>, LVII., LIX. (a partial census).</td></tr> +<tr><td align="center">"</td><td align="right">1723,</td><td align="right">6,171.</td><td align="left" colspan="2"><i>Doc. rel. Col. Hist. New York</i>, V. 702.</td></tr> +<tr><td align="center">"</td><td align="right">1731,</td><td align="right">7,743.</td><td align="left" colspan="2"><i>Ibid.</i>, V. 929.</td></tr> +<tr><td align="center">"</td><td align="right">1737,</td><td align="right">8,941.</td><td align="left" colspan="2"><i>Ibid.</i>, VI. 133.</td></tr> +<tr><td align="center">"</td><td align="right">1746,</td><td align="right">9,107.</td><td align="left" colspan="2"><i>Ibid.</i>, VI. 392.</td></tr> +<tr><td align="center">"</td><td align="right">1749,</td><td align="right">10,692.</td><td align="left" colspan="2"><i>Ibid.</i>, VI. 550.</td></tr> +<tr><td align="center">"</td><td align="right">1756,</td><td align="right">13,548.</td><td align="left" colspan="2"><i>London Doc.</i>, XLIV. 123; cited in Hough, as above.</td></tr> +<tr><td align="center">"</td><td align="right">1771,</td><td align="right">19,863.</td><td align="left" colspan="2"><i>Ibid.</i>, XLIV. 144; cited in Hough, as above.</td></tr> +<tr><td align="center">"</td><td align="right">1774,</td><td align="right">21,149.</td><td align="left"><i>Ibid.</i>,</td><td align="center">"</td></tr> +<tr><td align="center">"</td><td align="right">1786,</td><td align="right">18,889.</td><td align="left" colspan="2"><i>Deeds in office Sec. of State</i>, XXII. 35.</td></tr> +</table> +<p> +Total number of Africans imported from 1701 to 1726, 2,375, +of whom 802 were from Africa: O'Callaghan, <i>Documentary +History of New York</i>, I. 482. +</p></div> + +<div class="footnote"><p><a name="Footnote_16_77" id="Footnote_16_77"></a><a href="#FNanchor_16_77"><span class="label">16</span></a> Cf. below, Chapter XI.</p></div> + +<div class="footnote"><p><a name="Footnote_17_78" id="Footnote_17_78"></a><a href="#FNanchor_17_78"><span class="label">17</span></a> <i>Vermont State Papers, 1779–86</i>, p. 244. The return of sixteen slaves in +Vermont, by the first census, was an error: <i>New England Record</i>, XXIX. +249.</p></div> + +<div class="footnote"><p><a name="Footnote_18_79" id="Footnote_18_79"></a><a href="#FNanchor_18_79"><span class="label">18</span></a> <i>Vermont State Papers</i>, p. 505.</p></div> + +<div class="footnote"><p><a name="Footnote_19_80" id="Footnote_19_80"></a><a href="#FNanchor_19_80"><span class="label">19</span></a> The following is a summary of the legislation of the colony of Pennsylvania +and Delaware; details will be found in Appendix A:— +</p> +<table summary=""> +<tr><td align="left">1705,</td><td align="left"> Duty Act: (?).</td></tr> +<tr><td align="left">1710,</td><td align="center">"</td><td align="left">40<i>s.</i> (Disallowed).</td></tr> +<tr><td align="left">1712,</td><td align="center">"</td><td align="left">£20 "</td></tr> +<tr><td align="left">1712,</td><td align="center">"</td><td align="left">supplementary to the Act of 1710.</td></tr> +<tr><td align="left">1715,</td><td align="center">"</td><td align="left">£5 (Disallowed).</td></tr> +<tr><td align="left">1718,</td><td align="center">"</td><td align="left">"</td></tr> +<tr><td align="left">1720,</td><td align="center">"</td><td align="left">(?).</td></tr> +<tr><td align="left">1722,</td><td align="center">"</td><td align="left">(?).</td></tr> +<tr><td align="left">1725–6,</td><td align="center">"</td><td align="left">£10.</td></tr> +<tr><td align="left">1726,</td><td align="center">"</td></tr> +<tr><td align="left">1729,</td><td align="center">"</td><td align="left">£2.</td></tr> +<tr><td align="left">1761,</td><td align="center">"</td><td align="left">£10.</td></tr> +<tr><td align="left">1761,</td><td align="center">"</td><td align="left">(?).</td></tr> +<tr><td align="left">1768,</td><td align="center">"</td><td align="left">re-enactment of the Act of 1761.</td></tr> +<tr><td align="left">1773,</td><td align="center">"</td><td align="left">perpetual additional duty of £10; total, £20.</td></tr> +<tr><td align="left">1775,</td><td align="left" colspan="2">Bill to prohibit importation vetoed by the governor (Delaware).</td></tr> +<tr><td align="left">1775,</td><td align="left" colspan="2">Bill to prohibit importation vetoed by the governor.</td></tr> +<tr><td align="left">1778,</td><td align="left" colspan="2">Back duties on slaves ordered collected.</td></tr> +<tr><td align="left">1780,</td><td align="left" colspan="2">Act for the gradual abolition of slavery.</td></tr> +<tr><td align="left">1787,</td><td align="left" colspan="2">Act to prevent the exportation of slaves (Delaware).</td></tr> +<tr><td align="left">1788,</td><td align="left" colspan="2">Act to prevent the slave-trade.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_20_81" id="Footnote_20_81"></a><a href="#FNanchor_20_81"><span class="label">20</span></a> From fac-simile copy, published at Germantown in 1880. Cf. Whittier's +poem, "Pennsylvania Hall" (<i>Poetical Works</i>, Riverside ed., III. 62); and Proud, +<i>History of Pennsylvania</i> (1797), I. 219.</p></div> + +<div class="footnote"><p><a name="Footnote_21_82" id="Footnote_21_82"></a><a href="#FNanchor_21_82"><span class="label">21</span></a> From fac-simile copy, published at Germantown in 1880.</p></div> + +<div class="footnote"><p><a name="Footnote_22_83" id="Footnote_22_83"></a><a href="#FNanchor_22_83"><span class="label">22</span></a> Bettle, <i>Notices of Negro Slavery</i>, in <i>Penn. Hist. Soc. Mem.</i> (1864), I. 383.</p></div> + +<div class="footnote"><p><a name="Footnote_23_84" id="Footnote_23_84"></a><a href="#FNanchor_23_84"><span class="label">23</span></a> Cf. Bettle, <i>Notices of Negro Slavery, passim</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_24_85" id="Footnote_24_85"></a><a href="#FNanchor_24_85"><span class="label">24</span></a> Janney, <i>History of the Friends</i>, III. 315–7.</p></div> + +<div class="footnote"><p><a name="Footnote_25_86" id="Footnote_25_86"></a><a href="#FNanchor_25_86"><span class="label">25</span></a> <i>Ibid.</i>, III. 317.</p></div> + +<div class="footnote"><p><a name="Footnote_26_87" id="Footnote_26_87"></a><a href="#FNanchor_26_87"><span class="label">26</span></a> Bettle, in <i>Penn. Hist. Soc. Mem.</i>, I. 395.</p></div> + +<div class="footnote"><p><a name="Footnote_27_88" id="Footnote_27_88"></a><a href="#FNanchor_27_88"><span class="label">27</span></a> <i>Penn. Col. Rec.</i> (1852), II. 530; Bettle, in <i>Penn. Hist. Soc. Mem.</i>, I. 415.</p></div> + +<div class="footnote"><p><a name="Footnote_28_89" id="Footnote_28_89"></a><a href="#FNanchor_28_89"><span class="label">28</span></a> <i>Laws of Pennsylvania, collected</i>, etc., 1714, p. 165; Bettle, in <i>Penn. Hist. Soc. +Mem.</i>, I. 387.</p></div> + +<div class="footnote"><p><a name="Footnote_29_90" id="Footnote_29_90"></a><a href="#FNanchor_29_90"><span class="label">29</span></a> See preamble of the act.</p></div> + +<div class="footnote"><p><a name="Footnote_30_91" id="Footnote_30_91"></a><a href="#FNanchor_30_91"><span class="label">30</span></a> The Pennsylvanians did not allow their laws to reach England until long +after they were passed: <i>Penn. Archives</i>, I. 161–2; <i>Col. Rec.</i>, II. 572–3. These +acts were disallowed Feb. 20, 1713. Another duty act was passed in 1712, supplementary +to the Act of 1710 (<i>Col. Rec.</i>, II. 553). The contents are unknown.</p></div> + +<div class="footnote"><p><a name="Footnote_31_92" id="Footnote_31_92"></a><a href="#FNanchor_31_92"><span class="label">31</span></a> <i>Acts and Laws of Pennsylvania</i>, 1715, p. 270; Chalmers, <i>Opinions</i>, II. 118. +Before the disallowance was known, the act had been continued by the Act +of 1718: Carey and Bioren, <i>Laws of Pennsylvania, 1700–1802</i>, I. 118; <i>Penn. Col. +Rec.</i>, III. 38.</p></div> + +<div class="footnote"><p><a name="Footnote_32_93" id="Footnote_32_93"></a><a href="#FNanchor_32_93"><span class="label">32</span></a> Carey and Bioren, <i>Laws</i>, I. 165; <i>Penn. Col. Rec.</i>, III. 171; Bettle, in <i>Penn. +Hist. Soc. Mem.</i>, I. 389, note.</p></div> + +<div class="footnote"><p><a name="Footnote_33_94" id="Footnote_33_94"></a><a href="#FNanchor_33_94"><span class="label">33</span></a> Carey and Bioren, <i>Laws</i>, I. 214; Bettle, in <i>Penn. Hist. Soc. Mem.</i>, I. 388. +Possibly there were two acts this year.</p></div> + +<div class="footnote"><p><a name="Footnote_34_95" id="Footnote_34_95"></a><a href="#FNanchor_34_95"><span class="label">34</span></a> <i>Laws of Pennsylvania</i> (ed. 1742), p. 354, ch. 287. Possibly some change in +the currency made this change appear greater than it was.</p></div> + +<div class="footnote"><p><a name="Footnote_35_96" id="Footnote_35_96"></a><a href="#FNanchor_35_96"><span class="label">35</span></a> Carey and Bioren, <i>Laws</i>, I. 371; <i>Acts of Assembly</i> (ed. 1782), p. 149; Dallas, +<i>Laws</i>, I. 406, ch. 379. This act was renewed in 1768: Carey and Bioren, <i>Laws</i>, +I. 451; <i>Penn. Col. Rec.</i>, IX. 472, 637, 641.</p></div> + +<div class="footnote"><p><a name="Footnote_36_97" id="Footnote_36_97"></a><a href="#FNanchor_36_97"><span class="label">36</span></a> <i>Penn. Col. Rec.</i>, VIII. 576.</p></div> + +<div class="footnote"><p><a name="Footnote_37_98" id="Footnote_37_98"></a><a href="#FNanchor_37_98"><span class="label">37</span></a> A large petition called for this bill. Much altercation ensued with the +governor: Dallas, <i>Laws</i>, I. 671, ch. 692; <i>Penn. Col. Rec.</i>, X. 77; Bettle, in <i>Penn. +Hist. Soc. Mem.</i>, I. 388–9.</p></div> + +<div class="footnote"><p><a name="Footnote_38_99" id="Footnote_38_99"></a><a href="#FNanchor_38_99"><span class="label">38</span></a> Dallas, <i>Laws</i>, I. 782, ch. 810.</p></div> + +<div class="footnote"><p><a name="Footnote_39_100" id="Footnote_39_100"></a><a href="#FNanchor_39_100"><span class="label">39</span></a> <i>Ibid.</i>, I. 838, ch. 881.</p></div> + +<div class="footnote"><p><a name="Footnote_40_101" id="Footnote_40_101"></a><a href="#FNanchor_40_101"><span class="label">40</span></a> There exist but few estimates of the number of slaves in this colony:— +</p> +<table summary=""> +<tr><td>In</td><td align="right">1721,</td><td align="right">2,500–5,000.</td><td align="left"><i>Doc. rel. Col. Hist. New York</i>, V. 604.</td></tr> +<tr><td>"</td><td align="right">1754,</td><td align="right">11,000.</td><td align="left">Bancroft, <i>Hist. of United States</i> (1883), II. 391.</td></tr> +<tr><td>"</td><td align="right">1760,</td><td align="right">"very few." </td><td align="left">Burnaby, <i>Travels through N. Amer.</i> (2d ed.), p. 81.</td></tr> +<tr><td>"</td><td align="right">1775,</td><td align="right">2,000.</td><td align="left"><i>Penn. Archives</i>, IV 597.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_41_102" id="Footnote_41_102"></a><a href="#FNanchor_41_102"><span class="label">41</span></a> Dallas, <i>Laws</i>, II. 586.</p></div> + +<div class="footnote"><p><a name="Footnote_42_103" id="Footnote_42_103"></a><a href="#FNanchor_42_103"><span class="label">42</span></a> Cf. <i>Argonautica Gustaviana</i>, pp. 21–3; <i>Del. Hist. Soc. Papers</i>, III. 10; <i>Hazard's +Register</i>, IV. 221, §§ 23, 24; <i>Hazard's Annals</i>, p. 372; Armstrong, <i>Record +of Upland Court</i>, pp. 29–30, and notes.</p></div> + +<div class="footnote"><p><a name="Footnote_43_104" id="Footnote_43_104"></a><a href="#FNanchor_43_104"><span class="label">43</span></a> Force, <i>American Archives</i>, 4th Ser., II. 128–9.</p></div> + +<div class="footnote"><p><a name="Footnote_44_105" id="Footnote_44_105"></a><a href="#FNanchor_44_105"><span class="label">44</span></a> <i>Ibid.</i>, 5th Ser., I. 1178; <i>Laws of Delaware, 1797</i> (Newcastle ed.), p. 884, ch. +145 b.</p></div> + +<div class="footnote"><p><a name="Footnote_45_106" id="Footnote_45_106"></a><a href="#FNanchor_45_106"><span class="label">45</span></a> The following is a summary of the legislation of the colony of New Jersey; +details will be found in Appendix A:— +</p> +<table summary=""> +<tr><td>1713,</td><td align="left">Duty Act:</td><td align="left">£10.</td></tr> +<tr><td>1763 (?),</td><td align="left">Duty Act.</td></tr> +<tr><td>1769,</td><td align="center">"</td><td align="left">£15.</td></tr> +<tr><td>1774,</td><td align="center">"</td><td align="left">£5 on Africans, £10 on colonial Negroes.</td></tr> +<tr><td>1786,</td><td align="left" colspan="2">Importation prohibited.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_46_107" id="Footnote_46_107"></a><a href="#FNanchor_46_107"><span class="label">46</span></a> Leaming and Spicer, <i>Grants, Concessions</i>, etc., p. 398. Probably this did +not refer to Negroes at all.</p></div> + +<div class="footnote"><p><a name="Footnote_47_108" id="Footnote_47_108"></a><a href="#FNanchor_47_108"><span class="label">47</span></a> Cf. Vincent, <i>History of Delaware</i>, I. 159, 381.</p></div> + +<div class="footnote"><p><a name="Footnote_48_109" id="Footnote_48_109"></a><a href="#FNanchor_48_109"><span class="label">48</span></a> <i>Laws and Acts of New Jersey, 1703–17</i> (ed. 1717), p. 43.</p></div> + +<div class="footnote"><p><a name="Footnote_49_110" id="Footnote_49_110"></a><a href="#FNanchor_49_110"><span class="label">49</span></a> <i>N.J. Archives</i>, IV. 196. There was much difficulty in passing the bill: <i>Ibid.</i>, +XIII. 516–41.</p></div> + +<div class="footnote"><p><a name="Footnote_50_111" id="Footnote_50_111"></a><a href="#FNanchor_50_111"><span class="label">50</span></a> <i>Ibid.</i>, IX. 345–6. The exact provisions of the act I have not found.</p></div> + +<div class="footnote"><p><a name="Footnote_51_112" id="Footnote_51_112"></a><a href="#FNanchor_51_112"><span class="label">51</span></a> <i>Ibid.</i>, IX. 383, 447, 458. Chiefly because the duty was laid on the importer.</p></div> + +<div class="footnote"><p><a name="Footnote_52_113" id="Footnote_52_113"></a><a href="#FNanchor_52_113"><span class="label">52</span></a> Allinson, <i>Acts of Assembly</i>, pp. 315–6.</p></div> + +<div class="footnote"><p><a name="Footnote_53_114" id="Footnote_53_114"></a><a href="#FNanchor_53_114"><span class="label">53</span></a> <i>N.J. Archives</i>, VI. 222.</p></div> + +<div class="footnote"><p><a name="Footnote_54_115" id="Footnote_54_115"></a><a href="#FNanchor_54_115"><span class="label">54</span></a> <i>Acts of the 10th General Assembly</i>, May 2, 1786. There are two estimates of +the number of slaves in this colony:— +</p> +<table summary=""> +<tr><td>In</td><td align="left">1738,</td><td align="right">3,981.</td><td align="left"><i>American Annals</i>,</td><td align="left">II. 127.</td></tr> +<tr><td align="center">"</td><td align="left">1754,</td><td align="right">4,606.</td><td align="center">"</td><td align="left">II. 143.</td></tr> +</table></div> +</div> + +<hr /> +<p><!-- Page 34 --><a name="Page_34" id="Page_34"></a><span class="pagenum">34</span></p> + +<h2><a name="Chapter_IV" id="Chapter_IV"></a><i>Chapter IV</i></h2> +<h3>THE TRADING COLONIES.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">16. Character of these Colonies.</td></tr> +<tr><td align="left">17. New England and the Slave-Trade.</td></tr> +<tr><td align="left">18. Restrictions in New Hampshire.</td></tr> +<tr><td align="left">19. Restrictions in Massachusetts.</td></tr> +<tr><td align="left">20. Restrictions in Rhode Island.</td></tr> +<tr><td align="left">21. Restrictions in Connecticut.</td></tr> +<tr><td align="left">22. General Character of these Restrictions.</td></tr> +</table> + +<p>16. <b>Character of these Colonies.</b> The rigorous climate of +New England, the character of her settlers, and their pronounced +political views gave slavery an even slighter basis +here than in the Middle colonies. The significance of New +England in the African slave-trade does not therefore lie in +the fact that she early discountenanced the system of slavery +and stopped importation; but rather in the fact that her citizens, +being the traders of the New World, early took part in +the carrying slave-trade and furnished slaves to the other colonies. +An inquiry, therefore, into the efforts of the New England +colonies to suppress the slave-trade would fall naturally +into two parts: first, and chiefly, an investigation of the efforts +to stop the participation of citizens in the carrying slave-trade; +secondly, an examination of the efforts made to banish the +slave-trade from New England soil.</p> + + +<p>17. <b>New England and the Slave-Trade.</b> Vessels from Massachusetts,<a name="FNanchor_1_116" id="FNanchor_1_116"></a><a href="#Footnote_1_116" class="fnanchor">1</a> +Rhode Island,<a name="FNanchor_2_117" id="FNanchor_2_117"></a><a href="#Footnote_2_117" class="fnanchor">2</a> Connecticut,<a name="FNanchor_3_118" id="FNanchor_3_118"></a><a href="#Footnote_3_118" class="fnanchor">3</a> and, to a less extent, +from New Hampshire,<a name="FNanchor_4_119" id="FNanchor_4_119"></a><a href="#Footnote_4_119" class="fnanchor">4</a> were early and largely engaged +in the carrying slave-trade. "We know," said Thomas Pemberton +in 1795, "that a large trade to Guinea was carried on for +many years by the citizens of Massachusetts Colony, who +were the proprietors of the vessels and their cargoes, out and +<!-- Page 35 --><a name="Page_35" id="Page_35"></a><span class="pagenum">35</span>home. Some of the slaves purchased in Guinea, and I suppose +the greatest part of them, were sold in the West Indies."<a name="FNanchor_5_120" id="FNanchor_5_120"></a><a href="#Footnote_5_120" class="fnanchor">5</a> Dr. +John Eliot asserted that "it made a considerable branch of our +commerce.... It declined very little till the Revolution."<a name="FNanchor_6_121" id="FNanchor_6_121"></a><a href="#Footnote_6_121" class="fnanchor">6</a> +Yet the trade of this colony was said not to equal that of +Rhode Island. Newport was the mart for slaves offered for +sale in the North, and a point of reshipment for all slaves. It +was principally this trade that raised Newport to her commercial +importance in the eighteenth century.<a name="FNanchor_7_122" id="FNanchor_7_122"></a><a href="#Footnote_7_122" class="fnanchor">7</a> Connecticut, too, +was an important slave-trader, sending large numbers of +horses and other commodities to the West Indies in exchange +for slaves, and selling the slaves in other colonies.</p> + +<p>This trade formed a perfect circle. Owners of slavers carried +slaves to South Carolina, and brought home naval stores for +their ship-building; or to the West Indies, and brought home +molasses; or to other colonies, and brought home hogsheads. +The molasses was made into the highly prized New England +rum, and shipped in these hogsheads to Africa for more +slaves.<a name="FNanchor_8_123" id="FNanchor_8_123"></a><a href="#Footnote_8_123" class="fnanchor">8</a> Thus, the rum-distilling industry indicates to some +extent the activity of New England in the slave-trade. In May, +1752, one Captain Freeman found so many slavers fitting out +that, in spite of the large importations of molasses, he could +get no rum for his vessel.<a name="FNanchor_9_124" id="FNanchor_9_124"></a><a href="#Footnote_9_124" class="fnanchor">9</a> In Newport alone twenty-two stills +<!-- Page 36 --><a name="Page_36" id="Page_36"></a><span class="pagenum">36</span>were at one time running continuously;<a name="FNanchor_10_125" id="FNanchor_10_125"></a><a href="#Footnote_10_125" class="fnanchor">10</a> and Massachusetts +annually distilled 15,000 hogsheads of molasses into this "chief +manufacture."<a name="FNanchor_11_126" id="FNanchor_11_126"></a><a href="#Footnote_11_126" class="fnanchor">11</a></p> + +<p>Turning now to restrictive measures, we must first note the +measures of the slave-consuming colonies which tended to +limit the trade. These measures, however, came comparatively +late, were enforced with varying degrees of efficiency, and did +not seriously affect the slave-trade before the Revolution. The +moral sentiment of New England put some check upon the +trade. Although in earlier times the most respectable people +took ventures in slave-trading voyages, yet there gradually +arose a moral sentiment which tended to make the business +somewhat disreputable.<a name="FNanchor_12_127" id="FNanchor_12_127"></a><a href="#Footnote_12_127" class="fnanchor">12</a> In the line, however, of definite legal +enactments to stop New England citizens from carrying slaves +from Africa to any place in the world, there were, before the +Revolution, none. Indeed, not until the years 1787–1788 was +slave-trading in itself an indictable offence in any New England +State.</p> + +<p>The particular situation in each colony, and the efforts to +restrict the small importing slave-trade of New England, can +best be studied in a separate view of each community.</p> + + +<p>18. <b>Restrictions in New Hampshire.</b> The statistics of slavery +in New Hampshire show how weak an institution it always was +in that colony.<a name="FNanchor_13_128" id="FNanchor_13_128"></a><a href="#Footnote_13_128" class="fnanchor">13</a> Consequently, when the usual instructions +were sent to Governor Wentworth as to the encouragement he +must give to the slave-trade, the House replied: "We have considered +his Maj<sup>ties</sup> Instruction relating to an Impost on Negroes +& Felons, to which this House answers, that there never was +any duties laid on either, by this Goverm<sup>t</sup>, and so few bro't in +<!-- Page 37 --><a name="Page_37" id="Page_37"></a><span class="pagenum">37</span>that it would not be worth the Publick notice, so as to make an +act concerning them."<a name="FNanchor_14_129" id="FNanchor_14_129"></a><a href="#Footnote_14_129" class="fnanchor">14</a> This remained true for the whole +history of the colony. Importation was never stopped by actual +enactment, but was eventually declared contrary to the Constitution +of 1784.<a name="FNanchor_15_130" id="FNanchor_15_130"></a><a href="#Footnote_15_130" class="fnanchor">15</a> The participation of citizens in the trade +appears never to have been forbidden.</p> + + +<p>19. <b>Restrictions in Massachusetts.</b> The early Biblical codes +of Massachusetts confined slavery to "lawfull Captives taken +in iust warres, & such strangers as willingly selle themselves +or are sold to us."<a name="FNanchor_16_131" id="FNanchor_16_131"></a><a href="#Footnote_16_131" class="fnanchor">16</a> The stern Puritanism of early days endeavored +to carry this out literally, and consequently when a +certain Captain Smith, about 1640, attacked an African village +and brought some of the unoffending natives home, he was +promptly arrested. Eventually, the General Court ordered the +Negroes sent home at the colony's expense, "conceiving +themselues bound by y<sup>e</sup> first oportunity to bear witnes against +y<sup>e</sup> haynos & crying sinn of manstealing, as also to P'scribe +such timely redresse for what is past, & such a law for y<sup>e</sup> +future as may sufficiently deterr all oth<sup>r</sup>s belonging to us to +have to do in such vile & most odious courses, iustly abhored +of all good & iust men."<a name="FNanchor_17_132" id="FNanchor_17_132"></a><a href="#Footnote_17_132" class="fnanchor">17</a></p> + +<p>The temptation of trade slowly forced the colony from this +high moral ground. New England ships were early found in +the West Indian slave-trade, and the more the carrying trade +developed, the more did the profits of this branch of it attract +Puritan captains. By the beginning of the eighteenth century +the slave-trade was openly recognized as legitimate commerce; +cargoes came regularly to Boston, and "The merchants +of Boston quoted negroes, like any other merchandise demanded +by their correspondents."<a name="FNanchor_18_133" id="FNanchor_18_133"></a><a href="#Footnote_18_133" class="fnanchor">18</a> At the same time, the Puritan +conscience began to rebel against the growth of actual +slavery on New England soil. It was a much less violent +wrenching of moral ideas of right and wrong to allow Mas<!-- Page 38 --><a name="Page_38" id="Page_38"></a><span class="pagenum">38</span>sachusetts +men to carry slaves to South Carolina than to allow +cargoes to come into Boston, and become slaves in Massachusetts. +Early in the eighteenth century, therefore, opposition +arose to the further importation of Negroes, and in 1705 an +act "for the Better Preventing of a Spurious and Mixt Issue," +laid a restrictive duty of £4 on all slaves imported.<a name="FNanchor_19_134" id="FNanchor_19_134"></a><a href="#Footnote_19_134" class="fnanchor">19</a> One provision +of this act plainly illustrates the attitude of Massachusetts: +like the acts of many of the New England colonies, it +allowed a rebate of the whole duty on re-exportation. The +harbors of New England were thus offered as a free exchange-mart +for slavers. All the duty acts of the Southern and Middle +colonies allowed a rebate of one-half or three-fourths of the +duty on the re-exportation of the slave, thus laying a small tax +on even temporary importation.</p> + +<p>The Act of 1705 was evaded, but it was not amended until +1728, when the penalty for evasion was raised to £100.<a name="FNanchor_20_135" id="FNanchor_20_135"></a><a href="#Footnote_20_135" class="fnanchor">20</a> The +act remained in force, except possibly for one period of four +years, until 1749. Meantime the movement against importation +grew. A bill "for preventing the Importation of Slaves +into this Province" was introduced in the Legislature in 1767, +but after strong opposition and disagreement between House +and Council it was dropped.<a name="FNanchor_21_136" id="FNanchor_21_136"></a><a href="#Footnote_21_136" class="fnanchor">21</a> In 1771 the struggle was renewed. +A similar bill passed, but was vetoed by Governor +Hutchinson.<a name="FNanchor_22_137" id="FNanchor_22_137"></a><a href="#Footnote_22_137" class="fnanchor">22</a> The imminent war and the discussions incident +to it had now more and more aroused public opinion, and +there were repeated attempts to gain executive consent to a +prohibitory law. In 1774 such a bill was twice passed, but +never received assent.<a name="FNanchor_23_138" id="FNanchor_23_138"></a><a href="#Footnote_23_138" class="fnanchor">23</a></p><p><!-- Page 39 --><a name="Page_39" id="Page_39"></a><span class="pagenum">39</span></p> + +<p>The new Revolutionary government first met the subject in +the case of two Negroes captured on the high seas, who were +advertised for sale at Salem. A resolution was introduced into +the Legislature, directing the release of the Negroes, and declaring +"That the selling and enslaving the human species is a +direct violation of the natural rights alike vested in all men by +their Creator, and utterly inconsistent with the avowed principles +on which this, and the other United States, have carried +their struggle for liberty even to the last appeal." To this the +Council would not consent; and the resolution, as finally +passed, merely forbade the sale or ill-treatment of the Negroes.<a name="FNanchor_24_139" id="FNanchor_24_139"></a><a href="#Footnote_24_139" class="fnanchor">24</a> +Committees on the slavery question were appointed +in 1776 and 1777,<a name="FNanchor_25_140" id="FNanchor_25_140"></a><a href="#Footnote_25_140" class="fnanchor">25</a> and although a letter to Congress on the +matter, and a bill for the abolition of slavery were reported, +no decisive action was taken.</p> + +<p>All such efforts were finally discontinued, as the system was +already practically extinct in Massachusetts and the custom of +importation had nearly ceased. Slavery was eventually declared +by judicial decision to have been abolished.<a name="FNanchor_26_141" id="FNanchor_26_141"></a><a href="#Footnote_26_141" class="fnanchor">26</a> The first +step toward stopping the participation of Massachusetts citizens +in the slave-trade outside the State was taken in 1785, +when a committee of inquiry was appointed by the Legislature.<a name="FNanchor_27_142" id="FNanchor_27_142"></a><a href="#Footnote_27_142" class="fnanchor">27</a> +No act was, however, passed until 1788, when participation +in the trade was prohibited, on pain of £50 forfeit for +every slave and £200 for every ship engaged.<a name="FNanchor_28_143" id="FNanchor_28_143"></a><a href="#Footnote_28_143" class="fnanchor">28</a></p><p><!-- Page 40 --><a name="Page_40" id="Page_40"></a><span class="pagenum">40</span></p> + + +<p>20. <b>Restrictions in Rhode Island.</b> In 1652 Rhode Island +passed a law designed to prohibit life slavery in the colony. It +declared that "Whereas, there is a common course practised +amongst English men to buy negers, to that end they may +have them for service or slaves forever; for the preventinge of +such practices among us, let it be ordered, that no blacke +mankind or white being forced by covenant bond, or otherwise, +to serve any man or his assighnes longer than ten yeares, +or untill they come to bee twentie four yeares of age, if they +bee taken in under fourteen, from the time of their cominge +within the liberties of this Collonie. And at the end or terme +of ten yeares to sett them free, as the manner is with the +English servants. And that man that will not let them goe +free, or shall sell them away elsewhere, to that end that they +may bee enslaved to others for a long time, hee or they shall +forfeit to the Collonie forty pounds."<a name="FNanchor_29_144" id="FNanchor_29_144"></a><a href="#Footnote_29_144" class="fnanchor">29</a></p> + +<p>This law was for a time enforced,<a name="FNanchor_30_145" id="FNanchor_30_145"></a><a href="#Footnote_30_145" class="fnanchor">30</a> but by the beginning of +the eighteenth century it had either been repealed or become +a dead letter; for the Act of 1708 recognized perpetual slavery, +and laid an impost of £3 on Negroes imported.<a name="FNanchor_31_146" id="FNanchor_31_146"></a><a href="#Footnote_31_146" class="fnanchor">31</a> This duty +was really a tax on the transport trade, and produced a steady +<!-- Page 41 --><a name="Page_41" id="Page_41"></a><span class="pagenum">41</span>income for twenty years.<a name="FNanchor_32_147" id="FNanchor_32_147"></a><a href="#Footnote_32_147" class="fnanchor">32</a> From the year 1700 on, the citizens +of this State engaged more and more in the carrying trade, +until Rhode Island became the greatest slave-trader in America. +Although she did not import many slaves for her own +use, she became the clearing-house for the trade of other colonies. +Governor Cranston, as early as 1708, reported that between +1698 and 1708 one hundred and three vessels were built +in the State, all of which were trading to the West Indies and +the Southern colonies.<a name="FNanchor_33_148" id="FNanchor_33_148"></a><a href="#Footnote_33_148" class="fnanchor">33</a> They took out lumber and brought +back molasses, in most cases making a slave voyage in between. +From this, the trade grew. Samuel Hopkins, about +1770, was shocked at the state of the trade: more than thirty +distilleries were running in the colony, and one hundred and +fifty vessels were in the slave-trade.<a name="FNanchor_34_149" id="FNanchor_34_149"></a><a href="#Footnote_34_149" class="fnanchor">34</a> "Rhode Island," said he, +"has been more deeply interested in the slave-trade, and has +enslaved more Africans than any other colony in New England." +Later, in 1787, he wrote: "The inhabitants of Rhode +Island, especially those of Newport, have had by far the +greater share in this traffic, of all these United States. This +trade in human species has been the first wheel of commerce +in Newport, on which every other movement in business has +chiefly depended. That town has been built up, and flourished +in times past, at the expense of the blood, the liberty, and +happiness of the poor Africans; and the inhabitants have lived +on this, and by it have gotten most of their wealth and +riches."<a name="FNanchor_35_150" id="FNanchor_35_150"></a><a href="#Footnote_35_150" class="fnanchor">35</a></p> + +<p>The Act of 1708 was poorly enforced. The "good intentions" +of its framers "were wholly frustrated" by the clandestine +"hiding and conveying said negroes out of the town +[Newport] into the country, where they lie concealed."<a name="FNanchor_36_151" id="FNanchor_36_151"></a><a href="#Footnote_36_151" class="fnanchor">36</a> The +act was accordingly strengthened by the Acts of 1712 and 1715, +and made to apply to importations by land as well as by sea.<a name="FNanchor_37_152" id="FNanchor_37_152"></a><a href="#Footnote_37_152" class="fnanchor">37</a> +The Act of 1715, however, favored the trade by admitting<!-- Page 42 --><a name="Page_42" id="Page_42"></a><span class="pagenum">42</span> +African Negroes free of duty. The chaotic state of Rhode Island +did not allow England often to review her legislation; +but as soon as the Act of 1712 came to notice it was disallowed, +and accordingly repealed in 1732.<a name="FNanchor_38_153" id="FNanchor_38_153"></a><a href="#Footnote_38_153" class="fnanchor">38</a> Whether the Act of +1715 remained, or whether any other duty act was passed, is +not clear.</p> + +<p>While the foreign trade was flourishing, the influence of +the Friends and of other causes eventually led to a movement +against slavery as a local institution. Abolition societies +multiplied, and in 1770 an abolition bill was ordered by the +Assembly, but it was never passed.<a name="FNanchor_39_154" id="FNanchor_39_154"></a><a href="#Footnote_39_154" class="fnanchor">39</a> Four years later the city +of Providence resolved that "as personal liberty is an essential +part of the natural rights of mankind," the importation +of slaves and the system of slavery should cease in the colony.<a name="FNanchor_40_155" id="FNanchor_40_155"></a><a href="#Footnote_40_155" class="fnanchor">40</a> +This movement finally resulted, in 1774, in an act "prohibiting +the importation of Negroes into this Colony,"—a +law which curiously illustrated the attitude of Rhode Island +toward the slave-trade. The preamble of the act declared: +"Whereas, the inhabitants of America are generally engaged +in the preservation of their own rights and liberties, among +which, that of personal freedom must be considered as the +greatest; as those who are desirous of enjoying all the advantages +of liberty themselves, should be willing to extend personal +liberty to others;—Therefore," etc. The statute then +proceeded to enact "that for the future, no negro or mulatto +slave shall be brought into this colony; and in case any slave +shall hereafter be brought in, he or she shall be, and are +hereby, rendered immediately free...." The logical ending +of such an act would have been a clause prohibiting the participation +of Rhode Island citizens in the slave-trade. Not +only was such a clause omitted, but the following was inserted +instead: "Provided, also, that nothing in this act shall +extend, or be deemed to extend, to any negro or mulatto +slave brought from the coast of Africa, into the West Indies, +<!-- Page 43 --><a name="Page_43" id="Page_43"></a><span class="pagenum">43</span>on board any vessel belonging to this colony, and which negro +or mulatto slave could not be disposed of in the West +Indies, but shall be brought into this colony. Provided, that +the owner of such negro or mulatto slave give bond ... +that such negro or mulatto slave shall be exported out of the +colony, within one year from the date of such bond; if such +negro or mulatto be alive, and in a condition to be removed."<a name="FNanchor_41_156" id="FNanchor_41_156"></a><a href="#Footnote_41_156" class="fnanchor">41</a></p> + +<p>In 1779 an act to prevent the sale of slaves out of the State +was passed,<a name="FNanchor_42_157" id="FNanchor_42_157"></a><a href="#Footnote_42_157" class="fnanchor">42</a> and in 1784, an act gradually to abolish slavery.<a name="FNanchor_43_158" id="FNanchor_43_158"></a><a href="#Footnote_43_158" class="fnanchor">43</a> +Not until 1787 did an act pass to forbid participation in the +slave-trade. This law laid a penalty of £100 for every slave +transported and £1000 for every vessel so engaged.<a name="FNanchor_44_159" id="FNanchor_44_159"></a><a href="#Footnote_44_159" class="fnanchor">44</a></p> + + +<p>21. <b>Restrictions in Connecticut.</b> Connecticut, in common +with the other colonies of this section, had a trade for many +years with the West Indian slave markets; and though this +trade was much smaller than that of the neighboring colonies, +yet many of her citizens were engaged in it. A map of +Middletown at the time of the Revolution gives, among one +hundred families, three slave captains and "three notables" +designated as "slave-dealers."<a name="FNanchor_45_160" id="FNanchor_45_160"></a><a href="#Footnote_45_160" class="fnanchor">45</a></p> + +<p>The actual importation was small,<a name="FNanchor_46_161" id="FNanchor_46_161"></a><a href="#Footnote_46_161" class="fnanchor">46</a> and almost entirely un<!-- Page 44 --><a name="Page_44" id="Page_44"></a><span class="pagenum">44</span>restricted +before the Revolution, save by a few light, general +duty acts. In 1774 the further importation of slaves was prohibited, +because "the increase of slaves in this Colony is injurious +to the poor and inconvenient." The law prohibited +importation under any pretext by a penalty of £100 per slave.<a name="FNanchor_47_162" id="FNanchor_47_162"></a><a href="#Footnote_47_162" class="fnanchor">47</a> +This was re-enacted in 1784, and provisions were made for the +abolition of slavery.<a name="FNanchor_48_163" id="FNanchor_48_163"></a><a href="#Footnote_48_163" class="fnanchor">48</a> In 1788 participation in the trade was +forbidden, and the penalty placed at £50 for each slave and +£500 for each ship engaged.<a name="FNanchor_49_164" id="FNanchor_49_164"></a><a href="#Footnote_49_164" class="fnanchor">49</a></p> + + +<p>22. <b>General Character of these Restrictions.</b> Enough has +already been said to show, in the main, the character of the opposition +to the slave-trade in New England. The system of slavery +had, on this soil and amid these surroundings, no economic +justification, and the small number of Negroes here furnished +no political arguments against them. The opposition to the importation +was therefore from the first based solely on moral +grounds, with some social arguments. As to the carrying trade, +however, the case was different. Here, too, a feeble moral opposition +was early aroused, but it was swept away by the immense +economic advantages of the slave traffic to a thrifty +seafaring community of traders. This trade no moral suasion, +not even the strong "Liberty" cry of the Revolution, was able +wholly to suppress, until the closing of the West Indian and +Southern markets cut off the demand for slaves.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_116" id="Footnote_1_116"></a><a href="#FNanchor_1_116"><span class="label">1</span></a> Cf. Weeden, <i>Economic and Social History of New England</i>, II. 449–72; +G.H. Moore, <i>Slavery in Massachusetts</i>; Charles Deane, <i>Connection of Massachusetts +with Slavery</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_2_117" id="Footnote_2_117"></a><a href="#FNanchor_2_117"><span class="label">2</span></a> Cf. <i>American Historical Record</i>, I. 311, 338.</p></div> + +<div class="footnote"><p><a name="Footnote_3_118" id="Footnote_3_118"></a><a href="#FNanchor_3_118"><span class="label">3</span></a> Cf. W.C. Fowler, <i>Local Law in Massachusetts and Connecticut</i>, etc., pp. +122–6.</p></div> + +<div class="footnote"><p><a name="Footnote_4_119" id="Footnote_4_119"></a><a href="#FNanchor_4_119"><span class="label">4</span></a> <i>Ibid.</i>, p. 124.</p></div> + +<div class="footnote"><p><a name="Footnote_5_120" id="Footnote_5_120"></a><a href="#FNanchor_5_120"><span class="label">5</span></a> Deane, <i>Letters and Documents relating to Slavery in Massachusetts</i>, in <i>Mass. +Hist. Soc. Coll.</i>, 5th Ser., III. 392.</p></div> + +<div class="footnote"><p><a name="Footnote_6_121" id="Footnote_6_121"></a><a href="#FNanchor_6_121"><span class="label">6</span></a> <i>Ibid.</i>, III. 382.</p></div> + +<div class="footnote"><p><a name="Footnote_7_122" id="Footnote_7_122"></a><a href="#FNanchor_7_122"><span class="label">7</span></a> Weeden, <i>Economic and Social History of New England</i>, II. 454.</p></div> + +<div class="footnote"><p><a name="Footnote_8_123" id="Footnote_8_123"></a><a href="#FNanchor_8_123"><span class="label">8</span></a> A typical voyage is that of the brigantine "Sanderson" of Newport. She +was fitted out in March, 1752, and carried, beside the captain, two mates and +six men, and a cargo of 8,220 gallons of rum, together with "African" iron, +flour, pots, tar, sugar, and provisions, shackles, shirts, and water. Proceeding +to Africa, the captain after some difficulty sold his cargo for slaves, and in +April, 1753, he is expected in Barbadoes, as the consignees write. They also +state that slaves are selling at £33 to £56 per head in lots. After a stormy and +dangerous voyage, Captain Lindsay arrived, June 17, 1753, with fifty-six slaves, +"all in helth & fatt." He also had 40 oz. of gold dust, and 8 or 9 cwt. of +pepper. The net proceeds of the sale of all this was £1,324 3<i>d.</i> The captain +then took on board 55 hhd. of molasses and 3 hhd. 27 bbl. of sugar, amounting +to £911 77<i>s.</i> 2½<i>d.</i>, received bills on Liverpool for the balance, and returned +in safety to Rhode Island. He had done so well that he was +immediately given a new ship and sent to Africa again. <i>American Historical +Record</i>, I. 315–9, 338–42.</p></div> + +<div class="footnote"><p><a name="Footnote_9_124" id="Footnote_9_124"></a><a href="#FNanchor_9_124"><span class="label">9</span></a> <i>Ibid.</i>, I. 316.</p></div> + +<div class="footnote"><p><a name="Footnote_10_125" id="Footnote_10_125"></a><a href="#FNanchor_10_125"><span class="label">10</span></a> <i>American Historical Record</i>, I. 317.</p></div> + +<div class="footnote"><p><a name="Footnote_11_126" id="Footnote_11_126"></a><a href="#FNanchor_11_126"><span class="label">11</span></a> <i>Ibid.</i>, I. 344; cf. Weeden, <i>Economic and Social History of New England</i>, II. +459.</p></div> + +<div class="footnote"><p><a name="Footnote_12_127" id="Footnote_12_127"></a><a href="#FNanchor_12_127"><span class="label">12</span></a> Cf. <i>New England Register</i>, XXXI. 75–6, letter of John Saffin <i>et al.</i> to Welstead. +Cf. also Sewall, <i>Protest</i>, etc.</p></div> + +<div class="footnote"><p><a name="Footnote_13_128" id="Footnote_13_128"></a><a href="#FNanchor_13_128"><span class="label">13</span></a> The number of slaves in New Hampshire has been estimated as follows: +</p> +<table summary=""> +<tr><td>In</td><td align="right">1730,</td><td align="right">200.</td><td align="left"><i>N.H. Hist. Soc. Coll.</i>, I. 229.</td></tr> +<tr><td align="center">"</td><td align="right">1767,</td><td align="right">633.</td><td align="left"><i>Granite Monthly</i>, IV. 108.</td></tr> +<tr><td align="center">"</td><td align="right">1773,</td><td align="right">681.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="right">1773,</td><td align="right">674.</td><td align="left"><i>N.H. Province Papers</i>, X. 636.</td></tr> +<tr><td align="center">"</td><td align="right">1775,</td><td align="right">479.</td><td align="left"><i>Granite Monthly</i>, IV. 108.</td></tr> +<tr><td align="center">"</td><td align="right">1790,</td><td align="right">158.</td><td align="left"><i>Ibid.</i></td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_14_129" id="Footnote_14_129"></a><a href="#FNanchor_14_129"><span class="label">14</span></a> <i>N.H. Province Papers</i>, IV. 617.</p></div> + +<div class="footnote"><p><a name="Footnote_15_130" id="Footnote_15_130"></a><a href="#FNanchor_15_130"><span class="label">15</span></a> <i>Granite Monthly</i>, VI. 377; Poore, <i>Federal and State Constitutions</i>, pp. +1280–1.</p></div> + +<div class="footnote"><p><a name="Footnote_16_131" id="Footnote_16_131"></a><a href="#FNanchor_16_131"><span class="label">16</span></a> Cf. <i>The Body of Liberties</i>, § 91, in Whitmore, <i>Bibliographical Sketch of the +Laws of the Massachusetts Colony</i>, published at Boston in 1890.</p></div> + +<div class="footnote"><p><a name="Footnote_17_132" id="Footnote_17_132"></a><a href="#FNanchor_17_132"><span class="label">17</span></a> <i>Mass. Col. Rec.</i>, II. 168, 176; III. 46, 49, 84.</p></div> + +<div class="footnote"><p><a name="Footnote_18_133" id="Footnote_18_133"></a><a href="#FNanchor_18_133"><span class="label">18</span></a> Weeden, <i>Economic and Social History of New England</i>, II. 456.</p></div> + +<div class="footnote"><p><a name="Footnote_19_134" id="Footnote_19_134"></a><a href="#FNanchor_19_134"><span class="label">19</span></a> <i>Mass. Province Laws, 1705–6</i>, ch. 10.</p></div> + +<div class="footnote"><p><a name="Footnote_20_135" id="Footnote_20_135"></a><a href="#FNanchor_20_135"><span class="label">20</span></a> <i>Ibid.</i>, <i>1728–9</i>, ch. 16; <i>1738–9</i>, ch. 27.</p></div> + +<div class="footnote"><p><a name="Footnote_21_136" id="Footnote_21_136"></a><a href="#FNanchor_21_136"><span class="label">21</span></a> For petitions of towns, cf. Felt, <i>Annals of Salem</i> (1849), II. 416; <i>Boston +Town Records, 1758–69</i>, p. 183. Cf. also Otis's anti-slavery speech in 1761; John +Adams, <i>Works</i>, X. 315. For proceedings, see <i>House Journal</i>, 1767, pp. 353, 358, +387, 390, 393, 408, 409–10, 411, 420. Cf. Samuel Dexter's answer to Dr. Belknap's +inquiry, Feb. 23, 1795, in Deane (<i>Mass. Hist. Soc. Coll.</i>, 5th Ser., III. +385). A committee on slave importation was appointed in 1764. Cf. <i>House +Journal</i>, 1763–64, p. 170.</p></div> + +<div class="footnote"><p><a name="Footnote_22_137" id="Footnote_22_137"></a><a href="#FNanchor_22_137"><span class="label">22</span></a> <i>House Journal</i>, 1771, pp. 211, 215, 219, 228, 234, 236, 240, 242–3; Moore, +<i>Slavery in Massachusetts</i>, pp. 131–2.</p></div> + +<div class="footnote"><p><a name="Footnote_23_138" id="Footnote_23_138"></a><a href="#FNanchor_23_138"><span class="label">23</span></a> Felt, <i>Annals of Salem</i> (1849), II. 416–7; Swan, <i>Dissuasion to Great Britain</i>, +etc. (1773), p. x; Washburn, <i>Historical Sketches of Leicester, Mass.</i>, pp. 442–3; +Freeman, <i>History of Cape Cod</i>, II. 114; Deane, in <i>Mass. Hist. Soc. Coll.</i>, 5th +Ser., III. 432; Moore, <i>Slavery in Massachusetts</i>, pp. 135–40; Williams, <i>History +of the Negro Race in America</i>, I. 234–6; <i>House Journal</i>, March, 1774, pp. 224, +226, 237, etc.; June, 1774, pp. 27, 41, etc. For a copy of the bill, see Moore.</p></div> + +<div class="footnote"><p><a name="Footnote_24_139" id="Footnote_24_139"></a><a href="#FNanchor_24_139"><span class="label">24</span></a> <i>Mass. Hist. Soc. Proceedings, 1855–58</i>, p. 196; Force, <i>American Archives</i>, 5th +Ser., II. 769; <i>House Journal</i>, 1776, pp. 105–9; <i>General Court Records</i>, March +13, 1776, etc., pp. 581–9; Moore, <i>Slavery in Massachusetts</i>, pp. 149–54. Cf. +Moore, pp. 163–76.</p></div> + +<div class="footnote"><p><a name="Footnote_25_140" id="Footnote_25_140"></a><a href="#FNanchor_25_140"><span class="label">25</span></a> Moore, <i>Slavery in Massachusetts</i>, pp. 148–9, 181–5.</p></div> + +<div class="footnote"><p><a name="Footnote_26_141" id="Footnote_26_141"></a><a href="#FNanchor_26_141"><span class="label">26</span></a> Washburn, <i>Extinction of Slavery in Massachusetts</i>; Haynes, <i>Struggle for the +Constitution in Massachusetts</i>; La Rochefoucauld, <i>Travels through the United +States</i>, II. 166.</p></div> + +<div class="footnote"><p><a name="Footnote_27_142" id="Footnote_27_142"></a><a href="#FNanchor_27_142"><span class="label">27</span></a> Moore, <i>Slavery in Massachusetts</i>, p. 225.</p></div> + +<div class="footnote"><p><a name="Footnote_28_143" id="Footnote_28_143"></a><a href="#FNanchor_28_143"><span class="label">28</span></a> <i>Perpetual Laws of Massachusetts, 1780–89</i>, p. 235. The number of slaves in +Massachusetts has been estimated as follows:— +</p> +<table summary=""> +<tr><td align="center">In</td><td align="left">1676,</td><td align="right">200.</td><td align="left">Randolph's <i>Report</i>, in <i>Hutchinson's Coll. of Papers</i>, p. 485.</td></tr> +<tr><td align="center">"</td><td align="left">1680,</td><td align="right">120.</td><td align="left">Deane, <i>Connection of Mass. with Slavery</i>, p. 28 ff.</td></tr> +<tr><td align="center">"</td><td align="left">1708,</td><td align="right">550.</td><td align="left"><i>Ibid.</i>; Moore, <i>Slavery in Mass.</i>, p. 50.</td></tr> +<tr><td align="center">"</td><td align="left">1720,</td><td align="right">2,000.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1735,</td><td align="right">2,600.</td><td align="left">Deane, <i>Connection of Mass. with Slavery</i>, p. 28 ff.</td></tr> +<tr><td align="center">"</td><td align="left">1749,</td><td align="right">3,000.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1754,</td><td align="right">4,489.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1763,</td><td align="right">5,000.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1764–5,</td><td align="right">5,779.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1776,</td><td align="right">5,249.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1784,</td><td align="right">4,377.</td><td align="left">Moore, <i>Slavery in Mass.</i>, p. 51.</td></tr> +<tr><td align="center">"</td><td align="left">1786,</td><td align="right">4,371.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="left">1790,</td><td align="right">6,001.</td><td align="left"><i>Ibid.</i></td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_29_144" id="Footnote_29_144"></a><a href="#FNanchor_29_144"><span class="label">29</span></a> <i>R.I. Col. Rec.</i>, I. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_30_145" id="Footnote_30_145"></a><a href="#FNanchor_30_145"><span class="label">30</span></a> Cf. letter written in 1681: <i>New England Register</i>, XXXI. 75–6. Cf. also +Arnold, <i>History of Rhode Island</i>, I. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_31_146" id="Footnote_31_146"></a><a href="#FNanchor_31_146"><span class="label">31</span></a> The text of this act is lost (<i>Col. Rec.</i>, IV. 34; Arnold, <i>History of Rhode +Island</i>, II. 31). The Acts of Rhode Island were not well preserved, the first +being published in Boston in 1719. Perhaps other whole acts are lost.</p></div> + +<div class="footnote"><p><a name="Footnote_32_147" id="Footnote_32_147"></a><a href="#FNanchor_32_147"><span class="label">32</span></a> E.g., it was expended to pave the streets of Newport, to build bridges, +etc.: <i>R.I. Col. Rec.</i>, IV. 191–3, 225.</p></div> + +<div class="footnote"><p><a name="Footnote_33_148" id="Footnote_33_148"></a><a href="#FNanchor_33_148"><span class="label">33</span></a> <i>Ibid.</i>, IV. 55–60.</p></div> + +<div class="footnote"><p><a name="Footnote_34_149" id="Footnote_34_149"></a><a href="#FNanchor_34_149"><span class="label">34</span></a> Patten, <i>Reminiscences of Samuel Hopkins</i> (1843), p. 80.</p></div> + +<div class="footnote"><p><a name="Footnote_35_150" id="Footnote_35_150"></a><a href="#FNanchor_35_150"><span class="label">35</span></a> Hopkins, <i>Works</i> (1854), II. 615.</p></div> + +<div class="footnote"><p><a name="Footnote_36_151" id="Footnote_36_151"></a><a href="#FNanchor_36_151"><span class="label">36</span></a> Preamble of the Act of 1712.</p></div> + +<div class="footnote"><p><a name="Footnote_37_152" id="Footnote_37_152"></a><a href="#FNanchor_37_152"><span class="label">37</span></a> <i>R.I. Col. Rec.</i>, IV. 131–5, 138, 143, 191–3.</p></div> + +<div class="footnote"><p><a name="Footnote_38_153" id="Footnote_38_153"></a><a href="#FNanchor_38_153"><span class="label">38</span></a> <i>R.I. Col. Rec.</i>, IV. 471.</p></div> + +<div class="footnote"><p><a name="Footnote_39_154" id="Footnote_39_154"></a><a href="#FNanchor_39_154"><span class="label">39</span></a> Arnold, <i>History of Rhode Island</i>, II. 304, 321, 337. For a probable copy of +the bill, see <i>Narragansett Historical Register</i>, II. 299.</p></div> + +<div class="footnote"><p><a name="Footnote_40_155" id="Footnote_40_155"></a><a href="#FNanchor_40_155"><span class="label">40</span></a> A man dying intestate left slaves, who became thus the property of the +city; they were freed, and the town made the above resolve, May 17, 1774, in +town meeting: Staples, <i>Annals of Providence</i> (1843), p. 236.</p></div> + +<div class="footnote"><p><a name="Footnote_41_156" id="Footnote_41_156"></a><a href="#FNanchor_41_156"><span class="label">41</span></a> <i>R.I. Col. Rec.</i>, VII. 251–2.</p></div> + +<div class="footnote"><p><a name="Footnote_42_157" id="Footnote_42_157"></a><a href="#FNanchor_42_157"><span class="label">42</span></a> <i>Bartlett's Index</i>, p. 329; Arnold, <i>History of Rhode Island</i>, II. 444; <i>R.I. Col. +Rec.</i>, VIII. 618.</p></div> + +<div class="footnote"><p><a name="Footnote_43_158" id="Footnote_43_158"></a><a href="#FNanchor_43_158"><span class="label">43</span></a> <i>R.I. Col. Rec.</i>, X. 7–8; Arnold, <i>History of Rhode Island</i>, II. 506.</p></div> + +<div class="footnote"><p><a name="Footnote_44_159" id="Footnote_44_159"></a><a href="#FNanchor_44_159"><span class="label">44</span></a> <i>Bartlett's Index</i>, p. 333; <i>Narragansett Historical Register</i>, II. 298–9. The +number of slaves in Rhode Island has been estimated as follows:— +</p> +<table summary=""> +<tr><td align="center">In</td><td align="right">1708,</td><td align="right">426.</td><td align="left"><i>R.I. Col. Rec.</i>, IV. 59.</td></tr> +<tr><td align="center">"</td><td align="right">1730,</td><td align="right"> 1,648.</td><td align="left"><i>R.I. Hist. Tracts</i>, No. 19, pt. 2, p. 99.</td></tr> +<tr><td align="center">"</td><td align="right">1749,</td><td align="right">3,077.</td><td align="left">Williams, <i>History of the Negro Race in America</i>, I. 281.</td></tr> +<tr><td align="center">"</td><td align="right">1756,</td><td align="right">4,697.</td><td align="left"><i>Ibid.</i></td></tr> +<tr><td align="center">"</td><td align="right">1774,</td><td align="right">3,761.</td><td align="left"><i>R.I. Col. Rec.</i>, VII. 253.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_45_160" id="Footnote_45_160"></a><a href="#FNanchor_45_160"><span class="label">45</span></a> Fowler, <i>Local Law</i>, etc., p. 124.</p></div> + +<div class="footnote"><p><a name="Footnote_46_161" id="Footnote_46_161"></a><a href="#FNanchor_46_161"><span class="label">46</span></a> The number of slaves in Connecticut has been estimated as follows:— +</p> +<table summary=""> +<tr><td align="center">In</td><td align="right">1680,</td><td align="right">30.</td><td align="left"><i>Conn. Col. Rec.</i>, III. 298.</td></tr> +<tr><td align="center">"</td><td align="right">1730,</td><td align="right">700.</td><td align="left">Williams, <i>History of the Negro Race in America</i>, I. 259.</td></tr> +<tr><td align="center">"</td><td align="right">1756,</td><td align="right">3,636.</td><td align="left">Fowler, <i>Local Law</i>, etc., p. 140.</td></tr> +<tr><td align="center">"</td><td align="right">1762,</td><td align="right">4,590.</td><td align="left">Williams, <i>History of the Negro Race in America</i>, I. 260.</td></tr> +<tr><td align="center">"</td><td align="right">1774,</td><td align="right">6,562.</td><td align="left">Fowler, <i>Local Law</i>, etc., p. 140.</td></tr> +<tr><td align="center">"</td><td align="right">1782,</td><td align="right">6,281.</td><td align="left">Fowler, <i>Local Law</i>, etc., p. 140.</td></tr> +<tr><td align="center">"</td><td align="right">1800,</td><td align="right">5,281.</td><td align="left"><i>Ibid.</i>, p. 141.</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_47_162" id="Footnote_47_162"></a><a href="#FNanchor_47_162"><span class="label">47</span></a> <i>Conn. Col. Rec.</i>, XIV 329. Fowler (pp. 125–6) says that the law was passed +in 1769, as does Sanford (p. 252). I find no proof of this. There was in Connecticut +the same Biblical legislation on the trade as in Massachusetts. Cf. +<i>Laws of Connecticut</i> (repr. 1865), p. 9; also <i>Col. Rec.</i>, I. 77. For general duty +acts, see <i>Col. Rec.</i>, V 405; VIII. 22; IX. 283; XIII. 72, 125.</p></div> + +<div class="footnote"><p><a name="Footnote_48_163" id="Footnote_48_163"></a><a href="#FNanchor_48_163"><span class="label">48</span></a> <i>Acts and Laws of Connecticut</i> (ed. 1784), pp. 233–4.</p></div> + +<div class="footnote"><p><a name="Footnote_49_164" id="Footnote_49_164"></a><a href="#FNanchor_49_164"><span class="label">49</span></a> <i>Ibid.</i>, pp. 368, 369, 388.</p></div> +</div> + +<hr /> +<p><!-- Page 45 --><a name="Page_45" id="Page_45"></a><span class="pagenum">45</span></p> + +<h2><a name="Chapter_V" id="Chapter_V"></a><i>Chapter V</i></h2> + +<h3>THE PERIOD OF THE REVOLUTION. 1774–1787.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">23. The Situation in 1774.</td></tr> +<tr><td align="left">24. The Condition of the Slave-Trade.</td></tr> +<tr><td align="left">25. The Slave-Trade and the "Association."</td></tr> +<tr><td align="left">26. The Action of the Colonies.</td></tr> +<tr><td align="left">27. The Action of the Continental Congress.</td></tr> +<tr><td align="left">28. Reception of the Slave-Trade Resolution.</td></tr> +<tr><td align="left">29. Results of the Resolution.</td></tr> +<tr><td align="left">30. The Slave-Trade and Public Opinion after the War.</td></tr> +<tr><td align="left">31. The Action of the Confederation.</td></tr> +</table> + +<p>23. <b>The Situation in 1774.</b> In the individual efforts of the +various colonies to suppress the African slave-trade there may +be traced certain general movements. First, from 1638 to 1664, +there was a tendency to take a high moral stand against the +traffic. This is illustrated in the laws of New England, in the +plans for the settlement of Delaware and, later, that of Georgia, +and in the protest of the German Friends. The second +period, from about 1664 to 1760, has no general unity, but is +marked by statutes laying duties varying in design from encouragement +to absolute prohibition, by some cases of moral +opposition, and by the slow but steady growth of a spirit +unfavorable to the long continuance of the trade. The last +colonial period, from about 1760 to 1787, is one of pronounced +effort to regulate, limit, or totally prohibit the +traffic. Beside these general movements, there are many waves +of legislation, easily distinguishable, which rolled over several +or all of the colonies at various times, such as the series of +high duties following the Assiento, and the acts inspired by +various Negro "plots."</p> + +<p>Notwithstanding this, the laws of the colonies before 1774 +had no national unity, the peculiar circumstances of each colony +determining its legislation. With the outbreak of the Revolution +came unison in action with regard to the slave-trade, +as with regard to other matters, which may justly be called +national. It was, of course, a critical period,—a period when, +in the rapid upheaval of a few years, the complicated and diverse +forces of decades meet, combine, act, and react, until +<!-- Page 46 --><a name="Page_46" id="Page_46"></a><span class="pagenum">46</span>the resultant seems almost the work of chance. In the settlement +of the fate of slavery and the slave-trade, however, the +real crisis came in the calm that succeeded the storm, in that +day when, in the opinion of most men, the question seemed +already settled. And indeed it needed an exceptionally clear +and discerning mind, in 1787, to deny that slavery and the +slave-trade in the United States of America were doomed to +early annihilation. It seemed certainly a legitimate deduction +from the history of the preceding century to conclude that, as +the system had risen, flourished, and fallen in Massachusetts, +New York, and Pennsylvania, and as South Carolina, Virginia, +and Maryland were apparently following in the same +legislative path, the next generation would in all probability +witness the last throes of the system on our soil.</p> + +<p>To be sure, the problem had its uncertain quantities. The +motives of the law-makers in South Carolina and Pennsylvania +were dangerously different; the century of industrial +expansion was slowly dawning and awakening that vast +economic revolution in which American slavery was to play +so prominent and fatal a rôle; and, finally, there were already +in the South faint signs of a changing moral attitude toward +slavery, which would no longer regard the system as a temporary +makeshift, but rather as a permanent though perhaps +unfortunate necessity. With regard to the slave-trade, however, +there appeared to be substantial unity of opinion; and +there were, in 1787, few things to indicate that a cargo of five +hundred African slaves would openly be landed in Georgia in +1860.</p> + + +<p>24. <b>The Condition of the Slave-Trade.</b> In 1760 England, +the chief slave-trading nation, was sending on an average to +Africa 163 ships annually, with a tonnage of 18,000 tons, carrying +exports to the value of £163,818. Only about twenty of +these ships regularly returned to England. Most of them carried +slaves to the West Indies, and returned laden with sugar +and other products. Thus may be formed some idea of the +size and importance of the slave-trade at that time, although +for a complete view we must add to this the trade under the +French, Portuguese, Dutch, and Americans. The trade fell +off somewhat toward 1770, but was flourishing again when +the Revolution brought a sharp and serious check upon it, +<!-- Page 47 --><a name="Page_47" id="Page_47"></a><span class="pagenum">47</span>bringing down the number of English slavers, clearing, from +167 in 1774 to 28 in 1779, and the tonnage from 17,218 to 3,475 +tons. After the war the trade gradually recovered, and by 1786 +had reached nearly its former extent. In 1783 the British West +Indies received 16,208 Negroes from Africa, and by 1787 the +importation had increased to 21,023. In this latter year it was +estimated that the British were taking annually from Africa +38,000 slaves; the French, 20,000; the Portuguese, 10,000; the +Dutch and Danes, 6,000; a total of 74,000. Manchester alone +sent £180,000 annually in goods to Africa in exchange for +Negroes.<a name="FNanchor_1_165" id="FNanchor_1_165"></a><a href="#Footnote_1_165" class="fnanchor">1</a></p> + + +<p>25. <b>The Slave-Trade and the "Association."</b> At the outbreak +of the Revolution six main reasons, some of which were +old and of slow growth, others peculiar to the abnormal situation +of that time, led to concerted action against the slave-trade. +The first reason was the economic failure of slavery in +the Middle and Eastern colonies; this gave rise to the presumption +that like failure awaited the institution in the South. +Secondly, the new philosophy of "Freedom" and the "Rights +of man," which formed the corner-stone of the Revolution, +made the dullest realize that, at the very least, the slave-trade +and a struggle for "liberty" were not consistent. Thirdly, the +old fear of slave insurrections, which had long played so +prominent a part in legislation, now gained new power from +the imminence of war and from the well-founded fear that +the British might incite servile uprisings. Fourthly, nearly all +the American slave markets were, in 1774–1775, overstocked +with slaves, and consequently many of the strongest partisans +of the system were "bulls" on the market, and desired to raise +the value of their slaves by at least a temporary stoppage of +the trade. Fifthly, since the vested interests of the slave-trading +merchants were liable to be swept away by the opening +of hostilities, and since the price of slaves was low,<a name="FNanchor_2_166" id="FNanchor_2_166"></a><a href="#Footnote_2_166" class="fnanchor">2</a> there was +from this quarter little active opposition to a cessation of the +trade for a season. Finally, it was long a favorite belief of the +supporters of the Revolution that, as English exploitation of +<!-- Page 48 --><a name="Page_48" id="Page_48"></a><span class="pagenum">48</span>colonial resources had caused the quarrel, the best weapon to +bring England to terms was the economic expedient of stopping +all commercial intercourse with her. Since, then, the +slave-trade had ever formed an important part of her colonial +traffic, it was one of the first branches of commerce which +occurred to the colonists as especially suited to their ends.<a name="FNanchor_3_167" id="FNanchor_3_167"></a><a href="#Footnote_3_167" class="fnanchor">3</a></p> + +<p>Such were the complicated moral, political, and economic +motives which underlay the first national action against the +slave-trade. This action was taken by the "Association," a +union of the colonies entered into to enforce the policy of +stopping commercial intercourse with England. The movement +was not a great moral protest against an iniquitous +traffic; although it had undoubtedly a strong moral backing, +it was primarily a temporary war measure.</p> + + +<p>26. <b>The Action of the Colonies.</b> The earlier and largely +abortive attempts to form non-intercourse associations generally +did not mention slaves specifically, although the Virginia +House of Burgesses, May 11, 1769, recommended to +merchants and traders, among other things, to agree, "That +they will not import any slaves, or purchase any imported +after the first day of November next, until the said acts are +repealed."<a name="FNanchor_4_168" id="FNanchor_4_168"></a><a href="#Footnote_4_168" class="fnanchor">4</a> Later, in 1774, when a Faneuil Hall meeting +started the first successful national attempt at non-intercourse, +the slave-trade, being at the time especially flourishing, received +more attention. Even then slaves were specifically mentioned +in the resolutions of but three States. Rhode Island +recommended a stoppage of "all trade with Great Britain, Ireland, +Africa and the West Indies."<a name="FNanchor_5_169" id="FNanchor_5_169"></a><a href="#Footnote_5_169" class="fnanchor">5</a> North Carolina, in August, +1774, resolved in convention "That we will not import +any slave or slaves, or purchase any slave or slaves, imported +or brought into this Province by others, from any part of the +world, after the first day of <i>November</i> next."<a name="FNanchor_6_170" id="FNanchor_6_170"></a><a href="#Footnote_6_170" class="fnanchor">6</a> Virginia gave +the slave-trade especial prominence, and was in reality the +<!-- Page 49 --><a name="Page_49" id="Page_49"></a><span class="pagenum">49</span>leading spirit to force her views on the Continental Congress. +The county conventions of that colony first took up the subject. +Fairfax County thought "that during our present difficulties +and distress, no slaves ought to be imported," and +said: "We take this opportunity of declaring our most earnest +wishes to see an entire stop forever put to such a wicked, +cruel, and unnatural trade."<a name="FNanchor_7_171" id="FNanchor_7_171"></a><a href="#Footnote_7_171" class="fnanchor">7</a> Prince George and Nansemond +Counties resolved "That the <i>African</i> trade is injurious to this +Colony, obstructs the population of it by freemen, prevents +manufacturers and other useful emigrants from <i>Europe</i> from +settling amongst us, and occasions an annual increase of the +balance of trade against this Colony."<a name="FNanchor_8_172" id="FNanchor_8_172"></a><a href="#Footnote_8_172" class="fnanchor">8</a> The Virginia colonial +convention, August, 1774, also declared: "We will neither ourselves +import, nor purchase any slave or slaves imported by +any other person, after the first day of <i>November</i> next, either +from <i>Africa</i>, the <i>West Indies</i>, or any other place."<a name="FNanchor_9_173" id="FNanchor_9_173"></a><a href="#Footnote_9_173" class="fnanchor">9</a></p> + +<p>In South Carolina, at the convention July 6, 1774, decided +opposition to the non-importation scheme was manifested, +though how much this was due to the slave-trade interest is +not certain. Many of the delegates wished at least to limit the +powers of their representatives, and the Charleston Chamber +of Commerce flatly opposed the plan of an "Association." +Finally, however, delegates with full powers were sent to +Congress. The arguments leading to this step were not in all +cases on the score of patriotism; a Charleston manifesto argued: +"The planters are greatly in arrears to the merchants; a +stoppage of importation would give them all an opportunity +to extricate themselves from debt. The merchants would have +time to settle their accounts, and be ready with the return of +liberty to renew trade."<a name="FNanchor_10_174" id="FNanchor_10_174"></a><a href="#Footnote_10_174" class="fnanchor">10</a></p> + + +<p>27. <b>The Action of the Continental Congress.</b> The first +Continental Congress met September 5, 1774, and on September +22 recommended merchants to send no more orders for +foreign goods.<a name="FNanchor_11_175" id="FNanchor_11_175"></a><a href="#Footnote_11_175" class="fnanchor">11</a> On September 27 "Mr. Lee made a motion +for a non-importation," and it was unanimously resolved to +<!-- Page 50 --><a name="Page_50" id="Page_50"></a><span class="pagenum">50</span>import no goods from Great Britain after December 1, 1774.<a name="FNanchor_12_176" id="FNanchor_12_176"></a><a href="#Footnote_12_176" class="fnanchor">12</a> +Afterward, Ireland and the West Indies were also included, +and a committee consisting of Low of New York, Mifflin of +Pennsylvania, Lee of Virginia, and Johnson of Connecticut +were appointed "to bring in a Plan for carrying into Effect +the Non-importation, Non-consumption, and Non-exportation +resolved on."<a name="FNanchor_13_177" id="FNanchor_13_177"></a><a href="#Footnote_13_177" class="fnanchor">13</a> The next move was to instruct this committee +to include in the proscribed articles, among other +things, "Molasses, Coffee or Piemento from the <i>British</i> Plantations +or from <i>Dominica</i>,"—a motion which cut deep into +the slave-trade circle of commerce, and aroused some opposition. +"Will, can, the people bear a total interruption of the +West India trade?" asked Low of New York; "Can they live +without rum, sugar, and molasses? Will not this impatience +and vexation defeat the measure?"<a name="FNanchor_14_178" id="FNanchor_14_178"></a><a href="#Footnote_14_178" class="fnanchor">14</a></p> + +<p>The committee finally reported, October 12, 1774, and after +three days' discussion and amendment the proposal passed. +This document, after a recital of grievances, declared that, in +the opinion of the colonists, a non-importation agreement +would best secure redress; goods from Great Britain, Ireland, +the East and West Indies, and Dominica were excluded; and +it was resolved that "We will neither import, nor purchase any +Slave imported after the First Day of <i>December</i> next; after +which Time, we will wholly discontinue the Slave Trade, and +will neither be concerned in it ourselves, nor will we hire our +Vessels, nor sell our Commodities or Manufactures to those +who are concerned in it."<a name="FNanchor_15_179" id="FNanchor_15_179"></a><a href="#Footnote_15_179" class="fnanchor">15</a></p> + +<p>Strong and straightforward as this resolution was, time unfortunately +proved that it meant very little. Two years later, +in this same Congress, a decided opposition was manifested +to branding the slave-trade as inhuman, and it was thirteen +years before South Carolina stopped the slave-trade or Massachusetts +prohibited her citizens from engaging in it. The +passing of so strong a resolution must be explained by the +motives before given, by the character of the drafting com<!-- Page 51 --><a name="Page_51" id="Page_51"></a><span class="pagenum">51</span>mittee, +by the desire of America in this crisis to appear well +before the world, and by the natural moral enthusiasm +aroused by the imminence of a great national struggle.</p> + + +<p>28. <b>Reception of the Slave-Trade Resolution.</b> The unanimity +with which the colonists received this "Association" is +not perhaps as remarkable as the almost entire absence of +comment on the radical slave-trade clause. A Connecticut +town-meeting in December, 1774, noticed "with singular +pleasure ... the second Article of the Association, in which +it is agreed to import no more Negro Slaves."<a name="FNanchor_16_180" id="FNanchor_16_180"></a><a href="#Footnote_16_180" class="fnanchor">16</a> This comment +appears to have been almost the only one. There were in various +places some evidences of disapproval; but only in the +State of Georgia was this widespread and determined, and +based mainly on the slave-trade clause.<a name="FNanchor_17_181" id="FNanchor_17_181"></a><a href="#Footnote_17_181" class="fnanchor">17</a> This opposition delayed +the ratification meeting until January 18, 1775, and then +delegates from but five of the twelve parishes appeared, and +many of these had strong instructions against the approval of +the plan. Before this meeting could act, the governor adjourned +it, on the ground that it did not represent the province. +Some of the delegates signed an agreement, one article +of which promised to stop the importation of slaves March +15, 1775, i.e., four months later than the national "Association" +had directed. This was not, of course, binding on the province; +and although a town like Darien might declare "our +disapprobation and abhorrence of the unnatural practice of +Slavery in <i>America</i>"<a name="FNanchor_18_182" id="FNanchor_18_182"></a><a href="#Footnote_18_182" class="fnanchor">18</a> yet the powerful influence of Savannah +was "not likely soon to give matters a favourable turn. The +importers were mostly against any interruption, and the consumers +very much divided."<a name="FNanchor_19_183" id="FNanchor_19_183"></a><a href="#Footnote_19_183" class="fnanchor">19</a> Thus the efforts of this Assembly +failed, their resolutions being almost unknown, and, as a +gentleman writes, "I hope for the honour of the Province ever +will remain so."<a name="FNanchor_20_184" id="FNanchor_20_184"></a><a href="#Footnote_20_184" class="fnanchor">20</a> The delegates to the Continental Congress +selected by this rump assembly refused to take their seats.<!-- Page 52 --><a name="Page_52" id="Page_52"></a><span class="pagenum">52</span> +Meantime South Carolina stopped trade with Georgia, because +it "hath not acceded to the Continental Association,"<a name="FNanchor_21_185" id="FNanchor_21_185"></a><a href="#Footnote_21_185" class="fnanchor">21</a> +and the single Georgia parish of St. Johns appealed to the +second Continental Congress to except it from the general +boycott of the colony. This county had already resolved not +to "purchase any Slave imported at <i>Savannah</i> (large Numbers +of which we understand are there expected) till the Sense of +Congress shall be made known to us."<a name="FNanchor_22_186" id="FNanchor_22_186"></a><a href="#Footnote_22_186" class="fnanchor">22</a></p> + +<p>May 17, 1775, Congress resolved unanimously "That all exportations +to <i>Quebec</i>, <i>Nova-Scotia</i>, the Island of <i>St. John's</i>, +<i>Newfoundland</i>, <i>Georgia</i>, except the Parish of <i>St. John's</i>, and to +<i>East</i> and <i>West Florida</i>, immediately cease."<a name="FNanchor_23_187" id="FNanchor_23_187"></a><a href="#Footnote_23_187" class="fnanchor">23</a> These measures +brought the refractory colony to terms, and the Provincial +Congress, July 4, 1775, finally adopted the "Association," and +resolved, among other things, "That we will neither import +or purchase any Slave imported from Africa, or elsewhere, +after this day."<a name="FNanchor_24_188" id="FNanchor_24_188"></a><a href="#Footnote_24_188" class="fnanchor">24</a></p> + +<p>The non-importation agreement was in the beginning, at +least, well enforced by the voluntary action of the loosely federated +nation. The slave-trade clause seems in most States to +have been observed with the others. In South Carolina "a +cargo of near three hundred slaves was sent out of the Colony +by the consignee, as being interdicted by the second article of +the Association."<a name="FNanchor_25_189" id="FNanchor_25_189"></a><a href="#Footnote_25_189" class="fnanchor">25</a> In Virginia the vigilance committee of +Norfolk "hold up for your just indignation Mr. <i>John Brown</i>, +Merchant, of this place," who has several times imported +slaves from Jamaica; and he is thus publicly censured "to the +end that all such foes to the rights of <i>British America</i> may be +publickly known ... as the enemies of <i>American</i> Liberty, +and that every person may henceforth break off all dealings +with him."<a name="FNanchor_26_190" id="FNanchor_26_190"></a><a href="#Footnote_26_190" class="fnanchor">26</a></p> + + +<p>29. <b>Results of the Resolution.</b> The strain of war at last +proved too much for this voluntary blockade, and after some +<!-- Page 53 --><a name="Page_53" id="Page_53"></a><span class="pagenum">53</span>hesitancy Congress, April 3, 1776, resolved to allow the importation +of articles not the growth or manufacture of Great +Britain, except tea. They also voted "That no slaves be imported +into any of the thirteen United Colonies."<a name="FNanchor_27_191" id="FNanchor_27_191"></a><a href="#Footnote_27_191" class="fnanchor">27</a> This marks +a noticeable change of attitude from the strong words of two +years previous: the former was a definitive promise; this is a +temporary resolve, which probably represented public opinion +much better than the former. On the whole, the conclusion +is inevitably forced on the student of this first national +movement against the slave-trade, that its influence on the +trade was but temporary and insignificant, and that at the end +of the experiment the outlook for the final suppression of the +trade was little brighter than before. The whole movement +served as a sort of social test of the power and importance of +the slave-trade, which proved to be far more powerful than +the platitudes of many of the Revolutionists had assumed.</p> + +<p>The effect of the movement on the slave-trade in general +was to begin, possibly a little earlier than otherwise would +have been the case, that temporary breaking up of the trade +which the war naturally caused. "There was a time, during +the late war," says Clarkson, "when the slave trade may be +considered as having been nearly abolished."<a name="FNanchor_28_192" id="FNanchor_28_192"></a><a href="#Footnote_28_192" class="fnanchor">28</a> The prices of +slaves rose correspondingly high, so that smugglers made fortunes.<a name="FNanchor_29_193" id="FNanchor_29_193"></a><a href="#Footnote_29_193" class="fnanchor">29</a> +It is stated that in the years 1772–1778 slave merchants +of Liverpool failed for the sum of £710,000.<a name="FNanchor_30_194" id="FNanchor_30_194"></a><a href="#Footnote_30_194" class="fnanchor">30</a> All this, of +course, might have resulted from the war, without the "Association;" +but in the long run the "Association" aided in +frustrating the very designs which the framers of the first resolve +had in mind; for the temporary stoppage in the end +created an extraordinary demand for slaves, and led to a slave-trade +after the war nearly as large as that before.</p> + + +<p>30. <b>The Slave-Trade and Public Opinion after the War.</b> +The Declaration of Independence showed a significant drift +of public opinion from the firm stand taken in the "Association" +resolutions. The clique of political philosophers to +which Jefferson belonged never imagined the continued exis<!-- Page 54 --><a name="Page_54" id="Page_54"></a><span class="pagenum">54</span>tence +of the country with slavery. It is well known that the +first draft of the Declaration contained a severe arraignment +of Great Britain as the real promoter of slavery and the slave-trade +in America. In it the king was charged with waging +"cruel war against human nature itself, violating its most sacred +rights of life and liberty in the persons of a distant people +who never offended him, captivating and carrying them +into slavery in another hemisphere, or to incur miserable +death in their transportation thither. This piratical warfare, +the opprobrium of <i>infidel</i> powers, is the warfare of the <i>Christian</i> +king of Great Britain. Determined to keep open a market +where <i>men</i> should be bought and sold, he has prostituted his +negative for suppressing every legislative attempt to prohibit +or to restrain this execrable commerce. And that this assemblage +of horrors might want no fact of distinguished die, he +is now exciting those very people to rise in arms among us, +and to purchase that liberty of which he has deprived them, +by murdering the people on whom he also obtruded them: +thus paying off former crimes committed against the <i>liberties</i> +of one people with crimes which he urges them to commit +against the <i>lives</i> of another."<a name="FNanchor_31_195" id="FNanchor_31_195"></a><a href="#Footnote_31_195" class="fnanchor">31</a></p> + +<p>To this radical and not strictly truthful statement, even the +large influence of the Virginia leaders could not gain the assent +of the delegates in Congress. The afflatus of 1774 was +rapidly subsiding, and changing economic conditions had already +led many to look forward to a day when the slave-trade +could successfully be reopened. More important than this, the +nation as a whole was even less inclined now than in 1774 to +denounce the slave-trade uncompromisingly. Jefferson himself +says that this clause "was struck out in complaisance to South +Carolina and Georgia, who had never attempted to restrain +the importation of slaves, and who, on the contrary, still +wished to continue it. Our northern brethren also, I believe," +said he, "felt a little tender under those censures; for though +their people had very few slaves themselves, yet they had been +pretty considerable carriers of them to others."<a name="FNanchor_32_196" id="FNanchor_32_196"></a><a href="#Footnote_32_196" class="fnanchor">32</a></p> + +<p>As the war slowly dragged itself to a close, it became in<!-- Page 55 --><a name="Page_55" id="Page_55"></a><span class="pagenum">55</span>creasingly +evident that a firm moral stand against slavery and +the slave-trade was not a probability. The reaction which naturally +follows a period of prolonged and exhausting strife for +high political principles now set in. The economic forces of +the country, which had suffered most, sought to recover and +rearrange themselves; and all the selfish motives that impelled +a bankrupt nation to seek to gain its daily bread did not long +hesitate to demand a reopening of the profitable African +slave-trade. This demand was especially urgent from the fact +that the slaves, by pillage, flight, and actual fighting, had become +so reduced in numbers during the war that an urgent +demand for more laborers was felt in the South.</p> + +<p>Nevertheless, the revival of the trade was naturally a matter +of some difficulty, as the West India circuit had been cut off, +leaving no resort except to contraband traffic and the direct +African trade. The English slave-trade after the peace "returned +to its former state," and was by 1784 sending 20,000 +slaves annually to the West Indies.<a name="FNanchor_33_197" id="FNanchor_33_197"></a><a href="#Footnote_33_197" class="fnanchor">33</a> Just how large the trade +to the continent was at this time there are few means of ascertaining; +it is certain that there was a general reopening of +the trade in the Carolinas and Georgia, and that the New +England traders participated in it. This traffic undoubtedly +reached considerable proportions; and through the direct +African trade and the illicit West India trade many thousands +of Negroes came into the United States during the +years 1783–1787.<a name="FNanchor_34_198" id="FNanchor_34_198"></a><a href="#Footnote_34_198" class="fnanchor">34</a></p> + +<p>Meantime there was slowly arising a significant divergence +of opinion on the subject. Probably the whole country still +regarded both slavery and the slave-trade as temporary; but +the Middle States expected to see the abolition of both within +a generation, while the South scarcely thought it probable to +prohibit even the slave-trade in that short time. Such a difference +might, in all probability, have been satisfactorily adjusted, +if both parties had recognized the real gravity of the +matter. As it was, both regarded it as a problem of secondary +importance, to be solved after many other more pressing ones +<!-- Page 56 --><a name="Page_56" id="Page_56"></a><span class="pagenum">56</span>had been disposed of. The anti-slavery men had seen slavery +die in their own communities, and expected it to die the same +way in others, with as little active effort on their own part. +The Southern planters, born and reared in a slave system, +thought that some day the system might change, and possibly +disappear; but active effort to this end on their part was ever +farthest from their thoughts. Here, then, began that fatal policy +toward slavery and the slave-trade that characterized the +nation for three-quarters of a century, the policy of <i>laissez-faire, +laissez-passer</i>.</p> + + +<p>31. <b>The Action of the Confederation.</b> The slave-trade was +hardly touched upon in the Congress of the Confederation, +except in the ordinance respecting the capture of slaves, and +on the occasion of the Quaker petition against the trade, although, +during the debate on the Articles of Confederation, +the counting of slaves as well as of freemen in the apportionment +of taxes was urged as a measure that would check further +importation of Negroes. "It is our duty," said Wilson of +Pennsylvania, "to lay every discouragement on the importation +of slaves; but this amendment [i.e., to count two slaves +as one freeman] would give the <i>jus trium liberorum</i> to him +who would import slaves."<a name="FNanchor_35_199" id="FNanchor_35_199"></a><a href="#Footnote_35_199" class="fnanchor">35</a> The matter was finally compromised +by apportioning requisitions according to the value of +land and buildings.</p> + +<p>After the Articles went into operation, an ordinance in regard +to the recapture of fugitive slaves provided that, if the +capture was made on the sea below high-water mark, and the +Negro was not claimed, he should be freed. Matthews of +South Carolina demanded the yeas and nays on this proposition, +with the result that only the vote of his State was recorded +against it.<a name="FNanchor_36_200" id="FNanchor_36_200"></a><a href="#Footnote_36_200" class="fnanchor">36</a></p> + +<p>On Tuesday, October 3, 1783, a deputation from the Yearly +Meeting of the Pennsylvania, New Jersey, and Delaware +Friends asked leave to present a petition. Leave was granted +the following day,<a name="FNanchor_37_201" id="FNanchor_37_201"></a><a href="#Footnote_37_201" class="fnanchor">37</a> but no further minute appears. According +to the report of the Friends, the petition was against the +<!-- Page 57 --><a name="Page_57" id="Page_57"></a><span class="pagenum">57</span>slave-trade; and "though the Christian rectitude of the concern +was by the Delegates generally acknowledged, yet not +being vested with the powers of legislation, they declined +promoting any public remedy against the gross national iniquity +of trafficking in the persons of fellow-men."<a name="FNanchor_38_202" id="FNanchor_38_202"></a><a href="#Footnote_38_202" class="fnanchor">38</a></p> + +<p>The only legislative activity in regard to the trade during +the Confederation was taken by the individual States.<a name="FNanchor_39_203" id="FNanchor_39_203"></a><a href="#Footnote_39_203" class="fnanchor">39</a> Before +1778 Connecticut, Vermont, Pennsylvania, Delaware, and Virginia +had by law stopped the further importation of slaves, +and importation had practically ceased in all the New England +and Middle States, including Maryland. In consequence +of the revival of the slave-trade after the War, there was then +a lull in State activity until 1786, when North Carolina laid a +prohibitive duty, and South Carolina, a year later, began her +series of temporary prohibitions. In 1787–1788 the New England +States forbade the participation of their citizens in the +traffic. It was this wave of legislation against the traffic which +did so much to blind the nation as to the strong hold which +slavery still had on the country.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_165" id="Footnote_1_165"></a><a href="#FNanchor_1_165"><span class="label">1</span></a> These figures are from the <i>Report of the Lords of the Committee of Council</i>, +etc. (London, 1789).</p></div> + +<div class="footnote"><p><a name="Footnote_2_166" id="Footnote_2_166"></a><a href="#FNanchor_2_166"><span class="label">2</span></a> Sheffield, <i>Observations on American Commerce</i>, p. 28; P.L. Ford, <i>The Association +of the First Congress</i>, in <i>Political Science Quarterly</i>, VI. 615–7.</p></div> + +<div class="footnote"><p><a name="Footnote_3_167" id="Footnote_3_167"></a><a href="#FNanchor_3_167"><span class="label">3</span></a> Cf., e.g., Arthur Lee's letter to R.H. Lee, March 18, 1774, in which non-intercourse +is declared "the only advisable and sure mode of defence": Force, +<i>American Archives</i>, 4th Ser., I. 229. Cf. also <i>Ibid.</i>, p. 240; Ford, in <i>Political +Science Quarterly</i>, VI. 614–5.</p></div> + +<div class="footnote"><p><a name="Footnote_4_168" id="Footnote_4_168"></a><a href="#FNanchor_4_168"><span class="label">4</span></a> Goodloe, <i>Birth of the Republic</i>, p. 260.</p></div> + +<div class="footnote"><p><a name="Footnote_5_169" id="Footnote_5_169"></a><a href="#FNanchor_5_169"><span class="label">5</span></a> Staples, <i>Annals of Providence</i> (1843), p. 235.</p></div> + +<div class="footnote"><p><a name="Footnote_6_170" id="Footnote_6_170"></a><a href="#FNanchor_6_170"><span class="label">6</span></a> Force, <i>American Archives</i>, 4th Ser., I. 735. This was probably copied from +the Virginia resolve.</p></div> + +<div class="footnote"><p><a name="Footnote_7_171" id="Footnote_7_171"></a><a href="#FNanchor_7_171"><span class="label">7</span></a> Force, <i>American Archives</i>, 4th Ser., I. 600.</p></div> + +<div class="footnote"><p><a name="Footnote_8_172" id="Footnote_8_172"></a><a href="#FNanchor_8_172"><span class="label">8</span></a> <i>Ibid.</i>, I. 494, 530. Cf. pp. 523, 616, 641, etc.</p></div> + +<div class="footnote"><p><a name="Footnote_9_173" id="Footnote_9_173"></a><a href="#FNanchor_9_173"><span class="label">9</span></a> <i>Ibid.</i>, I. 687.</p></div> + +<div class="footnote"><p><a name="Footnote_10_174" id="Footnote_10_174"></a><a href="#FNanchor_10_174"><span class="label">10</span></a> <i>Ibid.</i>, I. 511, 526. Cf. also p. 316.</p></div> + +<div class="footnote"><p><a name="Footnote_11_175" id="Footnote_11_175"></a><a href="#FNanchor_11_175"><span class="label">11</span></a> <i>Journals of Cong.</i>, I. 20. Cf. Ford, in <i>Political Science Quarterly</i>, VI. 615–7.</p></div> + +<div class="footnote"><p><a name="Footnote_12_176" id="Footnote_12_176"></a><a href="#FNanchor_12_176"><span class="label">12</span></a> John Adams, <i>Works</i>, II. 382.</p></div> + +<div class="footnote"><p><a name="Footnote_13_177" id="Footnote_13_177"></a><a href="#FNanchor_13_177"><span class="label">13</span></a> <i>Journals of Cong.</i>, I. 21.</p></div> + +<div class="footnote"><p><a name="Footnote_14_178" id="Footnote_14_178"></a><a href="#FNanchor_14_178"><span class="label">14</span></a> <i>Ibid.</i>, I. 24; Drayton; <i>Memoirs of the American Revolution</i>, I. 147; John +Adams, <i>Works</i>, II. 394.</p></div> + +<div class="footnote"><p><a name="Footnote_15_179" id="Footnote_15_179"></a><a href="#FNanchor_15_179"><span class="label">15</span></a> <i>Journals of Cong.</i>, I. 27, 32–8.</p></div> + +<div class="footnote"><p><a name="Footnote_16_180" id="Footnote_16_180"></a><a href="#FNanchor_16_180"><span class="label">16</span></a> Danbury, Dec. 12, 1774: Force, <i>American Archives</i>, 4th Ser., I. 1038. This +case and that of Georgia are the only ones I have found in which the slave-trade +clause was specifically mentioned.</p></div> + +<div class="footnote"><p><a name="Footnote_17_181" id="Footnote_17_181"></a><a href="#FNanchor_17_181"><span class="label">17</span></a> Force, <i>American Archives</i>, 4th Ser., I. 1033, 1136, 1160, 1163; II. 279–281, +1544; <i>Journals of Cong.</i>, May 13, 15, 17, 1775.</p></div> + +<div class="footnote"><p><a name="Footnote_18_182" id="Footnote_18_182"></a><a href="#FNanchor_18_182"><span class="label">18</span></a> Force, <i>American Archives</i>, 4th Ser., I. 1136.</p></div> + +<div class="footnote"><p><a name="Footnote_19_183" id="Footnote_19_183"></a><a href="#FNanchor_19_183"><span class="label">19</span></a> <i>Ibid.</i>, II. 279–81.</p></div> + +<div class="footnote"><p><a name="Footnote_20_184" id="Footnote_20_184"></a><a href="#FNanchor_20_184"><span class="label">20</span></a> <i>Ibid.</i>, I. 1160.</p></div> + +<div class="footnote"><p><a name="Footnote_21_185" id="Footnote_21_185"></a><a href="#FNanchor_21_185"><span class="label">21</span></a> Force, <i>American Archives</i>, 4th Ser., I. 1163.</p></div> + +<div class="footnote"><p><a name="Footnote_22_186" id="Footnote_22_186"></a><a href="#FNanchor_22_186"><span class="label">22</span></a> <i>Journals of Cong.</i>, May 13, 15, 1775.</p></div> + +<div class="footnote"><p><a name="Footnote_23_187" id="Footnote_23_187"></a><a href="#FNanchor_23_187"><span class="label">23</span></a> <i>Ibid.</i>, May 17, 1775.</p></div> + +<div class="footnote"><p><a name="Footnote_24_188" id="Footnote_24_188"></a><a href="#FNanchor_24_188"><span class="label">24</span></a> Force, <i>American Archives</i>, 4th Ser., II. 1545.</p></div> + +<div class="footnote"><p><a name="Footnote_25_189" id="Footnote_25_189"></a><a href="#FNanchor_25_189"><span class="label">25</span></a> Drayton, <i>Memoirs of the American Revolution</i>, I. 182. Cf. pp. 181–7; Ramsay, +<i>History of S. Carolina</i>, I. 231.</p></div> + +<div class="footnote"><p><a name="Footnote_26_190" id="Footnote_26_190"></a><a href="#FNanchor_26_190"><span class="label">26</span></a> Force, <i>American Archives</i>, 4th Ser., II. 33–4.</p></div> + +<div class="footnote"><p><a name="Footnote_27_191" id="Footnote_27_191"></a><a href="#FNanchor_27_191"><span class="label">27</span></a> <i>Journals of Cong.</i>, II. 122.</p></div> + +<div class="footnote"><p><a name="Footnote_28_192" id="Footnote_28_192"></a><a href="#FNanchor_28_192"><span class="label">28</span></a> Clarkson, <i>Impolicy of the Slave-Trade</i>, pp. 125–8.</p></div> + +<div class="footnote"><p><a name="Footnote_29_193" id="Footnote_29_193"></a><a href="#FNanchor_29_193"><span class="label">29</span></a> <i>Ibid.</i>, pp. 25–6.</p></div> + +<div class="footnote"><p><a name="Footnote_30_194" id="Footnote_30_194"></a><a href="#FNanchor_30_194"><span class="label">30</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_31_195" id="Footnote_31_195"></a><a href="#FNanchor_31_195"><span class="label">31</span></a> Jefferson, <i>Works</i> (Washington, 1853–4), I. 23–4. On the Declaration as an +anti-slavery document, cf. Elliot, <i>Debates</i> (1861), I. 89.</p></div> + +<div class="footnote"><p><a name="Footnote_32_196" id="Footnote_32_196"></a><a href="#FNanchor_32_196"><span class="label">32</span></a> Jefferson, <i>Works</i> (Washington, 1853–4), I. 19.</p></div> + +<div class="footnote"><p><a name="Footnote_33_197" id="Footnote_33_197"></a><a href="#FNanchor_33_197"><span class="label">33</span></a> Clarkson, <i>Impolicy of the Slave-Trade</i>, pp. 25–6; <i>Report</i>, etc., as above.</p></div> + +<div class="footnote"><p><a name="Footnote_34_198" id="Footnote_34_198"></a><a href="#FNanchor_34_198"><span class="label">34</span></a> Witness the many high duty acts on slaves, and the revenue derived therefrom. +Massachusetts had sixty distilleries running in 1783. Cf. Sheffield, <i>Observations +on American Commerce</i>, p. 267.</p></div> + +<div class="footnote"><p><a name="Footnote_35_199" id="Footnote_35_199"></a><a href="#FNanchor_35_199"><span class="label">35</span></a> Elliot, <i>Debates</i>, I. 72–3. Cf. Art. 8 of the Articles of Confederation.</p></div> + +<div class="footnote"><p><a name="Footnote_36_200" id="Footnote_36_200"></a><a href="#FNanchor_36_200"><span class="label">36</span></a> <i>Journals of Cong.</i>, 1781, June 25; July 18; Sept. 21, 27; Nov. 8, 13, 30; +Dec. 4.</p></div> + +<div class="footnote"><p><a name="Footnote_37_201" id="Footnote_37_201"></a><a href="#FNanchor_37_201"><span class="label">37</span></a> <i>Ibid.</i>, 1782–3, pp. 418–9, 425.</p></div> + +<div class="footnote"><p><a name="Footnote_38_202" id="Footnote_38_202"></a><a href="#FNanchor_38_202"><span class="label">38</span></a> <i>Annals of Cong.</i>, 1 Cong. 2 sess. p. 1183.</p></div> + +<div class="footnote"><p><a name="Footnote_39_203" id="Footnote_39_203"></a><a href="#FNanchor_39_203"><span class="label">39</span></a> Cf. above, chapters ii., iii., iv.</p></div> +</div> + +<hr /> +<p><!-- Page 58 --><a name="Page_58" id="Page_58"></a><span class="pagenum">58</span></p> + +<h2><a name="Chapter_VI" id="Chapter_VI"></a><i>Chapter VI</i></h2> + +<h3>THE FEDERAL CONVENTION. 1787.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">32. The First Proposition.</td></tr> +<tr><td align="left">33. The General Debate.</td></tr> +<tr><td align="left">34. The Special Committee and the "Bargain."</td></tr> +<tr><td align="left">35. The Appeal to the Convention.</td></tr> +<tr><td align="left">36. Settlement by the Convention.</td></tr> +<tr><td align="left">37. Reception of the Clause by the Nation.</td></tr> +<tr><td align="left">38. Attitude of the State Conventions.</td></tr> +<tr><td align="left">39. Acceptance of the Policy.</td></tr> +</table> + +<p>32. <b>The First Proposition.</b> Slavery occupied no prominent +place in the Convention called to remedy the glaring defects +of the Confederation, for the obvious reason that few of the +delegates thought it expedient to touch a delicate subject +which, if let alone, bade fair to settle itself in a manner satisfactory +to all. Consequently, neither slavery nor the slave-trade +is specifically mentioned in the delegates' credentials of +any of the States, nor in Randolph's, Pinckney's, or Hamilton's +plans, nor in Paterson's propositions. Indeed, the debate +from May 14 to June 19, when the Committee of the Whole +reported, touched the subject only in the matter of the ratio +of representation of slaves. With this same exception, the report +of the Committee of the Whole contained no reference +to slavery or the slave-trade, and the twenty-three resolutions +of the Convention referred to the Committee of Detail, July +23 and 26, maintain the same silence.</p> + +<p>The latter committee, consisting of Rutledge, Randolph, +Gorham, Ellsworth, and Wilson, reported a draft of the Constitution +August 6, 1787. The committee had, in its deliberations, +probably made use of a draft of a national Constitution +made by Edmund Randolph.<a name="FNanchor_1_204" id="FNanchor_1_204"></a><a href="#Footnote_1_204" class="fnanchor">1</a> One clause of this provided +that "no State shall lay a duty on imports;" and, also, "1. No +duty on exports. 2. No prohibition on such inhabitants as the +United States think proper to admit. 3. No duties by way of +such prohibition." It does not appear that any reference to +Negroes was here intended. In the extant copy, however, +<!-- Page 59 --><a name="Page_59" id="Page_59"></a><span class="pagenum">59</span>notes in Edward Rutledge's handwriting change the second +clause to "No prohibition on such inhabitants or people as +the several States think proper to admit."<a name="FNanchor_2_205" id="FNanchor_2_205"></a><a href="#Footnote_2_205" class="fnanchor">2</a> In the report, August +6, these clauses take the following form:—</p> + +<p>"Article VII. Section 4. No tax or duty shall be laid by the legislature +on articles exported from any state; nor on the migration or +importation of such persons as the several states shall think proper +to admit; nor shall such migration or importation be prohibited."<a name="FNanchor_3_206" id="FNanchor_3_206"></a><a href="#Footnote_3_206" class="fnanchor">3</a></p> + + +<p>33. <b>The General Debate.</b> This, of course, referred both to +immigrants ("migration") and to slaves ("importation").<a name="FNanchor_4_207" id="FNanchor_4_207"></a><a href="#Footnote_4_207" class="fnanchor">4</a> +Debate on this section began Tuesday, August 22, and lasted +two days. Luther Martin of Maryland precipitated the discussion +by a proposition to alter the section so as to allow a +prohibition or tax on the importation of slaves. The debate +immediately became general, being carried on principally by +Rutledge, the Pinckneys, and Williamson from the Carolinas; +Baldwin of Georgia; Mason, Madison, and Randolph of Virginia; +Wilson and Gouverneur Morris of Pennsylvania; Dickinson +of Delaware; and Ellsworth, Sherman, Gerry, King, +and Langdon of New England.<a name="FNanchor_5_208" id="FNanchor_5_208"></a><a href="#Footnote_5_208" class="fnanchor">5</a></p> + +<p>In this debate the moral arguments were prominent. Colonel +George Mason of Virginia denounced the traffic in slaves +as "infernal;" Luther Martin of Maryland regarded it as "inconsistent +with the principles of the revolution, and dishonorable +to the American character." "Every principle of honor +and safety," declared John Dickinson of Delaware, "demands +the exclusion of slaves." Indeed, Mason solemnly averred that +the crime of slavery might yet bring the judgment of God on +the nation. On the other side, Rutledge of South Carolina +bluntly declared that religion and humanity had nothing to +do with the question, that it was a matter of "interest" alone. +Gerry of Massachusetts wished merely to refrain from giving +direct sanction to the trade, while others contented themselves +with pointing out the inconsistency of condemning the +slave-trade and defending slavery.</p><p><!-- Page 60 --><a name="Page_60" id="Page_60"></a><span class="pagenum">60</span></p> + +<p>The difficulty of the whole argument, from the moral +standpoint, lay in the fact that it was completely checkmated +by the obstinate attitude of South Carolina and Georgia. +Their delegates—Baldwin, the Pinckneys, Rutledge, and others—asserted +flatly, not less than a half-dozen times during +the debate, that these States "can never receive the plan if it +prohibits the slave-trade;" that "if the Convention thought" +that these States would consent to a stoppage of the slave-trade, +"the expectation is vain."<a name="FNanchor_6_209" id="FNanchor_6_209"></a><a href="#Footnote_6_209" class="fnanchor">6</a> By this stand all argument +from the moral standpoint was virtually silenced, for the Convention +evidently agreed with Roger Sherman of Connecticut +that "it was better to let the Southern States import slaves +than to part with those States."</p> + +<p>In such a dilemma the Convention listened not unwillingly +to the <i>non possumus</i> arguments of the States' Rights advocates. +The "morality and wisdom" of slavery, declared Ellsworth +of Connecticut, "are considerations belonging to the +States themselves;" let every State "import what it pleases;" +the Confederation has not "meddled" with the question, why +should the Union? It is a dangerous symptom of centralization, +cried Baldwin of Georgia; the "central States" wish to +be the "vortex for everything," even matters of "a local nature." +The national government, said Gerry of Massachusetts, +had nothing to do with slavery in the States; it had only to +refrain from giving direct sanction to the system. Others opposed +this whole argument, declaring, with Langdon of New +Hampshire, that Congress ought to have this power, since, as +Dickinson tartly remarked, "The true question was, whether +the national happiness would be promoted or impeded by the +importation; and this question ought to be left to the national +government, not to the states particularly interested."</p> + +<p>Beside these arguments as to the right of the trade and the +proper seat of authority over it, many arguments of general +expediency were introduced. From an economic standpoint, +for instance, General C.C. Pinckney of South Carolina "contended, +that the importation of slaves would be for the interest +of the whole Union. The more slaves, the more produce." +Rutledge of the same State declared: "If the Northern States +<!-- Page 61 --><a name="Page_61" id="Page_61"></a><span class="pagenum">61</span>consult their interest, they will not oppose the increase of +slaves, which will increase the commodities of which they will +become the carriers." This sentiment found a more or less +conscious echo in the words of Ellsworth of Connecticut, +"What enriches a part enriches the whole." It was, moreover, +broadly hinted that the zeal of Maryland and Virginia against +the trade had an economic rather than a humanitarian motive, +since they had slaves enough and to spare, and wished to sell +them at a high price to South Carolina and Georgia, who +needed more. In such case restrictions would unjustly discriminate +against the latter States. The argument from history +was barely touched upon. Only once was there an allusion to +"the example of all the world" "in all ages" to justify slavery,<a name="FNanchor_7_210" id="FNanchor_7_210"></a><a href="#Footnote_7_210" class="fnanchor">7</a> +and once came the counter declaration that "Greece and +Rome were made unhappy by their slaves."<a name="FNanchor_8_211" id="FNanchor_8_211"></a><a href="#Footnote_8_211" class="fnanchor">8</a> On the other +hand, the military weakness of slavery in the late war led to +many arguments on that score. Luther Martin and George +Mason dwelt on the danger of a servile class in war and insurrection; +while Rutledge hotly replied that he "would readily +exempt the other states from the obligation to protect the +Southern against them;" and Ellsworth thought that the very +danger would "become a motive to kind treatment." The desirability +of keeping slavery out of the West was once mentioned +as an argument against the trade: to this all seemed +tacitly to agree.<a name="FNanchor_9_212" id="FNanchor_9_212"></a><a href="#Footnote_9_212" class="fnanchor">9</a></p> + +<p>Throughout the debate it is manifest that the Convention +had no desire really to enter upon a general slavery argument. +The broader and more theoretic aspects of the question were +but lightly touched upon here and there. Undoubtedly, most +of the members would have much preferred not to raise the +question at all; but, as it was raised, the differences of opinion +were too manifest to be ignored, and the Convention, after +its first perplexity, gradually and perhaps too willingly set itself +to work to find some "middle ground" on which all parties +could stand. The way to this compromise was pointed out +by the South. The most radical pro-slavery arguments always +ended with the opinion that "if the Southern States were let +<!-- Page 62 --><a name="Page_62" id="Page_62"></a><span class="pagenum">62</span>alone, they will probably of themselves stop importations."<a name="FNanchor_10_213" id="FNanchor_10_213"></a><a href="#Footnote_10_213" class="fnanchor">10</a> +To be sure, General Pinckney admitted that, "candidly, he did +not think South Carolina would stop her importations of +slaves in any short time;" nevertheless, the Convention "observed," +with Roger Sherman, "that the abolition of slavery +seemed to be going on in the United States, and that the +good sense of the several states would probably by degrees +complete it." Economic forces were evoked to eke out moral +motives: when the South had its full quota of slaves, like Virginia +it too would abolish the trade; free labor was bound +finally to drive out slave labor. Thus the chorus of "<i>laissez-faire</i>" +increased; and compromise seemed at least in sight, +when Connecticut cried, "Let the trade alone!" and Georgia +denounced it as an "evil." Some few discordant notes were +heard, as, for instance, when Wilson of Pennsylvania made +the uncomforting remark, "If South Carolina and Georgia +were themselves disposed to get rid of the importation of +slaves in a short time, as had been suggested, they would +never refuse to unite because the importation might be prohibited."</p> + +<p>With the spirit of compromise in the air, it was not long +before the general terms were clear. The slavery side was +strongly intrenched, and had a clear and definite demand. The +forces of freedom were, on the contrary, divided by important +conflicts of interest, and animated by no very strong and +decided anti-slavery spirit with settled aims. Under such circumstances, +it was easy for the Convention to miss the +opportunity for a really great compromise, and to descend to +a scheme that savored unpleasantly of "log-rolling." The student +of the situation will always have good cause to believe +that a more sturdy and definite anti-slavery stand at this point +might have changed history for the better.</p> + + +<p>34. <b>The Special Committee and the "Bargain."</b> Since the +debate had, in the first place, arisen from a proposition to tax +the importation of slaves, the yielding of this point by the +South was the first move toward compromise. To all but the +doctrinaires, who shrank from taxing men as property, the +argument that the failure to tax slaves was equivalent to a +<!-- Page 63 --><a name="Page_63" id="Page_63"></a><span class="pagenum">63</span>bounty, was conclusive. With this point settled, Randolph +voiced the general sentiment, when he declared that he "was +for committing, in order that some middle ground might, if +possible, be found." Finally, Gouverneur Morris discovered +the "middle ground," in his suggestion that the whole subject +be committed, "including the clauses relating to taxes on exports +and to a navigation act. These things," said he, "may +form a bargain among the Northern and Southern States." +This was quickly assented to; and sections four and five, on +slave-trade and capitation tax, were committed by a vote of 7 +to 3,<a name="FNanchor_11_214" id="FNanchor_11_214"></a><a href="#Footnote_11_214" class="fnanchor">11</a> and section six, on navigation acts, by a vote of 9 to 2.<a name="FNanchor_12_215" id="FNanchor_12_215"></a><a href="#Footnote_12_215" class="fnanchor">12</a> +All three clauses were referred to the following committee: +Langdon of New Hampshire, King of Massachusetts, Johnson +of Connecticut, Livingston of New Jersey, Clymer of +Pennsylvania, Dickinson of Delaware, Martin of Maryland, +Madison of Virginia, Williamson of North Carolina, General +Pinckney of South Carolina, and Baldwin of Georgia.</p> + +<p>The fullest account of the proceedings of this committee is +given in Luther Martin's letter to his constituents, and is confirmed +in its main particulars by similar reports of other delegates. +Martin writes: "A committee of <i>one</i> member from +each state was chosen by ballot, to take this part of the system +under their consideration, and to endeavor to agree upon +some report which should reconcile those states [i.e., South +Carolina and Georgia]. To this committee also was referred +the following proposition, which had been reported by the +committee of detail, viz.: 'No navigation act shall be passed +without the assent of two thirds of the members present in +each house'—a proposition which the staple and commercial +states were solicitous to retain, lest their commerce should be +placed too much under the power of the Eastern States, but +which these last States were as anxious to reject. This committee—of +which also I had the honor to be a member—met, +and took under their consideration the subjects committed +to them. I found the <i>Eastern</i> States, notwithstanding their +<i>aversion to slavery</i>, were very willing to indulge the Southern<!-- Page 64 --><a name="Page_64" id="Page_64"></a><span class="pagenum">64</span> +States at least with a temporary liberty to prosecute the slave +trade, provided the Southern States would, in their turn, gratify +<i>them</i>, by laying no restriction on navigation acts; and after +a very little time, the committee, by a great majority, agreed +on a report, by which the general government was to be prohibited +from preventing the importation of slaves for a limited +time, and the restrictive clause relative to navigation acts +was to be omitted."<a name="FNanchor_13_216" id="FNanchor_13_216"></a><a href="#Footnote_13_216" class="fnanchor">13</a></p> + +<p>That the "bargain" was soon made is proven by the fact +that the committee reported the very next day, Friday, August +24, and that on Saturday the report was taken up. It was as +follows: "Strike out so much of the fourth section as was referred +to the committee, and insert 'The migration or importation +of such persons as the several states, now existing, shall +think proper to admit, shall not be prohibited by the legislature +prior to the year 1800; but a tax or duty may be imposed +on such migration or importation, at a rate not exceeding the +average of the duties laid on imports.' The fifth section to +remain as in the report. The sixth section to be stricken out."<a name="FNanchor_14_217" id="FNanchor_14_217"></a><a href="#Footnote_14_217" class="fnanchor">14</a></p> + + +<p>35. <b>The Appeal to the Convention.</b> The ensuing debate,<a name="FNanchor_15_218" id="FNanchor_15_218"></a><a href="#Footnote_15_218" class="fnanchor">15</a> +which lasted only a part of the day, was evidently a sort of +appeal to the House on the decisions of the committee. It +throws light on the points of disagreement. General Pinckney +first proposed to extend the slave-trading limit to 1808, and +Gorham of Massachusetts seconded the motion. This brought +a spirited protest from Madison: "Twenty years will produce +all the mischief that can be apprehended from the liberty to +import slaves. So long a term will be more dishonorable to +the American character than to say nothing about it in the +Constitution."<a name="FNanchor_16_219" id="FNanchor_16_219"></a><a href="#Footnote_16_219" class="fnanchor">16</a> There was, however, evidently another "bargain" +here; for, without farther debate, the South and the +East voted the extension, 7 to 4, only New Jersey, Pennsylvania, +Delaware, and Virginia objecting. The ambiguous phraseology +of the whole slave-trade section as reported did not +pass without comment; Gouverneur Morris would have it +read: "The importation of slaves into North Carolina, South +<!-- Page 65 --><a name="Page_65" id="Page_65"></a><span class="pagenum">65</span>Carolina, and Georgia, shall not be prohibited," etc.<a name="FNanchor_17_220" id="FNanchor_17_220"></a><a href="#Footnote_17_220" class="fnanchor">17</a> This +emendation was, however, too painfully truthful for the doctrinaires, +and was, amid a score of objections, withdrawn. The +taxation clause also was manifestly too vague for practical use, +and Baldwin of Georgia wished to amend it by inserting +"common impost on articles not enumerated," in lieu of the +"average" duty.<a name="FNanchor_18_221" id="FNanchor_18_221"></a><a href="#Footnote_18_221" class="fnanchor">18</a> This minor point gave rise to considerable +argument: Sherman and Madison deprecated any such recognition +of property in man as taxing would imply; Mason +and Gorham argued that the tax restrained the trade; while +King, Langdon, and General Pinckney contented themselves +with the remark that this clause was "the price of the first +part." Finally, it was unanimously agreed to make the duty +"not exceeding ten dollars for each person."<a name="FNanchor_19_222" id="FNanchor_19_222"></a><a href="#Footnote_19_222" class="fnanchor">19</a></p> + +<p>Southern interests now being safe, some Southern members +attempted, a few days later, to annul the "bargain" by +restoring the requirement of a two-thirds vote in navigation +acts. Charles Pinckney made the motion, in an elaborate +speech designed to show the conflicting commercial interests +of the States; he declared that "The power of regulating commerce +was a pure concession on the part of the Southern +States."<a name="FNanchor_20_223" id="FNanchor_20_223"></a><a href="#Footnote_20_223" class="fnanchor">20</a> Martin and Williamson of North Carolina, Butler of +South Carolina, and Mason of Virginia defended the proposition, +insisting that it would be a dangerous concession on +the part of the South to leave navigation acts to a mere majority +vote. Sherman of Connecticut, Morris of Pennsylvania, +and Spaight of North Carolina declared that the very diversity +of interest was a security. Finally, by a vote of 7 to 4, Maryland, +Virginia, North Carolina, and Georgia being in the minority, +the Convention refused to consider the motion, and +the recommendation of the committee passed.<a name="FNanchor_21_224" id="FNanchor_21_224"></a><a href="#Footnote_21_224" class="fnanchor">21</a></p> + +<p>When, on September 10, the Convention was discussing +the amendment clause of the Constitution, the ever-alert +Rutledge, perceiving that the results of the laboriously<!-- Page 66 --><a name="Page_66" id="Page_66"></a><span class="pagenum">66</span> settled +"bargain" might be endangered, declared that he "never could +agree to give a power by which the articles relating to slaves +might be altered by the states not interested in that property."<a name="FNanchor_22_225" id="FNanchor_22_225"></a><a href="#Footnote_22_225" class="fnanchor">22</a> +As a result, the clause finally adopted, September 15, +had the proviso: "Provided, that no amendment which may +be made prior to the year 1808 shall in any manner affect the +1st and 4th clauses in the 9th section of the 1st article."<a name="FNanchor_23_226" id="FNanchor_23_226"></a><a href="#Footnote_23_226" class="fnanchor">23</a></p> + + +<p>36. <b>Settlement by the Convention.</b> Thus, the slave-trade +article of the Constitution stood finally as follows:—</p> + +<p>"Article I. Section 9. The Migration or Importation of such Persons +as any of the States now existing shall think proper to admit, +shall not be prohibited by the Congress prior to the Year one thousand +eight hundred and eight, but a Tax or duty may be imposed on +such Importation, not exceeding ten dollars for each Person."</p> + +<p>This settlement of the slavery question brought out distinct +differences of moral attitude toward the institution, and yet +differences far from hopeless. To be sure, the South apologized +for slavery, the Middle States denounced it, and the +East could only tolerate it from afar; and yet all three sections +united in considering it a temporary institution, the corner-stone +of which was the slave-trade. No one of them had ever +seen a system of slavery without an active slave-trade; and +there were probably few members of the Convention who did +not believe that the foundations of slavery had been sapped +merely by putting the abolition of the slave-trade in the hands +of Congress twenty years hence. Here lay the danger; for +when the North called slavery "temporary," she thought of +twenty or thirty years, while the "temporary" period of the +South was scarcely less than a century. Meantime, for at least +a score of years, a policy of strict <i>laissez-faire</i>, so far as the +general government was concerned, was to intervene. Instead +of calling the whole moral energy of the people into action, +so as gradually to crush this portentous evil, the Federal Convention +lulled the nation to sleep by a "bargain," and left to +the vacillating and unripe judgment of the States one of the +most threatening of the social and political ills which they +<!-- Page 67 --><a name="Page_67" id="Page_67"></a><span class="pagenum">67</span>were so courageously seeking to remedy.</p> + + +<p>37. <b>Reception of the Clause by the Nation.</b> When the +proposed Constitution was before the country, the slave-trade +article came in for no small amount of condemnation and +apology. In the pamphlets of the day it was much discussed. +One of the points in Mason's "Letter of Objections" was that +"the general legislature is restrained from prohibiting the further +importation of slaves for twenty odd years, though such +importations render the United States weaker, more vulnerable, +and less capable of defence."<a name="FNanchor_24_227" id="FNanchor_24_227"></a><a href="#Footnote_24_227" class="fnanchor">24</a> To this Iredell replied, +through the columns of the <i>State Gazette</i> of North Carolina: +"If all the States had been willing to adopt this regulation +[i.e., to prohibit the slave-trade], I should as an individual +most heartily have approved of it, because even if the importation +of slaves in fact rendered us stronger, less vulnerable +and more capable of defence, I should rejoice in the prohibition +of it, as putting an end to a trade which has already +continued too long for the honor and humanity of those concerned +in it. But as it was well known that South Carolina +and Georgia thought a further continuance of such importations +useful to them, and would not perhaps otherwise have +agreed to the new constitution, those States which had been +importing till they were satisfied, could not with decency have +insisted upon their relinquishing advantages themselves had +already enjoyed. Our situation makes it necessary to bear the +evil as it is. It will be left to the future legislatures to allow +such importations or not. If any, in violation of their clear +conviction of the injustice of this trade, persist in pursuing it, +this is a matter between God and their own consciences. The +interests of humanity will, however, have gained something +by the prohibition of this inhuman trade, though at a distance +of twenty odd years."<a name="FNanchor_25_228" id="FNanchor_25_228"></a><a href="#Footnote_25_228" class="fnanchor">25</a></p> + +<p>"Centinel," representing the Quaker sentiment of Pennsylvania, +attacked the clause in his third letter, published in the <i>Independent +Gazetteer, or The Chronicle of Freedom</i>, November 8, +1787: "We are told that the objects of this article are slaves, and +that it is inserted to secure to the southern states the right of +introducing negroes for twenty-one years to come, against the +<!-- Page 68 --><a name="Page_68" id="Page_68"></a><span class="pagenum">68</span>declared sense of the other states to put an end to an odious +traffic in the human species, which is especially scandalous +and inconsistent in a people, who have asserted their own liberty +by the sword, and which dangerously enfeebles the districts +wherein the laborers are bondsmen. The words, dark and +ambiguous, such as no plain man of common sense would +have used, are evidently chosen to conceal from Europe, +that in this enlightened country, the practice of slavery has its +advocates among men in the highest stations. When it is recollected +that no poll tax can be imposed on <i>five</i> negroes, above +what <i>three</i> whites shall be charged; when it is considered, +that the imposts on the consumption of Carolina field negroes +must be trifling, and the excise nothing, it is plain that the +proportion of contributions, which can be expected from the +southern states under the new constitution, will be unequal, +and yet they are to be allowed to enfeeble themselves by the +further importation of negroes till the year 1808. Has not the +concurrence of the five southern states (in the convention) to +the new system, been purchased too dearly by the rest?"<a name="FNanchor_26_229" id="FNanchor_26_229"></a><a href="#Footnote_26_229" class="fnanchor">26</a></p> + +<p>Noah Webster's "Examination" (1787) addressed itself to +such Quaker scruples: "But, say the enemies of slavery, negroes +may be imported for twenty-one years. This exception +is addressed to the quakers, and a very pitiful exception it is. +The truth is, Congress cannot prohibit the importation of +slaves during that period; but the laws against the importation +into particular states, stand unrepealed. An immediate +abolition of slavery would bring ruin upon the whites, and +misery upon the blacks, in the southern states. The constitution +has therefore wisely left each state to pursue its own measures, +with respect to this article of legislation, during the +period of twenty-one years."<a name="FNanchor_27_230" id="FNanchor_27_230"></a><a href="#Footnote_27_230" class="fnanchor">27</a></p> + +<p>The following year the "Examination" of Tench Coxe said: +"The temporary reservation of any particular matter must +ever be deemed an admission that it should be done away. +This appears to have been well understood. In addition to the +arguments drawn from liberty, justice and religion, opinions +against this practice [i.e., of slave-trading], founded in sound +<!-- Page 69 --><a name="Page_69" id="Page_69"></a><span class="pagenum">69</span>policy, have no doubt been urged. Regard was necessarily +paid to the peculiar situation of our southern fellow-citizens; +but they, on the other hand, have not been insensible of the +delicate situation of our national character on this subject."<a name="FNanchor_28_231" id="FNanchor_28_231"></a><a href="#Footnote_28_231" class="fnanchor">28</a></p> + +<p>From quite different motives Southern men defended this +section. For instance, Dr. David Ramsay, a South Carolina +member of the Convention, wrote in his "Address": "It is +farther objected, that they have stipulated for a right to prohibit +the importation of negroes after 21 years. On this subject +observe, as they are bound to protect us from domestic violence, +they think we ought not to increase our exposure to +that evil, by an unlimited importation of slaves. Though Congress +may forbid the importation of negroes after 21 years, it +does not follow that they will. On the other hand, it is probable +that they will not. The more rice we make, the more +business will be for their shipping; their interest will therefore +coincide with ours. Besides, we have other sources of supply—the +importation of the ensuing 20 years, added to the +natural increase of those we already have, and the influx from +our northern neighbours who are desirous of getting rid of +their slaves, will afford a sufficient number for cultivating all +the lands in this state."<a name="FNanchor_29_232" id="FNanchor_29_232"></a><a href="#Footnote_29_232" class="fnanchor">29</a></p> + +<p>Finally, <i>The Federalist</i>, No. 41, written by James Madison, +commented as follows: "It were doubtless to be wished, that +the power of prohibiting the importation of slaves had not +been postponed until the year 1808, or rather, that it had been +suffered to have immediate operation. But it is not difficult to +account, either for this restriction on the General Government, +or for the manner in which the whole clause is expressed. +It ought to be considered as a great point gained in +favor of humanity, that a period of twenty years may terminate +forever, within these States, a traffic which has so long +and so loudly upbraided the barbarism of modern policy; that +within that period, it will receive a considerable discouragement +from the Federal Government, and may be totally abolished, +by a concurrence of the few States which continue the +unnatural traffic, in the prohibitory example which has been +<!-- Page 70 --><a name="Page_70" id="Page_70"></a><span class="pagenum">70</span>given by so great a majority of the Union. Happy would it +be for the unfortunate Africans, if an equal prospect lay before +them of being redeemed from the oppressions of their +European brethren!</p> + +<p>"Attempts have been made to pervert this clause into an +objection against the Constitution, by representing it on one +side as a criminal toleration of an illicit practice, and on +another, as calculated to prevent voluntary and beneficial +emigrations from Europe to America. I mention these misconstructions, +not with a view to give them an answer, for +they deserve none; but as specimens of the manner and spirit, +in which some have thought fit to conduct their opposition +to the proposed Government."<a name="FNanchor_30_233" id="FNanchor_30_233"></a><a href="#Footnote_30_233" class="fnanchor">30</a></p> + + +<p>38. <b>Attitude of the State Conventions.</b> The records of the +proceedings in the various State conventions are exceedingly +meagre. In nearly all of the few States where records exist +there is found some opposition to the slave-trade clause. The +opposition was seldom very pronounced or bitter; it rather +took the form of regret, on the one hand that the Convention +went so far, and on the other hand that it did not go farther. +Probably, however, the Constitution was never in danger of +rejection on account of this clause.</p> + +<p>Extracts from a few of the speeches, <i>pro</i> and <i>con</i>, in various +States will best illustrate the character of the arguments. In +reply to some objections expressed in the Pennsylvania convention, +Wilson said, December 3, 1787: "I consider this as +laying the foundation for banishing slavery out of this country; +and though the period is more distant than I could wish, +yet it will produce the same kind, gradual change, which was +pursued in Pennsylvania."<a name="FNanchor_31_234" id="FNanchor_31_234"></a><a href="#Footnote_31_234" class="fnanchor">31</a> Robert Barnwell declared in the +South Carolina convention, January 17, 1788, that this clause +"particularly pleased" him. "Congress," he said, "has guarantied +this right for that space of time, and at its expiration may +continue it as long as they please. This question then arises—What +will their interest lead them to do? The Eastern States, +as the honorable gentleman says, will become the carriers of +America. It will, therefore, certainly be their interest to <!-- Page 71 --><a name="Page_71" id="Page_71"></a><span class="pagenum">71</span>encourage +exportation to as great an extent as possible; and if +the quantum of our products will be diminished by the prohibition +of negroes, I appeal to the belief of every man, +whether he thinks those very carriers will themselves dam up +the sources from whence their profit is derived. To think so is +so contradictory to the general conduct of mankind, that I am +of opinion, that, without we ourselves put a stop to them, the +traffic for negroes will continue forever."<a name="FNanchor_32_235" id="FNanchor_32_235"></a><a href="#Footnote_32_235" class="fnanchor">32</a></p> + +<p>In Massachusetts, January 30, 1788, General Heath said: +"The gentlemen who have spoken have carried the matter +rather too far on both sides. I apprehend that it is not in our +power to do anything for or against those who are in slavery +in the southern States.... Two questions naturally arise, if +we ratify the Constitution: Shall we do anything by our act +to hold the blacks in slavery? or shall we become partakers of +other men's sins? I think neither of them. Each State is sovereign +and independent to a certain degree, and they have a +right, and will regulate their own internal affairs, as to themselves +appears proper."<a name="FNanchor_33_236" id="FNanchor_33_236"></a><a href="#Footnote_33_236" class="fnanchor">33</a> Iredell said, in the North Carolina +convention, July 26, 1788: "When the entire abolition of slavery +takes place, it will be an event which must be pleasing to +every generous mind, and every friend of human nature.... +But as it is, this government is nobly distinguished above +others by that very provision."<a name="FNanchor_34_237" id="FNanchor_34_237"></a><a href="#Footnote_34_237" class="fnanchor">34</a></p> + +<p>Of the arguments against the clause, two made in the Massachusetts +convention are typical. The Rev. Mr. Neal said, +January 25, 1788, that "unless his objection [to this clause] was +removed, he could not put his hand to the Constitution."<a name="FNanchor_35_238" id="FNanchor_35_238"></a><a href="#Footnote_35_238" class="fnanchor">35</a> +General Thompson exclaimed, "Shall it be said, that after we +have established our own independence and freedom, we +make slaves of others?"<a name="FNanchor_36_239" id="FNanchor_36_239"></a><a href="#Footnote_36_239" class="fnanchor">36</a> Mason, in the Virginia convention, +June 15, 1788, said: "As much as I value a union of all the +states, I would not admit the Southern States into the Union +unless they agree to the discontinuance of this disgraceful +trade.... Yet they have not secured us the property of the +<!-- Page 72 --><a name="Page_72" id="Page_72"></a><span class="pagenum">72</span>slaves we have already. So that 'they have done what they +ought not to have done, and have left undone what they +ought to have done.'"<a name="FNanchor_37_240" id="FNanchor_37_240"></a><a href="#Footnote_37_240" class="fnanchor">37</a> Joshua Atherton, who led the opposition +in the New Hampshire convention, said: "The idea that +strikes those who are opposed to this clause so disagreeably +and so forcibly is,—hereby it is conceived (if we ratify the +Constitution) that we become <i>consenters to</i> and <i>partakers in</i> +the sin and guilt of this abominable traffic, at least for a certain +period, without any positive stipulation that it shall even +then be brought to an end."<a name="FNanchor_38_241" id="FNanchor_38_241"></a><a href="#Footnote_38_241" class="fnanchor">38</a></p> + +<p>In the South Carolina convention Lowndes, January 16, +1788, attacked the slave-trade clause. "Negroes," said he, +"were our wealth, our only natural resource; yet behold how +our kind friends in the north were determined soon to tie up +our hands, and drain us of what we had! The Eastern States +drew their means of subsistence, in a great measure, from +their shipping; and, on that head, they had been particularly +careful not to allow of any burdens.... Why, then, call this +a reciprocal bargain, which took all from one party, to bestow +it on the other!"<a name="FNanchor_39_242" id="FNanchor_39_242"></a><a href="#Footnote_39_242" class="fnanchor">39</a></p> + +<p>In spite of this discussion in the different States, only one +State, Rhode Island, went so far as to propose an amendment +directing Congress to "promote and establish such laws and +regulations as may effectually prevent the importation of +slaves of every description, into the United States."<a name="FNanchor_40_243" id="FNanchor_40_243"></a><a href="#Footnote_40_243" class="fnanchor">40</a></p> + + +<p>39. <b>Acceptance of the Policy.</b> As in the Federal Convention, +so in the State conventions, it is noticeable that the compromise +was accepted by the various States from widely +different motives.<a name="FNanchor_41_244" id="FNanchor_41_244"></a><a href="#Footnote_41_244" class="fnanchor">41</a> Nevertheless, these motives were not fixed +and unchangeable, and there was still discernible a certain underlying +<!-- Page 73 --><a name="Page_73" id="Page_73"></a><span class="pagenum">73</span>agreement in the dislike of slavery. One cannot help +thinking that if the devastation of the late war had not left an +extraordinary demand for slaves in the South,—if, for instance, +there had been in 1787 the same plethora in the slave-market +as in 1774,—the future history of the country would +have been far different. As it was, the twenty-one years of +<i>laissez-faire</i> were confirmed by the States, and the nation entered +upon the constitutional period with the slave-trade legal +in three States,<a name="FNanchor_42_245" id="FNanchor_42_245"></a><a href="#Footnote_42_245" class="fnanchor">42</a> and with a feeling of quiescence toward it in +the rest of the Union.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_204" id="Footnote_1_204"></a><a href="#FNanchor_1_204"><span class="label">1</span></a> Conway, <i>Life and Papers of Edmund Randolph</i>, ch. ix.</p></div> + +<div class="footnote"><p><a name="Footnote_2_205" id="Footnote_2_205"></a><a href="#FNanchor_2_205"><span class="label">2</span></a> Conway, <i>Life and Papers of Edmund Randolph</i>, p. 78.</p></div> + +<div class="footnote"><p><a name="Footnote_3_206" id="Footnote_3_206"></a><a href="#FNanchor_3_206"><span class="label">3</span></a> Elliot, <i>Debates</i>, I. 227.</p></div> + +<div class="footnote"><p><a name="Footnote_4_207" id="Footnote_4_207"></a><a href="#FNanchor_4_207"><span class="label">4</span></a> Cf. Conway, <i>Life and Papers of Edmund Randolph</i>, pp. 78–9.</p></div> + +<div class="footnote"><p><a name="Footnote_5_208" id="Footnote_5_208"></a><a href="#FNanchor_5_208"><span class="label">5</span></a> For the following debate, Madison's notes (Elliot, <i>Debates</i>, V. 457 ff.) are +mainly followed.</p></div> + +<div class="footnote"><p><a name="Footnote_6_209" id="Footnote_6_209"></a><a href="#FNanchor_6_209"><span class="label">6</span></a> Cf. Elliot, <i>Debates</i>, V, <i>passim</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_7_210" id="Footnote_7_210"></a><a href="#FNanchor_7_210"><span class="label">7</span></a> By Charles Pinckney.</p></div> + +<div class="footnote"><p><a name="Footnote_8_211" id="Footnote_8_211"></a><a href="#FNanchor_8_211"><span class="label">8</span></a> By John Dickinson.</p></div> + +<div class="footnote"><p><a name="Footnote_9_212" id="Footnote_9_212"></a><a href="#FNanchor_9_212"><span class="label">9</span></a> Mentioned in the speech of George Mason.</p></div> + +<div class="footnote"><p><a name="Footnote_10_213" id="Footnote_10_213"></a><a href="#FNanchor_10_213"><span class="label">10</span></a> Charles Pinckney. Baldwin of Georgia said that if the State were left to +herself, "she may probably put a stop to the evil": Elliot, <i>Debates</i>, V. 459.</p></div> + +<div class="footnote"><p><a name="Footnote_11_214" id="Footnote_11_214"></a><a href="#FNanchor_11_214"><span class="label">11</span></a> <i>Affirmative:</i> Connecticut, New Jersey, Maryland, Virginia, North Carolina, +South Carolina, Georgia,—7. <i>Negative:</i> New Hampshire, Pennsylvania, +Delaware,—3. <i>Absent:</i> Massachusetts,—1.</p></div> + +<div class="footnote"><p><a name="Footnote_12_215" id="Footnote_12_215"></a><a href="#FNanchor_12_215"><span class="label">12</span></a> <i>Negative:</i> Connecticut and New Jersey.</p></div> + +<div class="footnote"><p><a name="Footnote_13_216" id="Footnote_13_216"></a><a href="#FNanchor_13_216"><span class="label">13</span></a> Luther Martin's letter, in Elliot, <i>Debates</i>, I. 373. Cf. explanations of delegates +in the South Carolina, North Carolina, and other conventions.</p></div> + +<div class="footnote"><p><a name="Footnote_14_217" id="Footnote_14_217"></a><a href="#FNanchor_14_217"><span class="label">14</span></a> Elliot, <i>Debates</i>, V. 471.</p></div> + +<div class="footnote"><p><a name="Footnote_15_218" id="Footnote_15_218"></a><a href="#FNanchor_15_218"><span class="label">15</span></a> Saturday, Aug. 25, 1787.</p></div> + +<div class="footnote"><p><a name="Footnote_16_219" id="Footnote_16_219"></a><a href="#FNanchor_16_219"><span class="label">16</span></a> Elliot, <i>Debates</i>, V. 477.</p></div> + +<div class="footnote"><p><a name="Footnote_17_220" id="Footnote_17_220"></a><a href="#FNanchor_17_220"><span class="label">17</span></a> Elliot, <i>Debates</i>, V. 477. Dickinson made a similar motion, which was disagreed +to: <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_18_221" id="Footnote_18_221"></a><a href="#FNanchor_18_221"><span class="label">18</span></a> <i>Ibid.</i>, V. 478.</p></div> + +<div class="footnote"><p><a name="Footnote_19_222" id="Footnote_19_222"></a><a href="#FNanchor_19_222"><span class="label">19</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_20_223" id="Footnote_20_223"></a><a href="#FNanchor_20_223"><span class="label">20</span></a> Aug. 29: <i>Ibid.</i>, V. 489.</p></div> + +<div class="footnote"><p><a name="Footnote_21_224" id="Footnote_21_224"></a><a href="#FNanchor_21_224"><span class="label">21</span></a> <i>Ibid.</i>, V. 492.</p></div> + +<div class="footnote"><p><a name="Footnote_22_225" id="Footnote_22_225"></a><a href="#FNanchor_22_225"><span class="label">22</span></a> Elliot, <i>Debates</i>, V. 532.</p></div> + +<div class="footnote"><p><a name="Footnote_23_226" id="Footnote_23_226"></a><a href="#FNanchor_23_226"><span class="label">23</span></a> <i>Ibid.</i>, I. 317.</p></div> + +<div class="footnote"><p><a name="Footnote_24_227" id="Footnote_24_227"></a><a href="#FNanchor_24_227"><span class="label">24</span></a> P.L. Ford, <i>Pamphlets on the Constitution</i>, p. 331.</p></div> + +<div class="footnote"><p><a name="Footnote_25_228" id="Footnote_25_228"></a><a href="#FNanchor_25_228"><span class="label">25</span></a> <i>Ibid.</i>, p. 367.</p></div> + +<div class="footnote"><p><a name="Footnote_26_229" id="Footnote_26_229"></a><a href="#FNanchor_26_229"><span class="label">26</span></a> McMaster and Stone, <i>Pennsylvania and the Federal Convention</i>, pp. 599–600. +Cf. also p. 773.</p></div> + +<div class="footnote"><p><a name="Footnote_27_230" id="Footnote_27_230"></a><a href="#FNanchor_27_230"><span class="label">27</span></a> See Ford, <i>Pamphlets</i>, etc., p. 54.</p></div> + +<div class="footnote"><p><a name="Footnote_28_231" id="Footnote_28_231"></a><a href="#FNanchor_28_231"><span class="label">28</span></a> Ford, <i>Pamphlets</i>, etc., p. 146.</p></div> + +<div class="footnote"><p><a name="Footnote_29_232" id="Footnote_29_232"></a><a href="#FNanchor_29_232"><span class="label">29</span></a> "Address to the Freemen of South Carolina on the Subject of the Federal +Constitution": <i>Ibid.</i>, p. 378.</p></div> + +<div class="footnote"><p><a name="Footnote_30_233" id="Footnote_30_233"></a><a href="#FNanchor_30_233"><span class="label">30</span></a> Published in the <i>New York Packet</i>, Jan. 22, 1788; reprinted in Dawson's +<i>F[oe]deralist*</i>, I. 290–1.</p></div> + +<div class="footnote"><p><a name="Footnote_31_234" id="Footnote_31_234"></a><a href="#FNanchor_31_234"><span class="label">31</span></a> Elliot, <i>Debates</i>, II. 452.</p></div> + +<div class="footnote"><p><a name="Footnote_32_235" id="Footnote_32_235"></a><a href="#FNanchor_32_235"><span class="label">32</span></a> Elliot, <i>Debates</i>, IV. 296–7.</p></div> + +<div class="footnote"><p><a name="Footnote_33_236" id="Footnote_33_236"></a><a href="#FNanchor_33_236"><span class="label">33</span></a> Published in <i>Debates of the Massachusetts Convention</i>, 1788, p. 217 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_34_237" id="Footnote_34_237"></a><a href="#FNanchor_34_237"><span class="label">34</span></a> Elliot, <i>Debates</i>, IV. 100–1.</p></div> + +<div class="footnote"><p><a name="Footnote_35_238" id="Footnote_35_238"></a><a href="#FNanchor_35_238"><span class="label">35</span></a> Published in <i>Debates of the Massachusetts Convention</i>, 1788, p. 208.</p></div> + +<div class="footnote"><p><a name="Footnote_36_239" id="Footnote_36_239"></a><a href="#FNanchor_36_239"><span class="label">36</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_37_240" id="Footnote_37_240"></a><a href="#FNanchor_37_240"><span class="label">37</span></a> Elliot, <i>Debates</i>, III. 452–3.</p></div> + +<div class="footnote"><p><a name="Footnote_38_241" id="Footnote_38_241"></a><a href="#FNanchor_38_241"><span class="label">38</span></a> Walker, <i>Federal Convention of New Hampshire</i>, App. 113; Elliot, Debates, +II. 203.</p></div> + +<div class="footnote"><p><a name="Footnote_39_242" id="Footnote_39_242"></a><a href="#FNanchor_39_242"><span class="label">39</span></a> Elliot, <i>Debates</i>, IV. 273.</p></div> + +<div class="footnote"><p><a name="Footnote_40_243" id="Footnote_40_243"></a><a href="#FNanchor_40_243"><span class="label">40</span></a> Updike's <i>Minutes</i>, in Staples, <i>Rhode Island in the Continental Congress</i>, pp. +657–8, 674–9. Adopted by a majority of one in a convention of seventy.</p></div> + +<div class="footnote"><p><a name="Footnote_41_244" id="Footnote_41_244"></a><a href="#FNanchor_41_244"><span class="label">41</span></a> In five States I have found no mention of the subject (Delaware, New +Jersey, Georgia, Connecticut, and Maryland). In the Pennsylvania convention +there was considerable debate, partially preserved in Elliot's and Lloyd's <i>Debates</i>. +In the Massachusetts convention the debate on this clause occupied a +part of two or three days, reported in published debates. In South Carolina +there were several long speeches, reported in Elliot's <i>Debates</i>. Only three +speeches made in the New Hampshire convention seem to be extant, and +two of these are on the slave-trade: cf. Walker and Elliot. The Virginia convention +discussed the clause to considerable extent: see Elliot. The clause +does not seem to have been a cause of North Carolina's delay in ratification, +although it occasioned some discussion: see Elliot. In Rhode Island "much +debate ensued," and in this State alone was an amendment proposed: see +Staples, <i>Rhode Island in the Continental Congress</i>. In New York the Committee +of the Whole "proceeded through sections 8, 9 ... with little or no +debate": Elliot, <i>Debates</i>, II. 406.</p></div> + +<div class="footnote"><p><a name="Footnote_42_245" id="Footnote_42_245"></a><a href="#FNanchor_42_245"><span class="label">42</span></a> South Carolina, Georgia, and North Carolina. North Carolina had, however, +a prohibitive duty.</p></div> +</div> + +<hr /> +<p><!-- Page 74 --><a name="Page_74" id="Page_74"></a><span class="pagenum">74</span></p> + +<h2><a name="Chapter_VII" id="Chapter_VII"></a><i>Chapter VII</i></h2> + +<h3>TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, +1787–1806.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">40. Influence of the Haytian Revolution.</td></tr> +<tr><td align="left">41. Legislation of the Southern States.</td></tr> +<tr><td align="left">42. Legislation of the Border States.</td></tr> +<tr><td align="left">43. Legislation of the Eastern States.</td></tr> +<tr><td align="left">44. First Debate in Congress, 1789.</td></tr> +<tr><td align="left">45. Second Debate in Congress, 1790.</td></tr> +<tr><td align="left">46. The Declaration of Powers, 1790.</td></tr> +<tr><td align="left">47. The Act of 1794.</td></tr> +<tr><td align="left">48. The Act of 1800.</td></tr> +<tr><td align="left">49. The Act of 1803.</td></tr> +<tr><td align="left">50. State of the Slave-Trade from 1789 to 1803.</td></tr> +<tr><td align="left">51. The South Carolina Repeal of 1803.</td></tr> +<tr><td align="left">52. The Louisiana Slave-Trade, 1803–1805.</td></tr> +<tr><td align="left">53. Last Attempts at Taxation, 1805–1806.</td></tr> +<tr><td align="left">54. Key-Note of the Period.</td></tr> +</table> + +<p>40. <b>Influence of the Haytian Revolution.</b> The rôle which +the great Negro Toussaint, called L'Ouverture, played in the +history of the United States has seldom been fully appreciated. +Representing the age of revolution in America, he rose +to leadership through a bloody terror, which contrived a Negro +"problem" for the Western Hemisphere, intensified and +defined the anti-slavery movement, became one of the causes, +and probably the prime one, which led Napoleon to sell Louisiana +for a song, and finally, through the interworking of all +these effects, rendered more certain the final prohibition of +the slave-trade by the United States in 1807.</p> + +<p>From the time of the reorganization of the Pennsylvania +Abolition Society, in 1787, anti-slavery sentiment became active. +New York, New Jersey, Rhode Island, Delaware, Maryland, +and Virginia had strong organizations, and a national +convention was held in 1794. The terrible upheaval in the +West Indies, beginning in 1791, furnished this rising movement +with an irresistible argument. A wave of horror and fear +swept over the South, which even the powerful slave-traders +of Georgia did not dare withstand; the Middle States saw +their worst dreams realized, and the mercenary trade interests +<!-- Page 75 --><a name="Page_75" id="Page_75"></a><span class="pagenum">75</span>of the East lost control of the New England conscience.</p> + + +<p>41. <b>Legislation of the Southern States.</b> In a few years the +growing sentiment had crystallized into legislation. The +Southern States took immediate measures to close their ports, +first against West India Negroes, finally against all slaves. +Georgia, who had had legal slavery only from 1755, and had +since passed no restrictive legislation, felt compelled in 1793[1] +to stop the entry of free Negroes, and in 1798<a name="FNanchor_2_247" id="FNanchor_2_247"></a><a href="#Footnote_2_247" class="fnanchor">2</a> to prohibit, +under heavy penalties, the importation of all slaves. This provision +was placed in the Constitution of the State, and, although +miserably enforced, was never repealed.</p> + +<p>South Carolina was the first Southern State in which the +exigencies of a great staple crop rendered the rapid consumption +of slaves more profitable than their proper maintenance. +Alternating, therefore, between a plethora and a dearth of +Negroes, she prohibited the slave-trade only for short periods. +In 1788<a name="FNanchor_3_248" id="FNanchor_3_248"></a><a href="#Footnote_3_248" class="fnanchor">3</a> she had forbidden the trade for five years, and +in 1792,<a name="FNanchor_4_249" id="FNanchor_4_249"></a><a href="#Footnote_4_249" class="fnanchor">4</a> being peculiarly exposed to the West Indian insurrection, +she quickly found it "inexpedient" to allow Negroes +"from Africa, the West India Islands, or other place beyond +sea" to enter for two years. This act continued to be extended, +although with lessening penalties, until 1803.<a name="FNanchor_5_250" id="FNanchor_5_250"></a><a href="#Footnote_5_250" class="fnanchor">5</a> The home demand +in view of the probable stoppage of the trade in 1808, +the speculative chances of the new Louisiana Territory trade, +and the large already existing illicit traffic combined in that +year to cause the passage of an act, December 17, reopening +the African slave-trade, although still carefully excluding +"West India" Negroes.<a name="FNanchor_6_251" id="FNanchor_6_251"></a><a href="#Footnote_6_251" class="fnanchor">6</a> This action profoundly stirred the +Union, aroused anti-slavery sentiment, led to a concerted<!-- Page 76 --><a name="Page_76" id="Page_76"></a><span class="pagenum">76</span> +movement for a constitutional amendment, and, failing in +this, to an irresistible demand for a national prohibitory act +at the earliest constitutional moment.</p> + +<p>North Carolina had repealed her prohibitory duty act in +1790,<a name="FNanchor_7_252" id="FNanchor_7_252"></a><a href="#Footnote_7_252" class="fnanchor">7</a> but in 1794 she passed an "Act to prevent further +importation and bringing of slaves," etc.<a name="FNanchor_8_253" id="FNanchor_8_253"></a><a href="#Footnote_8_253" class="fnanchor">8</a> Even the body-servants +of West India immigrants and, naturally, all free +Negroes, were eventually prohibited.<a name="FNanchor_9_254" id="FNanchor_9_254"></a><a href="#Footnote_9_254" class="fnanchor">9</a></p> + + +<p>42. <b>Legislation of the Border States.</b> The Border States, +Virginia and Maryland, strengthened their non-importation +laws, Virginia freeing illegally imported Negroes,<a name="FNanchor_10_255" id="FNanchor_10_255"></a><a href="#Footnote_10_255" class="fnanchor">10</a> and Maryland +prohibiting even the interstate trade.<a name="FNanchor_11_256" id="FNanchor_11_256"></a><a href="#Footnote_11_256" class="fnanchor">11</a> The Middle States +took action chiefly in the final abolition of slavery within their +borders, and the prevention of the fitting out of slaving vessels +in their ports. Delaware declared, in her Act of 1789, that +"it is inconsistent with that spirit of general liberty which pervades +the constitution of this state, that vessels should be fitted +out, or equipped, in any of the ports thereof, for the +purpose of receiving and transporting the natives of Africa to +places where they are held in slavery,"<a name="FNanchor_12_257" id="FNanchor_12_257"></a><a href="#Footnote_12_257" class="fnanchor">12</a> and forbade such a +practice under penalty of £500 for each person so engaged. +The Pennsylvania Act of 1788<a name="FNanchor_13_258" id="FNanchor_13_258"></a><a href="#Footnote_13_258" class="fnanchor">13</a> had similar provisions, with a +penalty of £1000; and New Jersey followed with an act in +1798.<a name="FNanchor_14_259" id="FNanchor_14_259"></a><a href="#Footnote_14_259" class="fnanchor">14</a></p> + + +<p>43. <b>Legislation of the Eastern States.</b> In the Eastern +States, where slavery as an institution was already nearly defunct, +action was aimed toward stopping the notorious participation +of citizens in the slave-trade outside the State. The +prime movers were the Rhode Island Quakers. Having early +<!-- Page 77 --><a name="Page_77" id="Page_77"></a><span class="pagenum">77</span>secured a law against the traffic in their own State, they +turned their attention to others. Through their remonstrances +Connecticut, in 1788,<a name="FNanchor_15_260" id="FNanchor_15_260"></a><a href="#Footnote_15_260" class="fnanchor">15</a> prohibited participation in the trade by +a fine of £500 on the vessel, £50 on each slave, and loss of +insurance; this act was strengthened in 1792,<a name="FNanchor_16_261" id="FNanchor_16_261"></a><a href="#Footnote_16_261" class="fnanchor">16</a> the year after +the Haytian revolt. Massachusetts, after many fruitless attempts, +finally took advantage of an unusually bold case of +kidnapping, and passed a similar act in 1788.<a name="FNanchor_17_262" id="FNanchor_17_262"></a><a href="#Footnote_17_262" class="fnanchor">17</a> "This," says +Belknap, "was the utmost which could be done by our legislatures; +we still have to regret the impossibility of making a +law <i>here</i>, which shall restrain our citizens from carrying on +this trade <i>in foreign bottoms</i>, and from committing the crimes +which this act prohibits, <i>in foreign countries</i>, as it is said some +of them have done since the enacting of these laws."<a name="FNanchor_18_263" id="FNanchor_18_263"></a><a href="#Footnote_18_263" class="fnanchor">18</a></p> + +<p>Thus it is seen how, spurred by the tragedy in the West +Indies, the United States succeeded by State action in prohibiting +the slave-trade from 1798 to 1803, in furthering the cause +of abolition, and in preventing the fitting out of slave-trade +expeditions in United States ports. The country had good +cause to congratulate itself. The national government hastened +to supplement State action as far as possible, and the +prophecies of the more sanguine Revolutionary fathers +seemed about to be realized, when the ill-considered act of +South Carolina showed the weakness of the constitutional +compromise.</p> + + +<p>44. <b>First Debate in Congress, 1789.</b> The attention of the +national government was early directed to slavery and the +trade by the rise, in the first Congress, of the question of +taxing slaves imported. During the debate on the duty bill +introduced by Clymer's committee, Parker of Virginia +moved, May 13, 1789, to lay a tax of ten dollars <i>per capita</i> on +slaves imported. He plainly stated that the tax was designed +to check the trade, and that he was "sorry that the Constitution +prevented Congress from prohibiting the importation +altogether." The proposal was evidently unwelcome, and +caused an extended debate.<a name="FNanchor_19_264" id="FNanchor_19_264"></a><a href="#Footnote_19_264" class="fnanchor">19</a> Smith of South Carolina wanted +<!-- Page 78 --><a name="Page_78" id="Page_78"></a><span class="pagenum">78</span>to postpone a matter so "big with the most serious consequences +to the State he represented." Roger Sherman of Connecticut +"could not reconcile himself to the insertion of +human beings as an article of duty, among goods, wares, and +merchandise." Jackson of Georgia argued against any restriction, +and thought such States as Virginia "ought to let their +neighbors get supplied, before they imposed such a burden +upon the importation." Tucker of South Carolina declared it +"unfair to bring in such an important subject at a time when +debate was almost precluded," and denied the right of Congress +to "consider whether the importation of slaves is proper +or not."</p> + +<p>Mr. Parker was evidently somewhat abashed by this onslaught +of friend and foe, but he "had ventured to introduce +the subject after full deliberation, and did not like to withdraw +it." He desired Congress, "if possible," to "wipe off the +stigma under which America labored." This brought Jackson +of Georgia again to his feet. He believed, in spite of the "fashion +of the day," that the Negroes were better off as slaves +than as freedmen, and that, as the tax was partial, "it would +be the most odious tax Congress could impose." Such sentiments +were a distinct advance in pro-slavery doctrine, and +called for a protest from Madison of Virginia. He thought +the discussion proper, denied the partiality of the tax, and +declared that, according to the spirit of the Constitution and +his own desire, it was to be hoped "that, by expressing a national +disapprobation of this trade, we may destroy it, and +save ourselves from reproaches, and our posterity the imbecility +ever attendant on a country filled with slaves." Finally, to +Burke of South Carolina, who thought "the gentlemen were +contending for nothing," Madison sharply rejoined, "If we +contend for nothing, the gentlemen who are opposed to us +do not contend for a great deal."</p> + +<p>It now became clear that Congress had been whirled into a +discussion of too delicate and lengthy a nature to allow its +further prolongation. Compromising councils prevailed; and +it was agreed that the present proposition should be withdrawn +and a separate bill brought in. This bill was, however,<!-- Page 79 --><a name="Page_79" id="Page_79"></a><span class="pagenum">79</span> +at the next session dexterously postponed "until the next session +of Congress."<a name="FNanchor_20_265" id="FNanchor_20_265"></a><a href="#Footnote_20_265" class="fnanchor">20</a></p> + + +<p>45. <b>Second Debate in Congress, 1790.</b> It is doubtful if +Congress of its own initiative would soon have resurrected +the matter, had not a new anti-slavery weapon appeared in +the shape of urgent petitions from abolition societies. The +first petition, presented February 11, 1790,<a name="FNanchor_21_266" id="FNanchor_21_266"></a><a href="#Footnote_21_266" class="fnanchor">21</a> was from the same +interstate Yearly Meeting of Friends which had formerly petitioned +the Confederation Congress.<a name="FNanchor_22_267" id="FNanchor_22_267"></a><a href="#Footnote_22_267" class="fnanchor">22</a> They urged Congress +to inquire "whether, notwithstanding such seeming impediments, +it be not in reality within your power to exercise justice +and mercy, which, if adhered to, we cannot doubt, must +produce the abolition of the slave trade," etc. Another Quaker +petition from New York was also presented,<a name="FNanchor_23_268" id="FNanchor_23_268"></a><a href="#Footnote_23_268" class="fnanchor">23</a> and both were +about to be referred, when Smith of South Carolina objected, +and precipitated a sharp debate.<a name="FNanchor_24_269" id="FNanchor_24_269"></a><a href="#Footnote_24_269" class="fnanchor">24</a> This debate had a distinctly +different tone from that of the preceding one, and represents +another step in pro-slavery doctrine. The key-note of these +utterances was struck by Stone of Maryland, who "feared that +if Congress took any measures indicative of an intention to +interfere with the kind of property alluded to, it would sink +it in value very considerably, and might be injurious to a great +number of the citizens, particularly in the Southern States. He +thought the subject was of general concern, and that the petitioners +had no more right to interfere with it than any other +members of the community. It was an unfortunate circumstance, +that it was the disposition of religious sects to imagine +they understood the rights of human nature better than all +the world besides."</p> + +<p>In vain did men like Madison disclaim all thought of unconstitutional +"interference," and express only a desire to see +"If anything is within the Federal authority to restrain such +violation of the rights of nations and of mankind, as is supposed +to be practised in some parts of the United States." A +storm of disapproval from Southern members met such sentiments. +<!-- Page 80 --><a name="Page_80" id="Page_80"></a><span class="pagenum">80</span>"The rights of the Southern States ought not to be +threatened," said Burke of South Carolina. "Any extraordinary +attention of Congress to this petition," averred Jackson +of Georgia, would put slave property "in jeopardy," and +"evince to the people a disposition towards a total emancipation." +Smith and Tucker of South Carolina declared that the +request asked for "unconstitutional" measures. Gerry of Massachusetts, +Hartley of Pennsylvania, and Lawrence of New +York rather mildly defended the petitioners; but after considerable +further debate the matter was laid on the table.</p> + +<p>The very next day, however, the laid ghost walked again in +the shape of another petition from the "Pennsylvania Society +for promoting the Abolition of Slavery," signed by its venerable +president, Benjamin Franklin. This petition asked Congress +to "step to the very verge of the power vested in you +for discouraging every species of traffic in the persons of our +fellow-men."<a name="FNanchor_25_270" id="FNanchor_25_270"></a><a href="#Footnote_25_270" class="fnanchor">25</a> Hartley of Pennsylvania called up the memorial +of the preceding day, and it was read a second time and a +motion for commitment made. Plain words now came from +Tucker of South Carolina. "The petition," he said, "contained +an unconstitutional request." The commitment would alarm +the South. These petitions were "mischievous" attempts to +imbue the slaves with false hopes. The South would not submit +to a general emancipation without "civil war." The commitment +would "blow the trumpet of sedition in the +Southern States," echoed his colleague, Burke. The Pennsylvania +men spoke just as boldly. Scott declared the petition +constitutional, and was sorry that the Constitution did not +interdict this "most abominable" traffic. "Perhaps, in our Legislative +capacity," he said, "we can go no further than to impose +a duty of ten dollars, but I do not know how far I might +go if I was one of the Judges of the United States, and those +people were to come before me and claim their emancipation; +but I am sure I would go as far as I could." Jackson of Georgia +rejoined in true Southern spirit, boldly defending slavery +in the light of religion and history, and asking if it was "good +policy to bring forward a business at this moment likely to +light up the flame of civil discord; for the people of the +<!-- Page 81 --><a name="Page_81" id="Page_81"></a><span class="pagenum">81</span>Southern States will resist one tyranny as soon as another. +The other parts of the Continent may bear them down by +force of arms, but they will never suffer themselves to be divested +of their property without a struggle. The gentleman +says, if he was a Federal Judge, he does not know to what +length he would go in emancipating these people; but I believe +his judgment would be of short duration in Georgia, +perhaps even the existence of such a Judge might be in danger." +Baldwin, his New-England-born colleague, urged moderation +by reciting the difficulty with which the constitutional +compromise was reached, and declaring, "the moment we go +to jostle on that ground, I fear we shall feel it tremble under +our feet." Lawrence of New York wanted to commit the memorials, +in order to see how far Congress might constitutionally +interfere. Smith of South Carolina, in a long speech, said +that his constituents entered the Union "from political, not +from moral motives," and that "we look upon this measure +as an attack upon the palladium of the property of our country." +Page of Virginia, although a slave owner, urged commitment, +and Madison again maintained the appropriateness +of the request, and suggested that "regulations might be made +in relation to the introduction of them [i.e., slaves] into the +new States to be formed out of the Western Territory." Even +conservative Gerry of Massachusetts declared, with regard to +the whole trade, that the fact that "we have a right to regulate +this business, is as clear as that we have any rights whatever."</p> + +<p>Finally, by a vote of 43 to 11, the memorials were committed, +the South Carolina and Georgia delegations, Bland and +Coles of Virginia, Stone of Maryland, and Sylvester of New +York voting in the negative.<a name="FNanchor_26_271" id="FNanchor_26_271"></a><a href="#Footnote_26_271" class="fnanchor">26</a> A committee, consisting of Foster +of New Hampshire, Huntington of Connecticut, Gerry of +Massachusetts, Lawrence of New York, Sinnickson of New +Jersey, Hartley of Pennsylvania, and Parker of Virginia, was +charged with the matter, and reported Friday, March 5. The +absence of Southern members on this committee compelled it +to make this report a sort of official manifesto on the aims of +Northern anti-slavery politics. As such, it was sure to meet<!-- Page 82 --><a name="Page_82" id="Page_82"></a><span class="pagenum">82</span> +with vehement opposition in the House, even though conservatively +worded. Such proved to be the fact when the +committee reported. The onslaught to "negative the whole +report" was prolonged and bitter, the debate <i>pro</i> and <i>con</i> lasting +several days.<a name="FNanchor_1_246" id="FNanchor_1_246"></a><a href="#Footnote_1_246" class="fnanchor">1</a></p> + + +<p>46. <b>The Declaration of Powers, 1790.</b> The result is best +seen by comparing the original report with the report of the +Committee of the Whole, adopted by a vote of 29 to 25 Monday, +March 23, 1790:<a name="FNanchor_28_273" id="FNanchor_28_273"></a><a href="#Footnote_28_273" class="fnanchor">28</a>—</p> + + +<table summary="2 cols" cellpadding="10"> +<tr> +<td class="col2"> +<p class="center"><span class="smcap">Report of the Select Committee.</span></p> + +<p>That, from the nature of the matters +contained in these memorials, they +were induced to examine the powers +vested in Congress, under the present +Constitution, relating to the Abolition +of Slavery, and are clearly of opinion,</p> + +<p><i>First.</i> That the General Government +is expressly restrained from prohibiting +the importation of such persons 'as any +of the States now existing shall think +proper to admit, until the year one +thousand eight hundred and eight.'</p> + +<p><i>Secondly.</i> That Congress, by a fair +construction of the Constitution, are +equally restrained from interfering in +the emancipation of slaves, who already +are, or who may, within the period +mentioned, be imported into, or born +within, any of the said States.</p> + +<p><i>Thirdly.</i> That Congress have no authority +to interfere in the internal regulations +of particular States, relative to +the instructions of slaves in the principles +of morality and religion; to their +comfortable clothing, accommodations, +and subsistence; to the regulation +of their marriages, and the +prevention of the violation of the +rights thereof, or to the separation of +children from their parents; to a comfortable +provision in cases of sickness, +age, or infirmity; or to the seizure, +transportation, or sale of free negroes; +but have the fullest confidence in the +wisdom and humanity of the Legislatures +of the several States, that they +will revise their laws from time to time, +when necessary, and promote the objects +mentioned in the memorials, and +every other measure that may tend to +the happiness of slaves.</p> + +<p><i>Fourthly.</i> That, nevertheless, Congress +have authority, if they shall think +it necessary, to lay at any time a tax or +duty, not exceeding ten dollars for each +person of any description, the importation +of whom shall be by any of the +States admitted as aforesaid.</p> + +<p><i>Fifthly.</i> That Congress have authority +to interdict,<a name="FNanchor_29_274" id="FNanchor_29_274"></a><a href="#Footnote_29_274" class="fnanchor">29</a> or (so far as it is or +may be carried on by citizens of the +United States, for supplying foreigners), +to regulate<a name="FNanchor_27_272" id="FNanchor_27_272"></a><a href="#Footnote_27_272" class="fnanchor">27</a> the African trade, and +to make provision for the humane +treatment of slaves, in all cases while on +their passage to the United States, or +to foreign ports, so far as respects the +citizens of the United States.</p> + +<p><i>Sixthly.</i> That Congress have also authority +to prohibit foreigners from fitting +out vessels in any port of the +United States, for transporting persons +from Africa to any foreign port.</p> + +<p><i>Seventhly.</i> That the memorialists be +informed, that in all cases to which the +authority of Congress extends, they +will exercise it for the humane objects +of the memorialists, so far as they can +be promoted on the principles of justice, +humanity, and good policy.</p> +</td> +<td class="col2"> + +<p class="center"><span class="smcap">Report of the Committee of the +Whole.</span></p> + +<p><i>First.</i> That the migration or importation +of such persons as any of the +States now existing shall think proper +to admit, cannot be prohibited by +Congress, prior to the year one thousand +eight hundred and eight.</p> + +<p><i>Secondly.</i> That Congress have no authority +to interfere in the emancipation +of slaves, or in the treatment of them +within any of the States; it remaining +with the several States alone to provide +any regulation therein, which humanity +and true policy may require.</p> + +<p><span class="pagenum">83</span><!-- Page 83 --><a name="Page_83" id="Page_83"></a></p> + +<p><i>Thirdly.</i> That Congress have authority +to restrain the citizens of the United +States from carrying on the African +trade, for the purpose of supplying foreigners +with slaves, and of providing, +by proper regulations, for the humane +treatment, during their passage, of +slaves imported by the said citizens +into the States admitting such importation.</p> + +<p><i>Fourthly.</i> That Congress have authority +to prohibit foreigners from fitting +out vessels in any port of the +United States for transporting persons +from Africa to any foreign port.</p> +</td></tr> +</table> + + +<p>47. <b>The Act of 1794.</b> This declaration of the powers of the +central government over the slave-trade bore early fruit in the +second Congress, in the shape of a shower of petitions from +abolition societies in Massachusetts, Rhode Island, Connecticut, +New York, Pennsylvania, Maryland, and Virginia.<a name="FNanchor_30_275" id="FNanchor_30_275"></a><a href="#Footnote_30_275" class="fnanchor">30</a> In +some of these slavery was denounced as "an outrageous violation +of one of the most essential rights of human nature,"<a name="FNanchor_31_276" id="FNanchor_31_276"></a><a href="#Footnote_31_276" class="fnanchor">31</a><!-- Page 84 --><a name="Page_84" id="Page_84"></a><span class="pagenum">84</span> +and the slave-trade as a traffic "degrading to the rights of +man" and "repugnant to reason."<a name="FNanchor_32_277" id="FNanchor_32_277"></a><a href="#Footnote_32_277" class="fnanchor">32</a> Others declared the trade +"injurious to the true commercial interest of a nation,"<a name="FNanchor_33_278" id="FNanchor_33_278"></a><a href="#Footnote_33_278" class="fnanchor">33</a> and +asked Congress that, having taken up the matter, they do all +in their power to limit the trade. Congress was, however, determined +to avoid as long as possible so unpleasant a matter, +and, save an angry attempt to censure a Quaker petitioner,<a name="FNanchor_34_279" id="FNanchor_34_279"></a><a href="#Footnote_34_279" class="fnanchor">34</a> +nothing was heard of the slave-trade until the third Congress.</p> + +<p>Meantime, news came from the seas southeast of Carolina +and Georgia which influenced Congress more powerfully +than humanitarian arguments had done. The wild revolt of +despised slaves, the rise of a noble black leader, and the birth +of a new nation of Negro freemen frightened the pro-slavery +advocates and armed the anti-slavery agitation. As a result, a +Quaker petition for a law against the transport traffic in slaves +was received without a murmur in 1794,<a name="FNanchor_35_280" id="FNanchor_35_280"></a><a href="#Footnote_35_280" class="fnanchor">35</a> and on March 22 +the first national act against the slave-trade became a law.<a name="FNanchor_36_281" id="FNanchor_36_281"></a><a href="#Footnote_36_281" class="fnanchor">36</a> It +was designed "to prohibit the carrying on the Slave Trade +from the United States to any foreign place or country," or +the fitting out of slavers in the United States for that country. +The penalties for violation were forfeiture of the ship, a fine +of $1000 for each person engaged, and of $200 for each slave +transported. If the Quakers thought this a triumph of anti-slavery +sentiment, they were quickly undeceived. Congress +might willingly restrain the country from feeding West Indian +turbulence, and yet be furious at a petition like that of 1797,<a name="FNanchor_37_282" id="FNanchor_37_282"></a><a href="#Footnote_37_282" class="fnanchor">37</a> +calling attention to "the oppressed state of our brethren of +the African race" in this country, and to the interstate slave-trade. +"Considering the present extraordinary state of the +West India Islands and of Europe," young John Rutledge insisted +"that 'sufficient for the day is the evil thereof,' and t<!-- Page 85 --><a name="Page_85" id="Page_85"></a><span class="pagenum">85</span>hat +they ought to shut their door against any thing which had a +tendency to produce the like confusion in this country." After +excited debate and some investigation by a special committee, +the petition was ordered, in both Senate and House, to be +withdrawn.</p> + + +<p>48. <b>The Act of 1800.</b> In the next Congress, the sixth, another +petition threw the House into paroxysms of slavery debate. +Waln of Pennsylvania presented the petition of certain +free colored men of Pennsylvania praying for a revision of the +slave-trade laws and of the fugitive-slave law, and for prospective +emancipation.<a name="FNanchor_38_283" id="FNanchor_38_283"></a><a href="#Footnote_38_283" class="fnanchor">38</a> Waln moved the reference of this memorial +to a committee already appointed on the revision of the +loosely drawn and poorly enforced Act of 1794.<a name="FNanchor_39_284" id="FNanchor_39_284"></a><a href="#Footnote_39_284" class="fnanchor">39</a> Rutledge of +South Carolina immediately arose. He opposed the motion, +saying, that these petitions were continually coming in and +stirring up discord; that it was a good thing the Negroes were +in slavery; and that already "too much of this new-fangled +French philosophy of liberty and equality" had found its way +among them. Others defended the right of petition, and declared +that none wished Congress to exceed its powers. +Brown of Rhode Island, a new figure in Congress, a man of +distinguished services and from a well-known family, boldly +set forth the commercial philosophy of his State. "We want +money," said he, "we want a navy; we ought therefore to use +the means to obtain it. We ought to go farther than has yet +been proposed, and repeal the bills in question altogether, for +why should we see Great Britain getting all the slave trade to +themselves; why may not our country be enriched by that +lucrative traffic? There would not be a slave the more sold, +but we should derive the benefits by importing from Africa +as well as that nation." Waln, in reply, contended that they +should look into "the slave trade, much of which was still +carrying on from Rhode Island, Boston and Pennsylvania." +Hill of North Carolina called the House back from this general +discussion to the petition in question, and, while willing +to remedy any existing defect in the Act of 1794, hoped the +petition would not be received. Dana of Connecticut declared +<!-- Page 86 --><a name="Page_86" id="Page_86"></a><span class="pagenum">86</span>that the paper "contained nothing but a farrago of the French +metaphysics of liberty and equality;" and that "it was likely to +produce some of the dreadful scenes of St. Domingo." The +next day Rutledge again warned the House against even discussing +the matter, as "very serious, nay, dreadful effects, +must be the inevitable consequence." He held up the most +lurid pictures of the fatuity of the French Convention in listening +to the overtures of the "three emissaries from St. +Domingo," and thus yielding "one of the finest islands in the +world" to "scenes which had never been practised since the +destruction of Carthage." "But, sir," he continued, "we have +lived to see these dreadful scenes. These horrid effects have +succeeded what was conceived once to be trifling. Most important +consequences may be the result, although gentlemen +little apprehend it. But we know the situation of things +there, although they do not, and knowing we deprecate it. +There have been emissaries amongst us in the Southern +States; they have begun their war upon us; an actual organization +has commenced; we have had them meeting in their +club rooms, and debating on that subject.... Sir, I do believe +that persons have been sent from France to feel the +pulse of this country, to know whether these [i.e., the Negroes] +are the proper engines to make use of: these people +have been talked to; they have been tampered with, and this +is going on."</p> + +<p>Finally, after censuring certain parts of this Negro petition, +Congress committed the part on the slave-trade to the committee +already appointed. Meantime, the Senate sent down a +bill to amend the Act of 1794, and the House took this bill +under consideration.<a name="FNanchor_40_285" id="FNanchor_40_285"></a><a href="#Footnote_40_285" class="fnanchor">40</a> Prolonged debate ensued. Brown of +Rhode Island again made a most elaborate plea for throwing +open the foreign slave-trade. Negroes, he said, bettered their +condition by being enslaved, and thus it was morally wrong +and commercially indefensible to impose "a heavy fine and +imprisonment ... for carrying on a trade so advantageous;" +or, if the trade must be stopped, then equalize the matter<!-- Page 87 --><a name="Page_87" id="Page_87"></a><span class="pagenum">87</span> and +abolish slavery too. Nichols of Virginia thought that surely +the gentlemen would not advise the importation of more Negroes; +for while it "was a fact, to be sure," that they would +thus improve their condition, "would it be policy so to do?" +Bayard of Delaware said that "a more dishonorable item of +revenue" than that derived from the slave-trade "could not be +established." Rutledge opposed the new bill as defective and +impracticable: the former act, he said, was enough; the States +had stopped the trade, and in addition the United States had +sought to placate philanthropists by stopping the use of our +ships in the trade. "This was going very far indeed." New +England first began the trade, and why not let them enjoy its +profits now as well as the English? The trade could not be +stopped.</p> + +<p>The bill was eventually recommitted and reported again.<a name="FNanchor_41_286" id="FNanchor_41_286"></a><a href="#Footnote_41_286" class="fnanchor">41</a> +"On the question for its passing, a long and warm debate +ensued," and several attempts to postpone it were made; it +finally passed, however, only Brown of Rhode Island, Dent +of Maryland, Rutledge and Huger of South Carolina, and +Dickson of North Carolina voting against it, and 67 voting +for it.<a name="FNanchor_42_287" id="FNanchor_42_287"></a><a href="#Footnote_42_287" class="fnanchor">42</a> This Act of May 10, 1800,<a name="FNanchor_43_288" id="FNanchor_43_288"></a><a href="#Footnote_43_288" class="fnanchor">43</a> greatly strengthened the +Act of 1794. The earlier act had prohibited citizens from +equipping slavers for the foreign trade; but this went so far +as to forbid them having any interest, direct or indirect, in +such voyages, or serving on board slave-ships in any capacity. +Imprisonment for two years was added to the former +fine of $2000, and United States commissioned ships were +directed to capture such slavers as prizes. The slaves though +forfeited by the owner, were not to go to the captor; and +the act omitted to say what disposition should be made of +them.</p> + + +<p>49. <b>The Act of 1803.</b> The Haytian revolt, having been +among the main causes of two laws, soon was the direct instigation +to a third. The frightened feeling in the South, when +freedmen from the West Indies began to arrive in various +ports, may well be imagined. On January 17, 1803, the town +of Wilmington, North Carolina, hastily memorialized Congress, +<!-- Page 88 --><a name="Page_88" id="Page_88"></a><span class="pagenum">88</span>stating the arrival of certain freed Negroes from Guadeloupe, +and apprehending "much danger to the peace and +safety of the people of the Southern States of the Union" +from the "admission of persons of that description into the +United States."<a name="FNanchor_44_289" id="FNanchor_44_289"></a><a href="#Footnote_44_289" class="fnanchor">44</a> The House committee which considered this +petition hastened to agree "That the system of policy stated +in the said memorial to exist, and to be now pursued in the +French colonial government, of the West Indies, is fraught +with danger to the peace and safety of the United States. That +the fact stated to have occurred in the prosecution of that +system of policy, demands the prompt interference of the +Government of the United States, as well Legislative as Executive."<a name="FNanchor_45_290" id="FNanchor_45_290"></a><a href="#Footnote_45_290" class="fnanchor">45</a> +The result was a bill providing for the forfeiture of +any ship which should bring into States prohibiting the same +"any negro, mulatto, or other person of color;" the captain of +the ship was also to be punished. After some opposition<a name="FNanchor_46_291" id="FNanchor_46_291"></a><a href="#Footnote_46_291" class="fnanchor">46</a> the +bill became a law, February 28, 1803.<a name="FNanchor_47_292" id="FNanchor_47_292"></a><a href="#Footnote_47_292" class="fnanchor">47</a></p> + + +<p>50. <b>State of the Slave-Trade from 1789 to 1803.</b> Meantime, +in spite of the prohibitory State laws, the African slave-trade +to the United States continued to flourish. It was notorious +that New England traders carried on a large traffic.<a name="FNanchor_48_293" id="FNanchor_48_293"></a><a href="#Footnote_48_293" class="fnanchor">48</a> +Members stated on the floor of the House that "it was much +to be regretted that the severe and pointed statute against the +slave trade had been so little regarded. In defiance of its +forbiddance and its penalties, it was well known that citizens +and vessels of the United States were still engaged in that +traffic.... In various parts of the nation, outfits were made +for slave-voyages, without secrecy, shame, or apprehension.... +Countenanced by their fellow-citizens at home, +who were as ready to buy as they themselves were to collect +and to bring to market, they approached our Southern harbors +and inlets, and clandestinely disembarked the sooty offspring +of the Eastern, upon the ill fated soil of the Western +hemisphere. In this way, it had been computed that, during +<!-- Page 89 --><a name="Page_89" id="Page_89"></a><span class="pagenum">89</span>the last twelve months, twenty thousand enslaved negroes had +been transported from Guinea, and, by smuggling, added to +the plantation stock of Georgia and South Carolina. So little +respect seems to have been paid to the existing prohibitory +statute, that it may almost be considered as disregarded by +common consent."<a name="FNanchor_49_294" id="FNanchor_49_294"></a><a href="#Footnote_49_294" class="fnanchor">49</a></p> + +<p>These voyages were generally made under the flag of a foreign +nation, and often the vessel was sold in a foreign port to +escape confiscation. South Carolina's own Congressman confessed +that although the State had prohibited the trade since +1788, she "was unable to enforce" her laws. "With navigable +rivers running into the heart of it," said he, "it was impossible, +with our means, to prevent our Eastern brethren, who, +in some parts of the Union, in defiance of the authority of +the General Government, have been engaged in this trade, +from introducing them into the country. The law was completely +evaded, and, for the last year or two [1802–3], Africans +were introduced into the country in numbers little short, I +believe, of what they would have been had the trade been a +legal one."<a name="FNanchor_50_295" id="FNanchor_50_295"></a><a href="#Footnote_50_295" class="fnanchor">50</a> The same tale undoubtedly might have been told +of Georgia.</p> + + +<p>51. <b>The South Carolina Repeal of 1803.</b> This vast and apparently +irrepressible illicit traffic was one of three causes +which led South Carolina, December 17, 1803, to throw aside +all pretence and legalize her growing slave-trade; the other +two causes were the growing certainty of total prohibition of +the traffic in 1808, and the recent purchase of Louisiana by the +United States, with its vast prospective demand for slave labor. +Such a combination of advantages, which meant fortunes +to planters and Charleston slave-merchants, could not longer +be withheld from them; the prohibition was repealed, and the +United States became again, for the first time in at least five +years, a legal slave mart. This action shocked the nation, +frightening Southern States with visions of an influx of untrained +barbarians and servile insurrections, and arousing and +intensifying the anti-slavery feeling of the North, which had +<!-- Page 90 --><a name="Page_90" id="Page_90"></a><span class="pagenum">90</span>long since come to think of the trade, so far as legal enactment +went, as a thing of the past.</p> + +<p>Scarcely a month after this repeal, Bard of Pennsylvania +solemnly addressed Congress on the matter. "For many reasons," +said he, "this House must have been justly surprised +by a recent measure of one of the Southern States. The +impressions, however, which that measure gave my mind, +were deep and painful. Had I been informed that some formidable +foreign Power had invaded our country, I would not, +I ought not, be more alarmed than on hearing that South +Carolina had repealed her law prohibiting the importation of +slaves.... Our hands are tied, and we are obliged to stand +confounded, while we see the flood-gate opened, and pouring +incalculable miseries into our country."<a name="FNanchor_51_296" id="FNanchor_51_296"></a><a href="#Footnote_51_296" class="fnanchor">51</a> He then moved, as +the utmost legal measure, a tax of ten dollars per head on +slaves imported.</p> + +<p>Debate on this proposition did not occur until February 14, +when Lowndes explained the circumstances of the repeal, and +a long controversy took place.<a name="FNanchor_52_297" id="FNanchor_52_297"></a><a href="#Footnote_52_297" class="fnanchor">52</a> Those in favor of the tax argued +that the trade was wrong, and that the tax would serve +as some slight check; the tax was not inequitable, for if a State +did not wish to bear it she had only to prohibit the trade; the +tax would add to the revenue, and be at the same time a +moral protest against an unjust and dangerous traffic. Against +this it was argued that if the tax furnished a revenue it would +defeat its own object, and make prohibition more difficult in +1808; it was inequitable, because it was aimed against one +State, and would fall exclusively on agriculture; it would give +national sanction to the trade; it would look "like an attempt +in the General Government to correct a State for the undisputed +exercise of its constitutional powers;" the revenue +would be inconsiderable, and the United States had nothing +to do with the moral principle; while a prohibitory tax would +be defensible, a small tax like this would be useless as a protection +and criminal as a revenue measure.</p> + +<p>The whole debate hinged on the expediency of the +measure, few defending South Carolina's action.<a name="FNanchor_53_298" id="FNanchor_53_298"></a><a href="#Footnote_53_298" class="fnanchor">53</a> Finally, a +<!-- Page 91 --><a name="Page_91" id="Page_91"></a><span class="pagenum">91</span>bill was ordered to be brought in, which was done on the 17th.<a name="FNanchor_54_299" id="FNanchor_54_299"></a><a href="#Footnote_54_299" class="fnanchor">54</a> +Another long debate took place, covering substantially the +same ground. It was several times hinted that if the matter +were dropped South Carolina might again prohibit the trade. +This, and the vehement opposition, at last resulted in the +postponement of the bill, and it was not heard from again +during the session.</p> + + +<p>52. <b>The Louisiana Slave-Trade, 1803–1805.</b> About this +time the cession of Louisiana brought before Congress the +question of the status of slavery and the slave-trade in the +Territories. Twice or thrice before had the subject called for +attention. The first time was in the Congress of the Confederation, +when, by the Ordinance of 1787,<a name="FNanchor_55_300" id="FNanchor_55_300"></a><a href="#Footnote_55_300" class="fnanchor">55</a> both slavery and +the slave-trade were excluded from the Northwest Territory. +In 1790 Congress had accepted the cession of North Carolina +back lands on the express condition that slavery there +be undisturbed.<a name="FNanchor_56_301" id="FNanchor_56_301"></a><a href="#Footnote_56_301" class="fnanchor">56</a> Nothing had been said as to slavery in the +South Carolina cession (1787),<a name="FNanchor_57_302" id="FNanchor_57_302"></a><a href="#Footnote_57_302" class="fnanchor">57</a> but it was tacitly understood +that the provision of the Northwest Ordinance would not +be applied. In 1798 the bill introduced for the cession of +Mississippi contained a specific declaration that the anti-slavery +clause of 1787 should not be included.<a name="FNanchor_58_303" id="FNanchor_58_303"></a><a href="#Footnote_58_303" class="fnanchor">58</a> The bill passed +the Senate, but caused long and excited debate in the +House.<a name="FNanchor_59_304" id="FNanchor_59_304"></a><a href="#Footnote_59_304" class="fnanchor">59</a> It was argued, on the one hand, that the case in +Mississippi was different from that in the Northwest +Territory, because slavery was a legal institution in all the +surrounding country, and to prohibit the institution was +virtually to prohibit the settling of the country. On the +other hand, Gallatin declared that if this amendment should +not obtain, "he knew not how slaves could be prevented +<!-- Page 92 --><a name="Page_92" id="Page_92"></a><span class="pagenum">92</span>from being introduced by way of New Orleans, by persons +who are not citizens of the United States." It was moved to +strike out the excepting clause; but the motion received +only twelve votes,—an apparent indication that Congress +either did not appreciate the great precedent it was establishing, +or was reprehensibly careless. Harper of South Carolina +then succeeded in building up the Charleston slave-trade +interest by a section forbidding the slave traffic from +"without the limits of the United States." Thatcher moved +to strike out the last clause of this amendment, and thus to +prohibit the interstate trade, but he failed to get a second.<a name="FNanchor_60_305" id="FNanchor_60_305"></a><a href="#Footnote_60_305" class="fnanchor">60</a> +Thus the act passed, punishing the introduction of slaves +from without the country by a fine of $300 for each slave, +and freeing the slave.<a name="FNanchor_61_306" id="FNanchor_61_306"></a><a href="#Footnote_61_306" class="fnanchor">61</a></p> + +<p>In 1804 President Jefferson communicated papers to Congress +on the status of slavery and the slave-trade in Louisiana.<a name="FNanchor_62_307" id="FNanchor_62_307"></a><a href="#Footnote_62_307" class="fnanchor">62</a> +The Spanish had allowed the traffic by edict in 1793, +France had not stopped it, and Governor Claiborne had refrained +from interference. A bill erecting a territorial government +was already pending.<a name="FNanchor_63_308" id="FNanchor_63_308"></a><a href="#Footnote_63_308" class="fnanchor">63</a> The Northern "District of +Louisiana" was placed under the jurisdiction of Indiana Territory, +and was made subject to the provisions of the Ordinance +of 1787. Various attempts were made to amend the part +of the bill referring to the Southern Territory: first, so as completely +to prohibit the slave-trade;<a name="FNanchor_64_309" id="FNanchor_64_309"></a><a href="#Footnote_64_309" class="fnanchor">64</a> then to compel the emancipation +at a certain age of all those imported;<a name="FNanchor_65_310" id="FNanchor_65_310"></a><a href="#Footnote_65_310" class="fnanchor">65</a> next, to +confine all importation to that from the States;<a name="FNanchor_66_311" id="FNanchor_66_311"></a><a href="#Footnote_66_311" class="fnanchor">66</a> and, finally, +to limit it further to slaves imported before South Carolina +opened her ports.<a name="FNanchor_67_312" id="FNanchor_67_312"></a><a href="#Footnote_67_312" class="fnanchor">67</a> The last two amendments prevailed, and +the final act also extended to the Territory the Acts of 1794 +and 1803. Only slaves imported before May 1, 1798, could be +introduced, and those must be slaves of actual settlers.<a name="FNanchor_68_313" id="FNanchor_68_313"></a><a href="#Footnote_68_313" class="fnanchor">68</a> All +<!-- Page 93 --><a name="Page_93" id="Page_93"></a><span class="pagenum">93</span>slaves illegally imported were freed.</p> + +<p>This stringent act was limited to one year. The next year, +in accordance with the urgent petition of the inhabitants, a +bill was introduced against these restrictions.<a name="FNanchor_69_314" id="FNanchor_69_314"></a><a href="#Footnote_69_314" class="fnanchor">69</a> By dexterous +wording, this bill, which became a law March 2, 1805,<a name="FNanchor_70_315" id="FNanchor_70_315"></a><a href="#Footnote_70_315" class="fnanchor">70</a> swept +away all restrictions upon the slave-trade except that relating +to foreign ports, and left even this provision so ambiguous +that, later, by judicial interpretation of the law,<a name="FNanchor_71_316" id="FNanchor_71_316"></a><a href="#Footnote_71_316" class="fnanchor">71</a> the foreign +slave-trade was allowed, at least for a time.</p> + +<p>Such a stream of slaves now poured into the new Territory +that the following year a committee on the matter was appointed +by the House.<a name="FNanchor_72_317" id="FNanchor_72_317"></a><a href="#Footnote_72_317" class="fnanchor">72</a> The committee reported that they +"are in possession of the fact, that African slaves, lately imported +into Charleston, have been thence conveyed into the +territory of Orleans, and, in their opinion, this practice will +be continued to a very great extent, while there is no law to +prevent it."<a name="FNanchor_73_318" id="FNanchor_73_318"></a><a href="#Footnote_73_318" class="fnanchor">73</a> The House ordered a bill checking this to be +prepared; and such a bill was reported, but was soon +dropped.<a name="FNanchor_74_319" id="FNanchor_74_319"></a><a href="#Footnote_74_319" class="fnanchor">74</a> Importations into South Carolina during this time +reached enormous proportions. Senator Smith of that State +declared from official returns that, between 1803 and 1807, +39,075 Negroes were imported into Charleston, most of<!-- Page 94 --><a name="Page_94" id="Page_94"></a><span class="pagenum">94</span> +whom went to the Territories.<a name="FNanchor_75_320" id="FNanchor_75_320"></a><a href="#Footnote_75_320" class="fnanchor">75</a></p> + + +<p>53. <b>Last Attempts at Taxation, 1805–1806.</b> So alarming +did the trade become that North Carolina passed a resolution +in December, 1804,<a name="FNanchor_76_321" id="FNanchor_76_321"></a><a href="#Footnote_76_321" class="fnanchor">76</a> proposing that the States give Congress +power to prohibit the trade. Massachusetts,<a name="FNanchor_77_322" id="FNanchor_77_322"></a><a href="#Footnote_77_322" class="fnanchor">77</a> Vermont,<a name="FNanchor_78_323" id="FNanchor_78_323"></a><a href="#Footnote_78_323" class="fnanchor">78</a> New +Hampshire,<a name="FNanchor_79_324" id="FNanchor_79_324"></a><a href="#Footnote_79_324" class="fnanchor">79</a> and Maryland<a name="FNanchor_80_325" id="FNanchor_80_325"></a><a href="#Footnote_80_325" class="fnanchor">80</a> responded; and a joint resolution +was introduced in the House, proposing as an amendment +to the Constitution "That the Congress of the United +States shall have power to prevent the further importation of +slaves into the United States and the Territories thereof."<a name="FNanchor_81_326" id="FNanchor_81_326"></a><a href="#Footnote_81_326" class="fnanchor">81</a> +Nothing came of this effort; but meantime the project of taxati<!-- Page 95 --><a name="Page_95" id="Page_95"></a><span class="pagenum">95</span>on +was revived. A motion to this effect, made in February, +1805, was referred to a Committee of the Whole, but was not +discussed. Early in the first session of the ninth Congress the +motion of 1805 was renewed; and although again postponed +on the assurance that South Carolina was about to stop the +trade,<a name="FNanchor_82_327" id="FNanchor_82_327"></a><a href="#Footnote_82_327" class="fnanchor">82</a> it finally came up for debate January 20, 1806.<a name="FNanchor_83_328" id="FNanchor_83_328"></a><a href="#Footnote_83_328" class="fnanchor">83</a> Then +occurred a most stubborn legislative battle, which lasted during +the whole session.<a name="FNanchor_84_329" id="FNanchor_84_329"></a><a href="#Footnote_84_329" class="fnanchor">84</a> Several amendments to the motion +were first introduced, so as to make it apply to all immigrants, +and again to all "persons of color." As in the former debate, +it was proposed to substitute a resolution of censure on South +Carolina. All these amendments were lost. A long debate on +the expediency of the measure followed, on the old grounds. +Early of Georgia dwelt especially on the double taxation it +would impose on Georgia; others estimated that a revenue of +one hundred thousand dollars might be derived from the tax, +a sum sufficient to replace the tax on pepper and medicines. +Angry charges and counter-charges were made,—e.g., that +Georgia, though ashamed openly to avow the trade, participated +in it as well as South Carolina. "Some recriminations +ensued between several members, on the participation of the +traders of some of the New England States in carrying on the +slave trade." Finally, January 22, by a vote of 90 to 25, a tax +bill was ordered to be brought in.<a name="FNanchor_85_330" id="FNanchor_85_330"></a><a href="#Footnote_85_330" class="fnanchor">85</a> One was reported on the +27th.<a name="FNanchor_86_331" id="FNanchor_86_331"></a><a href="#Footnote_86_331" class="fnanchor">86</a> Every sort of opposition was resorted to. On the one +hand, attempts were made to amend it so as to prohibit importation +after 1807, and to prevent importation into the Territories; +on the other hand, attempts were made to recommit +and postpone the measure. It finally got a third reading, but +was recommitted to a select committee, and disappeared until +February 14.<a name="FNanchor_87_332" id="FNanchor_87_332"></a><a href="#Footnote_87_332" class="fnanchor">87</a> Being then amended so as to provide for the +forfeiture of smuggled cargoes, but saying nothing as to +the disposition of the slaves, it was again relegated to a +committee, after a vote of 69 to 42 against postponement.<a name="FNanchor_88_333" id="FNanchor_88_333"></a><a href="#Footnote_88_333" class="fnanchor">88</a> On +<!-- Page 96 --><a name="Page_96" id="Page_96"></a><span class="pagenum">96</span>March 4 it appeared again, and a motion to reject it was lost. +Finally, in the midst of the war scare and the question of non-importation +of British goods, the bill was apparently forgotten, +and the last attempt to tax imported slaves ended, like +the others, in failure.</p> + + +<p>54. <b>Key-Note of the Period.</b> One of the last acts of this +period strikes again the key-note which sounded throughout +the whole of it. On February 20, 1806, after considerable opposition, +a bill to prohibit trade with San Domingo passed +the Senate.<a name="FNanchor_89_334" id="FNanchor_89_334"></a><a href="#Footnote_89_334" class="fnanchor">89</a> In the House it was charged by one side that the +measure was dictated by France, and by the other, that it +originated in the fear of countenancing Negro insurrection. +The bill, however, became a law, and by continuations remained +on the statute-books until 1809. Even at that distance +the nightmare of the Haytian insurrection continued to haunt +the South, and a proposal to reopen trade with the island +caused wild John Randolph to point out the "dreadful evil" +of a "direct trade betwixt the town of Charleston and the +ports of the island of St. Domingo."<a name="FNanchor_90_335" id="FNanchor_90_335"></a><a href="#Footnote_90_335" class="fnanchor">90</a></p> + +<p>Of the twenty years from 1787 to 1807 it can only be said +that they were, on the whole, a period of disappointment so +far as the suppression of the slave-trade was concerned. Fear, +interest, and philanthropy united for a time in an effort which +bade fair to suppress the trade; then the real weakness of the +constitutional compromise appeared, and the interests of the +few overcame the fears and the humanity of the many.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_246" id="Footnote_1_246"></a><a href="#FNanchor_1_246"><span class="label">1</span></a> Prince, <i>Digest of the Laws of Georgia</i>, p. 786; Marbury and Crawford, <i>Digest +of the Laws of Georgia</i>, pp. 440, 442. The exact text of this act appears +not to be extant. Section I. is stated to have been "re-enacted by the constitution." +Possibly this act prohibited slaves also, although this is not certain. +Georgia passed several regulative acts between 1755 and 1793. Cf. Renne, <i>Colonial +Acts of Georgia</i>, pp. 73–4, 164, note.</p></div> + +<div class="footnote"><p><a name="Footnote_2_247" id="Footnote_2_247"></a><a href="#FNanchor_2_247"><span class="label">2</span></a> Marbury and Crawford, <i>Digest</i>, p. 30, § 11. The clause was penned by Peter +J. Carnes of Jefferson. Cf. W.B. Stevens, <i>History of Georgia</i> (1847), II. 501.</p></div> + +<div class="footnote"><p><a name="Footnote_3_248" id="Footnote_3_248"></a><a href="#FNanchor_3_248"><span class="label">3</span></a> Grimké, <i>Public Laws</i>, p. 466.</p></div> + +<div class="footnote"><p><a name="Footnote_4_249" id="Footnote_4_249"></a><a href="#FNanchor_4_249"><span class="label">4</span></a> Cooper and McCord, <i>Statutes</i>, VII. 431.</p></div> + +<div class="footnote"><p><a name="Footnote_5_250" id="Footnote_5_250"></a><a href="#FNanchor_5_250"><span class="label">5</span></a> <i>Ibid.</i>, VII. 433–6, 444, 447.</p></div> + +<div class="footnote"><p><a name="Footnote_6_251" id="Footnote_6_251"></a><a href="#FNanchor_6_251"><span class="label">6</span></a> <i>Ibid.</i>, VII. 449.</p></div> + +<div class="footnote"><p><a name="Footnote_7_252" id="Footnote_7_252"></a><a href="#FNanchor_7_252"><span class="label">7</span></a> Martin, <i>Iredell's Acts of Assembly</i>, I. 492.</p></div> + +<div class="footnote"><p><a name="Footnote_8_253" id="Footnote_8_253"></a><a href="#FNanchor_8_253"><span class="label">8</span></a> <i>Ibid.</i>, II. 53.</p></div> + +<div class="footnote"><p><a name="Footnote_9_254" id="Footnote_9_254"></a><a href="#FNanchor_9_254"><span class="label">9</span></a> Cf. <i>Ibid.</i>, II. 94; <i>Laws of North Carolina</i> (revision of 1819), I. 786.</p></div> + +<div class="footnote"><p><a name="Footnote_10_255" id="Footnote_10_255"></a><a href="#FNanchor_10_255"><span class="label">10</span></a> Virginia codified her whole slave legislation in 1792 (<i>Va. Statutes at Large</i>, +New Ser., I. 122), and amended her laws in 1798 and 1806 (<i>Ibid.</i>, III. 251).</p></div> + +<div class="footnote"><p><a name="Footnote_11_256" id="Footnote_11_256"></a><a href="#FNanchor_11_256"><span class="label">11</span></a> Dorsey, <i>Laws of Maryland, 1796</i>, I. 334.</p></div> + +<div class="footnote"><p><a name="Footnote_12_257" id="Footnote_12_257"></a><a href="#FNanchor_12_257"><span class="label">12</span></a> <i>Laws of Delaware, 1797</i> (Newcastle ed.), p. 942, ch. 194 b.</p></div> + +<div class="footnote"><p><a name="Footnote_13_258" id="Footnote_13_258"></a><a href="#FNanchor_13_258"><span class="label">13</span></a> Dallas, <i>Laws</i>, II. 586.</p></div> + +<div class="footnote"><p><a name="Footnote_14_259" id="Footnote_14_259"></a><a href="#FNanchor_14_259"><span class="label">14</span></a> Paterson, <i>Digest of the Laws of New Jersey</i> (1800), pp. 307–13. In 1804 New +Jersey passed an act gradually to abolish slavery. The legislation of New York +at this period was confined to regulating the exportation of slave criminals +(1790), and to passing an act gradually abolishing slavery (1799). In 1801 she +codified all her acts.</p></div> + +<div class="footnote"><p><a name="Footnote_15_260" id="Footnote_15_260"></a><a href="#FNanchor_15_260"><span class="label">15</span></a> <i>Acts and Laws of Connecticut</i> (ed. 1784), pp. 368, 369, 388.</p></div> + +<div class="footnote"><p><a name="Footnote_16_261" id="Footnote_16_261"></a><a href="#FNanchor_16_261"><span class="label">16</span></a> <i>Ibid.</i>, p. 412.</p></div> + +<div class="footnote"><p><a name="Footnote_17_262" id="Footnote_17_262"></a><a href="#FNanchor_17_262"><span class="label">17</span></a> <i>Perpetual Laws of Massachusetts, 1780–89</i>, pp. 235–6.</p></div> + +<div class="footnote"><p><a name="Footnote_18_263" id="Footnote_18_263"></a><a href="#FNanchor_18_263"><span class="label">18</span></a> <i>Queries Respecting Slavery</i>, etc., in <i>Mass. Hist. Soc. Coll.</i>, 1st Ser., IV. 205.</p></div> + +<div class="footnote"><p><a name="Footnote_19_264" id="Footnote_19_264"></a><a href="#FNanchor_19_264"><span class="label">19</span></a> <i>Annals of Cong.</i>, 1 Cong, 1 sess. pp. 336–41.</p></div> + +<div class="footnote"><p><a name="Footnote_20_265" id="Footnote_20_265"></a><a href="#FNanchor_20_265"><span class="label">20</span></a> <i>Annals of Cong.</i>, 1 Cong. 1 sess. p. 903.</p></div> + +<div class="footnote"><p><a name="Footnote_21_266" id="Footnote_21_266"></a><a href="#FNanchor_21_266"><span class="label">21</span></a> <i>Ibid.</i>, 1 Cong. 2 sess. pp. 1182–3.</p></div> + +<div class="footnote"><p><a name="Footnote_22_267" id="Footnote_22_267"></a><a href="#FNanchor_22_267"><span class="label">22</span></a> <i>Journals of Cong., 1782–3</i>, pp. 418–9. Cf. above, pp. 56–57.</p></div> + +<div class="footnote"><p><a name="Footnote_23_268" id="Footnote_23_268"></a><a href="#FNanchor_23_268"><span class="label">23</span></a> <i>Annals of Cong.</i>, 1 Cong. 2 sess. p. 1184.</p></div> + +<div class="footnote"><p><a name="Footnote_24_269" id="Footnote_24_269"></a><a href="#FNanchor_24_269"><span class="label">24</span></a> <i>Ibid.</i>, pp. 1182–91.</p></div> + +<div class="footnote"><p><a name="Footnote_25_270" id="Footnote_25_270"></a><a href="#FNanchor_25_270"><span class="label">25</span></a> <i>Annals of Cong.</i>, 1 Cong. 2 sess. pp. 1197–1205.</p></div> + +<div class="footnote"><p><a name="Footnote_26_271" id="Footnote_26_271"></a><a href="#FNanchor_26_271"><span class="label">26</span></a> <i>House Journal</i> (repr. 1826), 1 Cong. 2 sess. I. 157–8.</p></div> + +<div class="footnote"><p><a name="Footnote_27_272" id="Footnote_27_272"></a><a href="#FNanchor_27_272"><span class="label">27</span></a> <i>Annals of Cong.</i>, I Cong. 2 sess. pp. 1413–7.</p></div> + +<div class="footnote"><p><a name="Footnote_28_273" id="Footnote_28_273"></a><a href="#FNanchor_28_273"><span class="label">28</span></a> For the reports and debates, cf. <i>Annals of Cong.</i>, 1 Cong. 2 sess. pp. +1413–7, 1450–74; <i>House Journal</i> (repr. 1826), 1 Cong. 2 sess. I. 168–81.</p></div> + +<div class="footnote"><p><a name="Footnote_29_274" id="Footnote_29_274"></a><a href="#FNanchor_29_274"><span class="label">29</span></a> A clerical error in the original: "interdict" and "regulate" should be interchanged.</p></div> + +<div class="footnote"><p><a name="Footnote_30_275" id="Footnote_30_275"></a><a href="#FNanchor_30_275"><span class="label">30</span></a> See <i>Memorials presented to Congress</i>, etc. (1792), published by the Pennsylvania +Abolition Society.</p></div> + +<div class="footnote"><p><a name="Footnote_31_276" id="Footnote_31_276"></a><a href="#FNanchor_31_276"><span class="label">31</span></a> From the Virginia petition.</p></div> + +<div class="footnote"><p><a name="Footnote_32_277" id="Footnote_32_277"></a><a href="#FNanchor_32_277"><span class="label">32</span></a> From the petition of Baltimore and other Maryland societies.</p></div> + +<div class="footnote"><p><a name="Footnote_33_278" id="Footnote_33_278"></a><a href="#FNanchor_33_278"><span class="label">33</span></a> From the Providence Abolition Society's petition.</p></div> + +<div class="footnote"><p><a name="Footnote_34_279" id="Footnote_34_279"></a><a href="#FNanchor_34_279"><span class="label">34</span></a> <i>House Journal</i> (repr. 1826), 2 Cong. 2 sess. I. 627–9; <i>Annals of Cong.</i>, 2 +Cong. 2 sess. pp. 728–31.</p></div> + +<div class="footnote"><p><a name="Footnote_35_280" id="Footnote_35_280"></a><a href="#FNanchor_35_280"><span class="label">35</span></a> <i>Annals of Cong.</i>, 3 Cong. 1 sess. pp. 64, 70, 72; <i>House Journal</i> (repr. 1826), +3 Cong. 1 sess. II. 76, 84–5, 96–100; <i>Senate Journal</i> (repr. 1820), 3 Cong. 1 +sess. II. 51.</p></div> + +<div class="footnote"><p><a name="Footnote_36_281" id="Footnote_36_281"></a><a href="#FNanchor_36_281"><span class="label">36</span></a> <i>Statutes at Large</i>, I. 347–9.</p></div> + +<div class="footnote"><p><a name="Footnote_37_282" id="Footnote_37_282"></a><a href="#FNanchor_37_282"><span class="label">37</span></a> <i>Annals of Cong.</i>, 5 Cong. 2 sess. pp. 656–70, 945–1033.</p></div> + +<div class="footnote"><p><a name="Footnote_38_283" id="Footnote_38_283"></a><a href="#FNanchor_38_283"><span class="label">38</span></a> <i>Annals of Cong.</i>, 6 Cong. 1 sess. p. 229.</p></div> + +<div class="footnote"><p><a name="Footnote_39_284" id="Footnote_39_284"></a><a href="#FNanchor_39_284"><span class="label">39</span></a> Dec. 12, 1799: <i>House Journal</i> (repr. 1826), 6 Cong. 1 sess. III. 535. For the +debate, see <i>Annals of Cong.</i>, 6 Cong. 1 sess. pp. 230–45.</p></div> + +<div class="footnote"><p><a name="Footnote_40_285" id="Footnote_40_285"></a><a href="#FNanchor_40_285"><span class="label">40</span></a> <i>Senate Journal</i> (repr. 1821), 6 Cong. 1 sess. III. 72, 77, 88, 92; see <i>Ibid.</i>, +Index, Bill No. 62; <i>House Journal</i> (repr. 1826), 6 Cong. 1 sess. III., Index, +House Bill No. 247. For the debate, see <i>Annals of Cong.</i>, 6 Cong. 1 sess. pp. +686–700.</p></div> + +<div class="footnote"><p><a name="Footnote_41_286" id="Footnote_41_286"></a><a href="#FNanchor_41_286"><span class="label">41</span></a> <i>Annals of Cong.</i>, 6 Cong. 1 sess. p. 697.</p></div> + +<div class="footnote"><p><a name="Footnote_42_287" id="Footnote_42_287"></a><a href="#FNanchor_42_287"><span class="label">42</span></a> <i>Ibid.</i>, p. 699–700.</p></div> + +<div class="footnote"><p><a name="Footnote_43_288" id="Footnote_43_288"></a><a href="#FNanchor_43_288"><span class="label">43</span></a> <i>Statutes at Large</i>, II. 70.</p></div> + +<div class="footnote"><p><a name="Footnote_44_289" id="Footnote_44_289"></a><a href="#FNanchor_44_289"><span class="label">44</span></a> <i>Annals of Cong.</i>, 7 Cong. 2 sess. pp. 385–6.</p></div> + +<div class="footnote"><p><a name="Footnote_45_290" id="Footnote_45_290"></a><a href="#FNanchor_45_290"><span class="label">45</span></a> <i>Ibid.</i>, p. 424.</p></div> + +<div class="footnote"><p><a name="Footnote_46_291" id="Footnote_46_291"></a><a href="#FNanchor_46_291"><span class="label">46</span></a> See House Bills Nos. 89 and 101; <i>Annals of Cong.</i>, 7 Cong. 2 sess. pp. 424, +459–67. For the debate, see <i>Ibid.</i>, pp. 459–72.</p></div> + +<div class="footnote"><p><a name="Footnote_47_292" id="Footnote_47_292"></a><a href="#FNanchor_47_292"><span class="label">47</span></a> <i>Statutes at Large</i>, II. 205.</p></div> + +<div class="footnote"><p><a name="Footnote_48_293" id="Footnote_48_293"></a><a href="#FNanchor_48_293"><span class="label">48</span></a> Cf. Fowler, <i>Local Law in Massachusetts and Connecticut</i>, etc., p. 126.</p></div> + +<div class="footnote"><p><a name="Footnote_49_294" id="Footnote_49_294"></a><a href="#FNanchor_49_294"><span class="label">49</span></a> Speech of S.L. Mitchell of New York, Feb. 14, 1804: <i>Annals of Cong.</i>, 8 +Cong. 1 sess. p. 1000. Cf. also speech of Bedinger: <i>Ibid.</i>, pp. 997–8.</p></div> + +<div class="footnote"><p><a name="Footnote_50_295" id="Footnote_50_295"></a><a href="#FNanchor_50_295"><span class="label">50</span></a> Speech of Lowndes in the House, Feb. 14, 1804: <i>Annals of Cong.</i>, 8 +Cong., 1 sess. p. 992. Cf. Stanton's speech later: <i>Ibid.</i>, 9 Cong. 2 sess. p. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_51_296" id="Footnote_51_296"></a><a href="#FNanchor_51_296"><span class="label">51</span></a> <i>Annals of Cong.</i>, 8 Cong. 1 sess. pp. 820, 876.</p></div> + +<div class="footnote"><p><a name="Footnote_52_297" id="Footnote_52_297"></a><a href="#FNanchor_52_297"><span class="label">52</span></a> <i>Ibid.</i>, pp. 992–1036.</p></div> + +<div class="footnote"><p><a name="Footnote_53_298" id="Footnote_53_298"></a><a href="#FNanchor_53_298"><span class="label">53</span></a> Huger of South Carolina declared that the whole South Carolina Congressional +delegation opposed the repeal of the law, although they maintained +the State's right to do so if she chose: <i>Annals of Cong.</i>, 8 Cong. 1 sess. p. 1005.</p></div> + +<div class="footnote"><p><a name="Footnote_54_299" id="Footnote_54_299"></a><a href="#FNanchor_54_299"><span class="label">54</span></a> <i>Ibid.</i>, pp. 1020–36; <i>House Journal</i> (repr. 1826), 8 Cong. 1 sess. IV 523, 578, +580, 581–5.</p></div> + +<div class="footnote"><p><a name="Footnote_55_300" id="Footnote_55_300"></a><a href="#FNanchor_55_300"><span class="label">55</span></a> On slavery in the Territories, cf. Welling, in <i>Report Amer. Hist. Assoc.</i>, 1891, +pp. 133–60.</p></div> + +<div class="footnote"><p><a name="Footnote_56_301" id="Footnote_56_301"></a><a href="#FNanchor_56_301"><span class="label">56</span></a> <i>Statutes at Large</i>, I. 108.</p></div> + +<div class="footnote"><p><a name="Footnote_57_302" id="Footnote_57_302"></a><a href="#FNanchor_57_302"><span class="label">57</span></a> <i>Journals of Cong.</i>, XII. 137–8.</p></div> + +<div class="footnote"><p><a name="Footnote_58_303" id="Footnote_58_303"></a><a href="#FNanchor_58_303"><span class="label">58</span></a> <i>Annals of Cong.</i>, 5 Cong. 1 sess. pp. 511, 515, 532–3.</p></div> + +<div class="footnote"><p><a name="Footnote_59_304" id="Footnote_59_304"></a><a href="#FNanchor_59_304"><span class="label">59</span></a> <i>Ibid.</i>, 5 Cong. 2 sess. pp. 1235, 1249, 1277–84, 1296–1313.</p></div> + +<div class="footnote"><p><a name="Footnote_60_305" id="Footnote_60_305"></a><a href="#FNanchor_60_305"><span class="label">60</span></a> <i>Annals of Cong.</i>, 5 Cong. 2 sess. p. 1313.</p></div> + +<div class="footnote"><p><a name="Footnote_61_306" id="Footnote_61_306"></a><a href="#FNanchor_61_306"><span class="label">61</span></a> <i>Statutes at Large</i>, I. 549.</p></div> + +<div class="footnote"><p><a name="Footnote_62_307" id="Footnote_62_307"></a><a href="#FNanchor_62_307"><span class="label">62</span></a> <i>Amer. State Papers, Miscellaneous</i>, I. No. 177.</p></div> + +<div class="footnote"><p><a name="Footnote_63_308" id="Footnote_63_308"></a><a href="#FNanchor_63_308"><span class="label">63</span></a> <i>Annals of Cong.</i>, 8 Cong. 1 sess. pp. 106, 211, 223, 231, 233–4, 238.</p></div> + +<div class="footnote"><p><a name="Footnote_64_309" id="Footnote_64_309"></a><a href="#FNanchor_64_309"><span class="label">64</span></a> <i>Ibid.</i>, pp. 240, 1186.</p></div> + +<div class="footnote"><p><a name="Footnote_65_310" id="Footnote_65_310"></a><a href="#FNanchor_65_310"><span class="label">65</span></a> <i>Ibid.</i>, p. 241.</p></div> + +<div class="footnote"><p><a name="Footnote_66_311" id="Footnote_66_311"></a><a href="#FNanchor_66_311"><span class="label">66</span></a> <i>Ibid.</i>, p. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_67_312" id="Footnote_67_312"></a><a href="#FNanchor_67_312"><span class="label">67</span></a> <i>Ibid.</i>, p. 242.</p></div> + +<div class="footnote"><p><a name="Footnote_68_313" id="Footnote_68_313"></a><a href="#FNanchor_68_313"><span class="label">68</span></a> For further proceedings, see <i>Annals of Cong.</i>, 8 Cong. 1 sess. pp. 240–55, +1038–79, 1128–9, 1185–9. For the law, see <i>Statutes at Large</i>, II. 283–9.</p></div> + +<div class="footnote"><p><a name="Footnote_69_314" id="Footnote_69_314"></a><a href="#FNanchor_69_314"><span class="label">69</span></a> First, a bill was introduced applying the Northwest Ordinance to the Territory +(<i>Annals of Cong.</i>, 8 Cong. 2 sess. pp. 45–6); but this was replaced by +a Senate bill (<i>Ibid.</i>, p. 68; <i>Senate Journal</i>, repr. 1821, 8 Cong. 2 sess. III. 464). +For the petition of the inhabitants, see <i>Annals of Cong.</i>, 8 Cong. 2 sess. +p. 727–8.</p></div> + +<div class="footnote"><p><a name="Footnote_70_315" id="Footnote_70_315"></a><a href="#FNanchor_70_315"><span class="label">70</span></a> The bill was hurried through, and there are no records of debate. Cf. +<i>Annals of Cong.</i>, 8 Cong. 2 sess. pp. 28–69, 727, 871, 957, 1016–20, 1213–5. In +<i>Senate Journal</i> (repr. 1821), III., see Index, Bill No. 8. Importation of slaves +was allowed by a clause erecting a Frame of Government "similar" to that of +the Mississippi Territory.</p></div> + +<div class="footnote"><p><a name="Footnote_71_316" id="Footnote_71_316"></a><a href="#FNanchor_71_316"><span class="label">71</span></a> <i>Annals of Cong.</i>, 9 Cong. 1 sess. p. 443. The whole trade was practically +foreign, for the slavers merely entered the Negroes at Charleston and immediately +reshipped them to New Orleans. Cf. <i>Annals of Cong.</i>, 16 Cong. 1 sess. +p. 264.</p></div> + +<div class="footnote"><p><a name="Footnote_72_317" id="Footnote_72_317"></a><a href="#FNanchor_72_317"><span class="label">72</span></a> <i>House Journal</i> (repr. 1826), 9 Cong. 1 sess. V. 264; <i>Annals of Cong.</i>, 9 +Cong. 1 sess. pp. 445, 878.</p></div> + +<div class="footnote"><p><a name="Footnote_73_318" id="Footnote_73_318"></a><a href="#FNanchor_73_318"><span class="label">73</span></a> <i>House Reports</i>, 9 Cong. 1 sess. Feb. 17, 1806.</p></div> + +<div class="footnote"><p><a name="Footnote_74_319" id="Footnote_74_319"></a><a href="#FNanchor_74_319"><span class="label">74</span></a> House Bill No. 123.</p></div> + +<div class="footnote"><p><a name="Footnote_75_320" id="Footnote_75_320"></a><a href="#FNanchor_75_320"><span class="label">75</span></a> <i>Annals of Cong.</i>, 16 Cong. 2 sess. pp. 73–7. This report covers the time +from Jan. 1, 1804, to Dec. 31, 1807. During that time the following was the +number of ships engaged in the traffic:— +</p> + +<table summary=""> +<tr><td>From</td><td align="left">Charleston,</td><td align="right">61</td><td align="left">From</td><td align="left">Connecticut, </td><td align="right">1</td></tr> +<tr><td align="center">"</td><td align="left">Rhode Island,</td><td align="right">59</td><td align="center">"</td><td align="left">Sweden,</td><td align="right">1</td></tr> +<tr><td align="center">"</td><td align="left">Baltimore,</td><td align="right">4</td><td align="center">"</td><td align="left">Great Britain,</td><td align="right"> 70</td></tr> +<tr><td align="center">"</td><td align="left">Boston,</td><td align="right"> 1</td><td align="center">"</td><td align="left">France,</td><td align="right">3</td></tr> +<tr><td align="center">"</td><td align="left">Norfolk,</td><td align="right">2</td><td align="center">"</td><td class="over" align="right" colspan="2">202</td></tr> +<tr><td> </td></tr> +<tr><td colspan="6" align="left">The consignees of these slave ships were natives of</td></tr> +<tr><td align="left">Charleston</td><td align="right" colspan="5">13</td></tr> +<tr><td align="left">Rhode Island</td><td align="right" colspan="5">88</td></tr> +<tr><td align="left">Great Britain</td><td align="right" colspan="5">91</td></tr> +<tr><td align="left">France</td><td align="right" colspan="5">10</td></tr> +<tr><td align="right" colspan="6"><span class="over">202</span></td></tr> +<tr><td> </td></tr> +<tr><td colspan="6" align="left">The following slaves were imported:—</td></tr> +<tr><td align="left">By</td><td align="left">British</td><td align="left">vessels</td><td align="right">19,949</td></tr> +<tr><td align="center">"</td><td align="left">French</td><td align="center">"</td><td align="right">1,078</td></tr> +<tr><td align="right" colspan="4">——</td></tr> +<tr><td align="right" colspan="6">21,027</td></tr> +<tr><td> </td></tr> +<tr><td align="left">By</td><td align="left">American</td><td align="left">vessels:—</td></tr> +<tr><td align="center">"</td><td align="left">Charleston</td><td align="left">merchants</td><td align="right">2,006</td></tr> +<tr><td align="center">"</td><td align="left"> Rhode Island</td><td align="center">"</td><td align="right">7,958</td></tr> +<tr><td align="center">"</td><td align="left">Foreign</td><td align="center">"</td><td align="right">5,717</td></tr> +<tr><td align="center">"</td><td align="left">other Northern</td><td align="center">"</td><td align="right">930</td></tr> +<tr><td align="center">"</td><td align="left">other Southern</td><td align="center">"</td><td class="u" align="right">1,437</td><td class="u" colspan="2" align="right">18,048</td></tr> +<tr><td> </td></tr> +<tr><td align="left" colspan="5">Total number of slaves imported, 1804–7</td><td align="right" colspan="2">39,075</td></tr> +</table> +<p>It is, of course, highly probable that the Custom House returns were much +below the actual figures.</p></div> + +<div class="footnote"><p><a name="Footnote_76_321" id="Footnote_76_321"></a><a href="#FNanchor_76_321"><span class="label">76</span></a> McMaster, <i>History of the People of the United States</i>, III. p. 517.</p></div> + +<div class="footnote"><p><a name="Footnote_77_322" id="Footnote_77_322"></a><a href="#FNanchor_77_322"><span class="label">77</span></a> <i>House Journal</i> (repr. 1826), 8 Cong. 2 sess. V. 171; <i>Mass. Resolves</i>, May, 1802, +to March, 1806, Vol. II. A. (State House ed., p. 239).</p></div> + +<div class="footnote"><p><a name="Footnote_78_323" id="Footnote_78_323"></a><a href="#FNanchor_78_323"><span class="label">78</span></a> <i>House Journal</i> (repr. 1826), 9 Cong. 1 sess. V. 238.</p></div> + +<div class="footnote"><p><a name="Footnote_79_324" id="Footnote_79_324"></a><a href="#FNanchor_79_324"><span class="label">79</span></a> <i>Ibid.</i>, V. 266.</p></div> + +<div class="footnote"><p><a name="Footnote_80_325" id="Footnote_80_325"></a><a href="#FNanchor_80_325"><span class="label">80</span></a> <i>Senate Journal</i> (repr. 1821), 9 Cong. 1 sess. IV. 76, 77, 79.</p></div> + +<div class="footnote"><p><a name="Footnote_81_326" id="Footnote_81_326"></a><a href="#FNanchor_81_326"><span class="label">81</span></a> <i>House Journal</i> (repr. 1826), 8 Cong. 2 sess. V. 171.</p></div> + +<div class="footnote"><p><a name="Footnote_82_327" id="Footnote_82_327"></a><a href="#FNanchor_82_327"><span class="label">82</span></a> <i>Annals of Cong.</i>, 9 Cong. 1 sess. p. 274.</p></div> + +<div class="footnote"><p><a name="Footnote_83_328" id="Footnote_83_328"></a><a href="#FNanchor_83_328"><span class="label">83</span></a> <i>Ibid.</i>, pp. 272–4, 323.</p></div> + +<div class="footnote"><p><a name="Footnote_84_329" id="Footnote_84_329"></a><a href="#FNanchor_84_329"><span class="label">84</span></a> <i>Ibid.</i>, pp. 346–52, 358–75, etc., to 520.</p></div> + +<div class="footnote"><p><a name="Footnote_85_330" id="Footnote_85_330"></a><a href="#FNanchor_85_330"><span class="label">85</span></a> <i>Ibid.</i>, pp. 374–5.</p></div> + +<div class="footnote"><p><a name="Footnote_86_331" id="Footnote_86_331"></a><a href="#FNanchor_86_331"><span class="label">86</span></a> See House Bill No. 94.</p></div> + +<div class="footnote"><p><a name="Footnote_87_332" id="Footnote_87_332"></a><a href="#FNanchor_87_332"><span class="label">87</span></a> <i>Annals of Cong.</i>, 9 Cong. 1 sess. p. 466.</p></div> + +<div class="footnote"><p><a name="Footnote_88_333" id="Footnote_88_333"></a><a href="#FNanchor_88_333"><span class="label">88</span></a> <i>Annals of Cong.</i>, 9 Cong. 1 sess. pp. 519–20.</p></div> + +<div class="footnote"><p><a name="Footnote_89_334" id="Footnote_89_334"></a><a href="#FNanchor_89_334"><span class="label">89</span></a> <i>Ibid.</i>, pp. 21, 52, 75, etc., to 138, 485–515, 1228. See House Bill No. 168. Cf. +<i>Statutes at Large</i>, II. 421–2.</p></div> + +<div class="footnote"><p><a name="Footnote_90_335" id="Footnote_90_335"></a><a href="#FNanchor_90_335"><span class="label">90</span></a> A few months later, at the expiration of the period, trade was quietly +reopened. <i>Annals of Cong.</i>, 11 Cong. 1 sess. pp. 443–6.</p></div> +</div> + + +<hr /> +<p><!-- Page 97 --><a name="Page_97" id="Page_97"></a><span class="pagenum">97</span></p> +<h2><a name="Chapter_VIII" id="Chapter_VIII"></a><i>Chapter VIII</i></h2> + +<h3>THE PERIOD OF ATTEMPTED SUPPRESSION. 1807–1825.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">55. The Act of 1807.</td></tr> +<tr><td align="left">56. The First Question: How shall illegally imported Africans be disposed of?</td></tr> +<tr><td align="left">57. The Second Question: How shall Violations be punished?</td></tr> +<tr><td align="left">58. The Third Question: How shall the Interstate Coastwise Slave-Trade be protected?</td></tr> +<tr><td align="left">59. Legislative History of the Bill.</td></tr> +<tr><td align="left">60. Enforcement of the Act.</td></tr> +<tr><td align="left">61. Evidence of the Continuance of the Trade.</td></tr> +<tr><td align="left">62. Apathy of the Federal Government.</td></tr> +<tr><td align="left">63. Typical Cases.</td></tr> +<tr><td align="left">64. The Supplementary Acts, 1818–1820.</td></tr> +<tr><td align="left">65. Enforcement of the Supplementary Acts, 1818–1825.</td></tr> +</table> + +<p>55. <b>The Act of 1807.</b> The first great goal of anti-slavery effort +in the United States had been, since the Revolution, the +suppression of the slave-trade by national law. It would +hardly be too much to say that the Haytian revolution, in +addition to its influence in the years from 1791 to 1806, was +one of the main causes that rendered the accomplishment of +this aim possible at the earliest constitutional moment. To the +great influence of the fears of the South was added the failure +of the French designs on Louisiana, of which Toussaint +L'Ouverture was the most probable cause. The cession of +Louisiana in 1803 challenged and aroused the North on the +slavery question again; put the Carolina and Georgia slave-traders +in the saddle, to the dismay of the Border States; and +brought the whole slave-trade question vividly before the +public conscience. Another scarcely less potent influence was, +naturally, the great anti-slavery movement in England, which +after a mighty struggle of eighteen years was about to gain its +first victory in the British Act of 1807.</p> + +<p>President Jefferson, in his pacificatory message of December +2, 1806, said: "I congratulate you, fellow-citizens, on the +approach of the period at which you may interpose your +authority constitutionally, to withdraw the citizens of the +United States from all further participation in those violations +of human rights which have been so long continued on the +<!-- Page 98 --><a name="Page_98" id="Page_98"></a><span class="pagenum">98</span>unoffending inhabitants of Africa, and which the morality, +the reputation, and the best interests of our country, have +long been eager to proscribe. Although no law you may pass +can take prohibitory effect till the first day of the year one +thousand eight hundred and eight, yet the intervening period +is not too long to prevent, by timely notice, expeditions +which cannot be completed before that day."<a name="FNanchor_1_336" id="FNanchor_1_336"></a><a href="#Footnote_1_336" class="fnanchor">1</a></p> + +<p>In pursuance of this recommendation, the very next day +Senator Bradley of Vermont introduced into the Senate a bill +which, after a complicated legislative history, became the Act +of March 2, 1807, prohibiting the African slave-trade.<a name="FNanchor_2_337" id="FNanchor_2_337"></a><a href="#Footnote_2_337" class="fnanchor">2</a></p> + +<p>Three main questions were to be settled by this bill: first, +and most prominent, that of the disposal of illegally imported +Africans; second, that of the punishment of those concerned +in the importation; third, that of the proper limitation of the +interstate traffic by water.</p> + +<p>The character of the debate on these three questions, as well +as the state of public opinion, is illustrated by the fact that forty +of the sixty pages of officially reported debates are devoted to +the first question, less than twenty to the second, and only two +to the third. A sad commentary on the previous enforcement of +State and national laws is the readiness with which it was admitted +that wholesale violations of the law would take place; +indeed, Southern men declared that no strict law against the +slave-trade could be executed in the South, and that it was only +by playing on the motives of personal interest that the trade +could be checked. The question of punishment indicated the +slowly changing moral attitude of the South toward the slave +system. Early boldly said, "A large majority of people in the +Southern States do not consider slavery as even an evil."<a name="FNanchor_3_338" id="FNanchor_3_338"></a><a href="#Footnote_3_338" class="fnanchor">3</a> The +South, in fact, insisted on regarding man-stealing as a minor +offence, a "misdemeanor" rather than a "crime." Finally, in the +short and sharp debate on the interstate coastwise trade, the +growing economic side of the slavery question came to +the front, the vested interests' argument was squarely put, and +the future interstate trade almost consciously provided for.</p> +<p><!-- Page 99 --><a name="Page_99" id="Page_99"></a><span class="pagenum">99</span></p> +<p>From these considerations, it is doubtful as to how far it +was expected that the Act of 1807 would check the slave +traffic; at any rate, so far as the South was concerned, there +seemed to be an evident desire to limit the trade, but little +thought that this statute would definitively suppress it.</p> + +<p>56. <b>The First Question: How shall illegally imported Africans +be disposed of?</b> The dozen or more propositions on +the question of the disposal of illegally imported Africans may +be divided into two chief heads, representing two radically +opposed parties: 1. That illegally imported Africans be free, +although they might be indentured for a term of years or removed +from the country. 2. That such Africans be sold as +slaves.<a name="FNanchor_4_339" id="FNanchor_4_339"></a><a href="#Footnote_4_339" class="fnanchor">4</a> The arguments on these two propositions, which +were many and far-reaching, may be roughly divided into +three classes, political, constitutional, and moral.</p> +<p><!-- Page 100 --><a name="Page_100" id="Page_100"></a><span class="pagenum">100</span></p> +<p>The political argument, reduced to its lowest terms, ran +thus: those wishing to free the Negroes illegally imported declared +that to enslave them would be to perpetrate the very +evil which the law was designed to stop. "By the same law," +they said, "we condemn the man-stealer and become the receivers +of his stolen goods. We punish the criminal, and then +step into his place, and complete the crime."<a name="FNanchor_5_340" id="FNanchor_5_340"></a><a href="#Footnote_5_340" class="fnanchor">5</a> They said that +the objection to free Negroes was no valid excuse; for if the +Southern people really feared this class, they would consent +to the imposing of such penalties on illicit traffic as would +stop the importation of a single slave.<a name="FNanchor_6_341" id="FNanchor_6_341"></a><a href="#Footnote_6_341" class="fnanchor">6</a> Moreover, "forfeiture" +and sale of the Negroes implied a property right in them +which did not exist.<a name="FNanchor_7_342" id="FNanchor_7_342"></a><a href="#Footnote_7_342" class="fnanchor">7</a> Waiving this technical point, and allowing +them to be "forfeited" to the government, then the government +should either immediately set them free, or, at the +most, indenture them for a term of years; otherwise, the law +would be an encouragement to violators. "It certainly will +be," said they, "if the importer can find means to evade the +penalty of the act; for there he has all the advantage of a +market enhanced by our ineffectual attempt to prohibit."<a name="FNanchor_8_343" id="FNanchor_8_343"></a><a href="#Footnote_8_343" class="fnanchor">8</a> +They claimed that even the indenturing of the ignorant barbarian +for life was better than slavery; and Sloan declared that +the Northern States would receive the freed Negroes willingly +rather than have them enslaved.<a name="FNanchor_9_344" id="FNanchor_9_344"></a><a href="#Footnote_9_344" class="fnanchor">9</a></p> + +<p>The argument of those who insisted that the Negroes +should be sold was tersely put by Macon: "In adopting our +measures on this subject, we must pass such a law as can be +executed."<a name="FNanchor_10_345" id="FNanchor_10_345"></a><a href="#Footnote_10_345" class="fnanchor">10</a> Early expanded this: "It is a principle in legislation, +as correct as any which has ever prevailed, that to give +effect to laws you must not make them repugnant to the passions +and wishes of the people among whom they are to operate. +How then, in this instance, stands the fact? Do not +gentlemen from every quarter of the Union prove, on the discussion +of every question that has ever arisen in the House, +having the most remote bearing on the giving freedom to the +<!-- Page 101 --><a name="Page_101" id="Page_101"></a><span class="pagenum">101</span>Africans in the bosom of our country, that it has excited the +deepest sensibility in the breasts of those where slavery exists? +And why is this so? It is, because those who, from experience, +know the extent of the evil, believe that the most formidable +aspect in which it can present itself, is by making these people +free among them. Yes, sir, though slavery is an evil, regretted +by every man in the country, to have among us in any considerable +quantity persons of this description, is an evil far +greater than slavery itself. Does any gentleman want proof of +this? I answer that all proof is useless; no fact can be more +notorious. With this belief on the minds of the people where +slavery exists, and where the importation will take place, if at +all, we are about to turn loose in a state of freedom all persons +brought in after the passage of this law. I ask gentlemen +to reflect and say whether such a law, opposed to the ideas, +the passions, the views, and the affections of the people of the +Southern States, can be executed? I tell them, no; it is impossible—why? +Because no man will inform—why? Because to +inform will be to lead to an evil which will be deemed greater +than the offence of which information is given, because it will +be opposed to the principle of self-preservation, and to the +love of family. No, no man will be disposed to jeopard his +life, and the lives of his countrymen. And if no one dare inform, +the whole authority of the Government cannot carry +the law into effect. The whole people will rise up against it. +Why? Because to enforce it would be to turn loose, in the +bosom of the country, firebrands that would consume +them."<a name="FNanchor_11_346" id="FNanchor_11_346"></a><a href="#Footnote_11_346" class="fnanchor">11</a></p> + +<p>This was the more tragic form of the argument; it also had +a mercenary side, which was presented with equal emphasis. +It was repeatedly said that the only way to enforce the law +was to play off individual interests against each other. The +profit from the sale of illegally imported Negroes was declared +to be the only sufficient "inducement to give information +of their importation."<a name="FNanchor_12_347" id="FNanchor_12_347"></a><a href="#Footnote_12_347" class="fnanchor">12</a> "Give up the idea of forfeiture, +and I challenge the gentleman to invent fines, penalties, or +punishments of any sort, sufficient to restrain the slave +trade."<a name="FNanchor_13_348" id="FNanchor_13_348"></a><a href="#Footnote_13_348" class="fnanchor">13</a> If such Negroes be freed, "I tell you that slaves will +<!-- Page 102 --><a name="Page_102" id="Page_102"></a><span class="pagenum">102</span>continue to be imported as heretofore.... You cannot get +hold of the ships employed in this traffic. Besides, slaves will +be brought into Georgia from East Florida. They will be +brought into the Mississippi Territory from the bay of Mobile. +You cannot inflict any other penalty, or devise any other +adequate means of prevention, than a forfeiture of the Africans +in whose possession they may be found after importation."<a name="FNanchor_14_349" id="FNanchor_14_349"></a><a href="#Footnote_14_349" class="fnanchor">14</a> +Then, too, when foreigners smuggled in Negroes, "who then ... could +be operated on, but the purchasers? There was the +rub—it was their interest alone which, by being operated on, +would produce a check. Snap their purse-strings, break open +their strong box, deprive them of their slaves, and by destroying +the temptation to buy, you put an end to the trade, ... nothing +short of a forfeiture of the slave would afford an effectual +remedy."<a name="FNanchor_15_350" id="FNanchor_15_350"></a><a href="#Footnote_15_350" class="fnanchor">15</a> Again, it was argued that it was impossible to +prevent imported Negroes from becoming slaves, or, what was +just as bad, from being sold as vagabonds or indentured for +life.<a name="FNanchor_16_351" id="FNanchor_16_351"></a><a href="#Footnote_16_351" class="fnanchor">16</a> Even our own laws, it was said, recognize the title of the +African slave factor in the transported Negroes; and if the importer +have no title, why do we legislate? Why not let the +African immigrant alone to get on as he may, just as we do +the Irish immigrant?<a name="FNanchor_17_352" id="FNanchor_17_352"></a><a href="#Footnote_17_352" class="fnanchor">17</a> If he should be returned to Africa, his +home could not be found, and he would in all probability +be sold into slavery again.<a name="FNanchor_18_353" id="FNanchor_18_353"></a><a href="#Footnote_18_353" class="fnanchor">18</a></p> + +<p>The constitutional argument was not urged as seriously as +the foregoing; but it had a considerable place. On the one +hand, it was urged that if the Negroes were forfeited, they +were forfeited to the United States government, which could +dispose of them as it saw fit;<a name="FNanchor_19_354" id="FNanchor_19_354"></a><a href="#Footnote_19_354" class="fnanchor">19</a> on the other hand, it was said +that the United States, as owner, was subject to State laws, +and could not free the Negroes contrary to such laws.<a name="FNanchor_20_355" id="FNanchor_20_355"></a><a href="#Footnote_20_355" class="fnanchor">20</a> +Some alleged that the freeing of such Negroes struck at the +title to all slave property;<a name="FNanchor_21_356" id="FNanchor_21_356"></a><a href="#Footnote_21_356" class="fnanchor">21</a> others thought that, as property +<!-- Page 103 --><a name="Page_103" id="Page_103"></a><span class="pagenum">103</span>in slaves was not recognized in the Constitution, it could +not be in a statute.<a name="FNanchor_22_357" id="FNanchor_22_357"></a><a href="#Footnote_22_357" class="fnanchor">22</a> The question also arose as to the source +of the power of Congress over the slave-trade. Southern men +derived it from the clause on commerce, and declared that it +exceeded the power of Congress to declare Negroes imported +into a slave State, free, against the laws of that State; +that Congress could not determine what should or should +not be property in a State.<a name="FNanchor_23_358" id="FNanchor_23_358"></a><a href="#Footnote_23_358" class="fnanchor">23</a> Northern men replied that, according +to this principle, forfeiture and sale in Massachusetts +would be illegal; that the power of Congress over the trade +was derived from the restraining clause, as a non-existent +power could not be restrained; and that the United States +could act under her general powers as executor of the Law +of Nations.<a name="FNanchor_24_359" id="FNanchor_24_359"></a><a href="#Footnote_24_359" class="fnanchor">24</a></p> + +<p>The moral argument as to the disposal of illegally imported +Negroes was interlarded with all the others. On the one side, +it began with the "Rights of Man," and descended to a stickling +for the decent appearance of the statute-book; on the +other side, it began with the uplifting of the heathen, and +descended to a denial of the applicability of moral principles +to the question. Said Holland of North Carolina: "It is admitted +that the condition of the slaves in the Southern States +is much superior to that of those in Africa. Who, then, will +say that the trade is immoral?"<a name="FNanchor_25_360" id="FNanchor_25_360"></a><a href="#Footnote_25_360" class="fnanchor">25</a> But, in fact, "morality has +nothing to do with this traffic,"<a name="FNanchor_26_361" id="FNanchor_26_361"></a><a href="#Footnote_26_361" class="fnanchor">26</a> for, as Joseph Clay declared, +"it must appear to every man of common sense, that the question +could be considered in a commercial point of view +only."<a name="FNanchor_27_362" id="FNanchor_27_362"></a><a href="#Footnote_27_362" class="fnanchor">27</a> The other side declared that, "by the laws of God and +man," these captured Negroes are "entitled to their freedom +as clearly and absolutely as we are;"<a name="FNanchor_28_363" id="FNanchor_28_363"></a><a href="#Footnote_28_363" class="fnanchor">28</a> nevertheless, some were +willing to leave them to the tender mercies of the slave States, +so long as the statute-book was disgraced by no explicit recognition +<!-- Page 104 --><a name="Page_104" id="Page_104"></a><span class="pagenum">104</span>of slavery.<a name="FNanchor_29_364" id="FNanchor_29_364"></a><a href="#Footnote_29_364" class="fnanchor">29</a> Such arguments brought some sharp sarcasm +on those who seemed anxious "to legislate for the honor +and glory of the statute book;"<a name="FNanchor_30_365" id="FNanchor_30_365"></a><a href="#Footnote_30_365" class="fnanchor">30</a> some desired "to know what +honor you will derive from a law that will be broken every +day of your lives."<a name="FNanchor_31_366" id="FNanchor_31_366"></a><a href="#Footnote_31_366" class="fnanchor">31</a> They would rather boldly sell the Negroes +and turn the proceeds over to charity.</p> + +<p>The final settlement of the question was as follows:—</p> + +<div class="blockquot"> +<p>"<span class="smcap">Section 4</span>.... And neither the importer, nor any person or +persons claiming from or under him, shall hold any right or title +whatsoever to any negro, mulatto, or person of color, nor to the +service or labor thereof, who may be imported or brought within +the United States, or territories thereof, in violation of this law, but +the same shall remain subject to any regulations not contravening +the provisions of this act, which the Legislatures of the several States +or Territories at any time hereafter may make, for disposing of any +such negro, mulatto, or person of color."<a name="FNanchor_32_367" id="FNanchor_32_367"></a><a href="#Footnote_32_367" class="fnanchor">32</a></p> +</div> + +<p>57. <b>The Second Question: How shall Violations be punished?</b> +The next point in importance was that of the punishment +of offenders. The half-dozen specific propositions +reduce themselves to two: 1. A violation should be considered +a crime or felony, and be punished by death; 2. A violation +should be considered a misdemeanor, and be punished by fine +and imprisonment.<a name="FNanchor_33_368" id="FNanchor_33_368"></a><a href="#Footnote_33_368" class="fnanchor">33</a></p> + +<p>Advocates of the severer punishment dwelt on the enormity +of the offence. It was "one of the highest crimes man could +<!-- Page 105 --><a name="Page_105" id="Page_105"></a><span class="pagenum">105</span>commit," and "a captain of a ship engaged in this traffic was +guilty of murder."<a name="FNanchor_34_369" id="FNanchor_34_369"></a><a href="#Footnote_34_369" class="fnanchor">34</a> The law of God punished the crime with +death, and any one would rather be hanged than be enslaved.<a name="FNanchor_35_370" id="FNanchor_35_370"></a><a href="#Footnote_35_370" class="fnanchor">35</a> +It was a peculiarly deliberate crime, in which the offender +did not act in sudden passion, but had ample time for +reflection.<a name="FNanchor_36_371" id="FNanchor_36_371"></a><a href="#Footnote_36_371" class="fnanchor">36</a> Then, too, crimes of much less magnitude are +punished with death. Shall we punish the stealer of $50 with +death, and the man-stealer with imprisonment only?<a name="FNanchor_37_372" id="FNanchor_37_372"></a><a href="#Footnote_37_372" class="fnanchor">37</a> Piracy, +forgery, and fraudulent sinking of vessels are punishable with +death, "yet these are crimes only against property; whereas +the importation of slaves, a crime committed against the liberty +of man, and inferior only to murder or treason, is accounted +nothing but a misdemeanor."<a name="FNanchor_38_373" id="FNanchor_38_373"></a><a href="#Footnote_38_373" class="fnanchor">38</a> Here, indeed, lies the +remedy for the evil of freeing illegally imported Negroes,—in +making the penalty so severe that none will be brought in; +if the South is sincere, "they will unite to a man to execute +the law."<a name="FNanchor_39_374" id="FNanchor_39_374"></a><a href="#Footnote_39_374" class="fnanchor">39</a> To free such Negroes is dangerous; to enslave +them, wrong; to return them, impracticable; to indenture +them, difficult,—therefore, by a death penalty, keep them +from being imported.<a name="FNanchor_40_375" id="FNanchor_40_375"></a><a href="#Footnote_40_375" class="fnanchor">40</a> Here the East had a chance to throw +back the taunts of the South, by urging the South to unite +with them in hanging the New England slave-traders, assuring +the South that "so far from charging their Southern +brethren with cruelty or severity in hanging them, they would +acknowledge the favor with gratitude."<a name="FNanchor_41_376" id="FNanchor_41_376"></a><a href="#Footnote_41_376" class="fnanchor">41</a> Finally, if the Southerners +would refuse to execute so severe a law because they +did not consider the offence great, they would probably refuse +to execute any law at all for the same reason.<a name="FNanchor_42_377" id="FNanchor_42_377"></a><a href="#Footnote_42_377" class="fnanchor">42</a></p> + +<p>The opposition answered that the death penalty was more +than proportionate to the crime, and therefore "immoral."<a name="FNanchor_43_378" id="FNanchor_43_378"></a><a href="#Footnote_43_378" class="fnanchor">43</a> "I +<!-- Page 106 --><a name="Page_106" id="Page_106"></a><span class="pagenum">106</span>cannot believe," said Stanton of Rhode Island, "that a man +ought to be hung for only stealing a negro."<a name="FNanchor_44_379" id="FNanchor_44_379"></a><a href="#Footnote_44_379" class="fnanchor">44</a> It was argued +that the trade was after all but a "transfer from one master to +another;"<a name="FNanchor_45_380" id="FNanchor_45_380"></a><a href="#Footnote_45_380" class="fnanchor">45</a> that slavery was worse than the slave-trade, and +the South did not consider slavery a crime: how could it then +punish the trade so severely and not reflect on the institution?<a name="FNanchor_46_381" id="FNanchor_46_381"></a><a href="#Footnote_46_381" class="fnanchor">46</a> +Severity, it was said, was also inexpedient: severity often +increases crime; if the punishment is too great, people +will sympathize with offenders and will not inform against +them. Said Mr. Mosely: "When the penalty is excessive or +disproportioned to the offence, it will naturally create a repugnance +to the law, and render its execution odious."<a name="FNanchor_47_382" id="FNanchor_47_382"></a><a href="#Footnote_47_382" class="fnanchor">47</a> +John Randolph argued against even fine and imprisonment, +"on the ground that such an excessive penalty could not, +in such case, be constitutionally imposed by a Government +possessed of the limited powers of the Government of the +United States."<a name="FNanchor_48_383" id="FNanchor_48_383"></a><a href="#Footnote_48_383" class="fnanchor">48</a></p> + +<p>The bill as passed punished infractions as follows:—</p> +<div class="blockquot"> +<p>For equipping a slaver, a fine of $20,000 and forfeiture of the +ship.</p> + +<p>For transporting Negroes, a fine of $5000 and forfeiture of the +ship and Negroes.</p> + +<p>For transporting and selling Negroes, a fine of $1000 to $10,000, +imprisonment from 5 to 10 years, and forfeiture of the ship and +Negroes.</p> + +<p>For knowingly buying illegally imported Negroes, a fine of $800 +for each Negro, and forfeiture.</p> +</div> + +<p>58. <b>The Third Question: How shall the Interstate +Coastwise Slave-Trade be protected?</b> The first proposition +was to prohibit the coastwise slave-trade altogether,<a name="FNanchor_49_384" id="FNanchor_49_384"></a><a href="#Footnote_49_384" class="fnanchor">49</a> but an +amendment reported to the House allowed it "in any vessel +<!-- Page 107 --><a name="Page_107" id="Page_107"></a><span class="pagenum">107</span>or species of craft whatever." It is probable that the first +proposition would have prevailed, had it not been for the +vehement opposition of Randolph and Early.<a name="FNanchor_50_385" id="FNanchor_50_385"></a><a href="#Footnote_50_385" class="fnanchor">50</a> They probably +foresaw the value which Virginia would derive from this +trade in the future, and consequently Randolph violently declared +that if the amendment did not prevail, "the Southern +people would set the law at defiance. He would begin the +example." He maintained that by the first proposition "the +proprietor of sacred and chartered rights is prevented the +Constitutional use of his property."<a name="FNanchor_51_386" id="FNanchor_51_386"></a><a href="#Footnote_51_386" class="fnanchor">51</a> The Conference Committee +finally arranged a compromise, forbidding the coastwise +trade for purposes of sale in vessels under forty tons.<a name="FNanchor_52_387" id="FNanchor_52_387"></a><a href="#Footnote_52_387" class="fnanchor">52</a> +This did not suit Early, who declared that the law with this +provision "would not prevent the introduction of a single +slave."<a name="FNanchor_53_388" id="FNanchor_53_388"></a><a href="#Footnote_53_388" class="fnanchor">53</a> Randolph, too, would "rather lose the bill, he had +rather lose all the bills of the session, he had rather lose +every bill passed since the establishment of the Government, +than agree to the provision contained in this slave bill."<a name="FNanchor_54_389" id="FNanchor_54_389"></a><a href="#Footnote_54_389" class="fnanchor">54</a> He +predicted the severance of the slave and the free States, if +disunion should ever come. Congress was, however, weary +with the dragging of the bill, and it passed both Houses +with the compromise provision. Randolph was so dissatisfied +that he had a committee appointed the next day, and +introduced an amendatory bill. Both this bill and another +similar one, introduced at the next session, failed of consideration.<a name="FNanchor_55_390" id="FNanchor_55_390"></a><a href="#Footnote_55_390" class="fnanchor">55</a></p> + + +<p>59. <b>Legislative History of the Bill.</b><a name="FNanchor_56_391" id="FNanchor_56_391"></a><a href="#Footnote_56_391" class="fnanchor">56</a> On December 12, +1805, Senator Stephen R. Bradley of Vermont gave notice of +a bill to prohibit the introduction of slaves after 1808. By a +vote of 18 to 9 leave was given, and the bill read a first time +<!-- Page 108 --><a name="Page_108" id="Page_108"></a><span class="pagenum">108</span>on the 17th. On the 18th, however, it was postponed until +"the first Monday in December, 1806." The presidential message +mentioning the matter, Senator Bradley, December 3, +1806, gave notice of a similar bill, which was brought in on +the 8th, and on the 9th referred to a committee consisting of +Bradley, Stone, Giles, Gaillard, and Baldwin. This bill +passed, after some consideration, January 27. It provided, +among other things, that violations of the act should be +felony, punishable with death, and forbade the interstate +coast-trade.<a name="FNanchor_57_392" id="FNanchor_57_392"></a><a href="#Footnote_57_392" class="fnanchor">57</a></p> + +<p>Meantime, in the House, Mr. Bidwell of Massachusetts had +proposed, February 4, 1806, as an amendment to a bill taxing +slaves imported, that importation after December 31, 1807, be +prohibited, on pain of fine and imprisonment and forfeiture +of ship.<a name="FNanchor_58_393" id="FNanchor_58_393"></a><a href="#Footnote_58_393" class="fnanchor">58</a> This was rejected by a vote of 86 to 17. On December +3, 1806, the House, in appointing committees on the message, +"<i>Ordered</i>, That Mr. Early, Mr. Thomas M. Randolph, +Mr. John Campbell, Mr. Kenan, Mr. Cook, Mr. Kelly, and +Mr. Van Rensselaer be appointed a committee" on the slave-trade. +This committee reported a bill on the 15th, which was +considered, but finally, December 18, recommitted. It was reported +in an amended form on the 19th, and amended in +Committee of the Whole so as to make violation a misdemeanor +punishable by fine and imprisonment, instead of a +felony punishable by death.<a name="FNanchor_59_394" id="FNanchor_59_394"></a><a href="#Footnote_59_394" class="fnanchor">59</a> A struggle over the disposal of +the cargo then ensued. A motion by Bidwell to except the +cargo from forfeiture was lost, 77 to 39. Another motion by +Bidwell may be considered the crucial vote on the whole bill: +it was an amendment to the forfeiture clause, and read, <i>"Provided, +that no person shall be sold as a slave by virtue of this act."</i><a name="FNanchor_60_395" id="FNanchor_60_395"></a><a href="#Footnote_60_395" class="fnanchor">60</a> +This resulted in a tie vote, 60 to 60; but the casting vote of<!-- Page 109 --><a name="Page_109" id="Page_109"></a><span class="pagenum">109</span> +the Speaker, Macon of North Carolina, defeated it. New +England voted solidly in favor of it, the Middle States +stood 4 for and 2 against it, and the six Southern States +stood solid against it. On January 8 the bill went again to a +select committee of seventeen, by a vote of 76 to 46. The +bill was reported back amended January 20, and on the 28th +the Senate bill was also presented to the House. On the +9th, 10th, and 11th of February both bills were considered in +Committee of the Whole, and the Senate bill finally replaced +the House bill, after several amendments had been +made.<a name="FNanchor_61_396" id="FNanchor_61_396"></a><a href="#Footnote_61_396" class="fnanchor">61</a> The bill was then passed, by a vote of 113 to 5.<a name="FNanchor_62_397" id="FNanchor_62_397"></a><a href="#Footnote_62_397" class="fnanchor">62</a> The +Senate agreed to the amendments, including that substituting +fine and imprisonment for the death penalty, but asked +for a conference on the provision which left the interstate +coast-trade free. The six conferees succeeded in bringing the +Houses to agree, by limiting the trade to vessels over forty +tons and requiring registry of the slaves.<a name="FNanchor_63_398" id="FNanchor_63_398"></a><a href="#Footnote_63_398" class="fnanchor">63</a></p> + +<p><!-- Page 110 --><a name="Page_110" id="Page_110"></a><span class="pagenum">110</span>The following diagram shows in graphic form the legislative +history of the act:—<a name="FNanchor_64_399" id="FNanchor_64_399"></a><a href="#Footnote_64_399" class="fnanchor">64</a></p> + +<div class="center"> +<table border="0" summary=""> +<tr><td align="right"><i>Senate</i>.</td><td></td><td align="center" colspan="2"><i>1805.</i></td><td align="left"><i>House</i>.</td></tr> +<tr><td align="left">Bradley gives notice.</td><td>—</td><td align="left">Dec.</td><td align='right'>12.</td></tr> +<tr><td align="left">Leave given; bill read.</td><td>—</td><td> </td><td align='right'>17.</td></tr> +<tr><td align="left">Postponed one year.</td><td>—</td><td> </td><td align='right'>18.</td></tr> +<tr><td> </td><td></td><td align="center" colspan="2"><i>1806.</i></td></tr> +<tr><td> </td><td></td><td align="left">Feb.</td><td align='right'>4.</td><td></td><td>—</td><td align="left">Bidwell's amendment.</td></tr> +<tr><td align="left">Notice.</td><td>—</td><td align="left">Dec.</td><td align='right'>3.</td><td></td><td>—</td><td align="left">Committee on</td></tr> +<tr><td align="left">Bill introduced.</td><td>—</td><td> </td><td align='right'>8.</td><td></td><td>|</td><td align="left">slave trade.</td></tr> +<tr><td align="left">Committed.</td><td>|</td><td> </td><td align='right'>9.</td><td></td><td>|</td></tr> +<tr><td></td><td>—</td><td></td><td align="right">15.</td><td></td><td>|</td><td align="left">Bill reported.</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">17.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">18.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">19.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">23.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">29.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">31.</td><td></td><td>|</td></tr> +<tr><td> </td><td>|</td><td align="center" colspan="2"><i>1807.</i></td><td></td><td>|</td></tr> +<tr><td> </td><td>|</td><td align="left">Jan.</td><td align="right">5.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">7.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">8.</td><td></td><td>—</td><td align="left">Read third time; recommitted.</td></tr> +<tr><td align="left">Reported.</td><td>—</td><td> </td><td align='right'>15.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">16.</td><td></td><td>|</td></tr> +<tr><td></td><td>|</td><td></td><td align="right">20.</td><td></td><td>—</td><td align="left">Reported amended.</td></tr> +<tr><td align="left">Third reading.</td><td>—</td><td> </td><td align='right'>26.</td><td></td><td>|</td></tr> +<tr><td align="left">PASSED.</td><td>—</td><td> </td><td align='right'>27.</td><td></td><td>|</td></tr> +<tr><td></td><td>+</td><td>——</td><td>——</td><td>+</td><td>|</td></tr> +<tr><td></td><td></td><td></td><td align="right">28.</td><td>|</td><td>|</td><td align="left">Senate bill reported.</td></tr> +<tr><td> </td><td></td><td align="left">Feb.</td><td align="right">9.</td><td>|</td><td>|</td></tr> +<tr><td></td><td></td><td></td><td align="right">10.</td><td>|</td><td>|</td></tr> +<tr><td></td><td></td><td></td><td align="right">11.</td><td>|</td><td>|</td><td align="left">Senate bill amended.</td></tr> +<tr><td></td><td></td><td></td><td align="right">12.</td><td>|</td><td>|</td></tr> +<tr><td align="left">Reported from House.</td><td></td><td> </td><td align="right">13.</td><td>—</td><td></td><td align="left">PASSED.</td></tr> +<tr><td></td><td>†</td><td>——</td><td>——</td><td>†</td></tr> +<tr><td align="left">Reported to House.</td><td>|</td><td> </td><td align="right">17.</td><td></td><td></td><td align="left">Reported back.</td></tr> +<tr><td></td><td>†</td><td>——</td><td>——</td><td>†</td></tr> +<tr><td></td><td></td><td></td><td align="right">18.</td><td>|</td><td></td><td align="left">House insists; asks conference.</td></tr> +<tr><td></td><td align="right" rowspan="2" valign="middle"><</td><td>——</td><td>——</td><td>+</td></tr> +<tr><td align="left">House asks conference.</td><td>\——\</td><td align="right">/.....</td><td align="left">...../</td></tr> +<tr><td></td><td colspan="2" align="right">....../</td><td align="left">\—</td><td>......</td><td rowspan="2" valign="middle" align="left">></td></tr> +<tr><td colspan="3"></td><td align="center">2 | 5</td><td>.....</td><td align="left">Conference report adopted.</td></tr> +<tr><td align="left">Conference report adopted.</td><td rowspan="2" valign="middle" align="right"><</td><td>..........</td><td align="center">2 | 6</td><td></td></tr> +<tr><td align="left">Bill enrolled.</td><td>.....</td><td align="center">2 | 8</td></tr> +<tr><td> </td><td></td><td align="left">March</td><td align="right">↓2</td></tr> +<tr><td colspan="7" align="center">Signed by the President.</td></tr> +</table></div> + +<p>This bill received the approval of President Jefferson, +March 2, 1807, and became thus the "Act to prohibit the importation +of Slaves into any port or place within the jurisdiction +of the United States, from and after the first day <!-- Page 111 --><a name="Page_111" id="Page_111"></a><span class="pagenum">111</span>of +January, in the year of our Lord one thousand eight +hundred and eight."<a name="FNanchor_65_400" id="FNanchor_65_400"></a><a href="#Footnote_65_400" class="fnanchor">65</a> The debates in the Senate were not reported. +Those in the House were prolonged and bitter, and +hinged especially on the disposal of the slaves, the punishment +of offenders, and the coast-trade. Men were continually +changing their votes, and the bill see-sawed backward and +forward, in committee and out, until the House was thoroughly +worn out. On the whole, the strong anti-slavery +men, like Bidwell and Sloan, were outgeneraled by Southerners, +like Early and Williams; and, considering the immense +moral backing of the anti-slavery party from the +Revolutionary fathers down, the bill of 1807 can hardly be +regarded as a great anti-slavery victory.</p> + + +<p>60. <b>Enforcement of the Act.</b> The period so confidently +looked forward to by the constitutional fathers had at last arrived; +the slave-trade was prohibited, and much oratory and +poetry were expended in celebration of the event. In the face +of this, let us see how the Act of 1807 was enforced and +what it really accomplished. It is noticeable, in the first +place, that there was no especial set of machinery provided +for the enforcement of this act. The work fell first to the +Secretary of the Treasury, as head of the customs collection. +Then, through the activity of cruisers, the Secretary of the +Navy gradually came to have oversight, and eventually the +whole matter was lodged with him, although the Departments +of State and War were more or less active on different +occasions. Later, at the advent of the Lincoln government, +the Department of the Interior was charged with the +enforcement of the slave-trade laws. It would indeed be +surprising if, amid so much uncertainty and shifting of +responsibility, the law were not poorly enforced. Poor enforcement, +moreover, in the years 1808 to 1820 meant far +more than at almost any other period; for these years were, +<!-- Page 112 --><a name="Page_112" id="Page_112"></a><span class="pagenum">112</span>all over the European world, a time of stirring economic +change, and the set which forces might then take would in a +later period be unchangeable without a cataclysm. Perhaps +from 1808 to 1814, in the midst of agitation and war, there +was some excuse for carelessness. From 1814 on, however, no +such palliation existed, and the law was probably enforced as +the people who made it wished it enforced.</p> + +<p>Most of the Southern States rather tardily passed the necessary +supplementary acts disposing of illegally imported Africans. +A few appear not to have passed any. Some of these +laws, like the Alabama-Mississippi Territory Act of 1815,<a name="FNanchor_66_401" id="FNanchor_66_401"></a><a href="#Footnote_66_401" class="fnanchor">66</a> directed +such Negroes to be "sold by the proper officer of the +court, to the highest bidder, at public auction, for ready +money." One-half the proceeds went to the informer or to +the collector of customs, the other half to the public treasury. +Other acts, like that of North Carolina in 1816,<a name="FNanchor_67_402" id="FNanchor_67_402"></a><a href="#Footnote_67_402" class="fnanchor">67</a> directed the +Negroes to "be sold and disposed of for the use of the state." +One-fifth of the proceeds went to the informer. The Georgia +Act of 1817<a name="FNanchor_68_403" id="FNanchor_68_403"></a><a href="#Footnote_68_403" class="fnanchor">68</a> directed that the slaves be either sold or given to +the Colonization Society for transportation, providing the society +reimburse the State for all expense incurred, and pay for +the transportation. In this manner, machinery of somewhat +clumsy build and varying pattern was provided for the carrying +out of the national act.</p> + + +<p>61. <b>Evidence of the Continuance of the Trade.</b> Undoubtedly, +the Act of 1807 came very near being a dead letter. The +testimony supporting this view is voluminous. It consists of +presidential messages, reports of cabinet officers, letters of +collectors of revenue, letters of district attorneys, reports +of committees of Congress, reports of naval commanders, +statements made on the floor of Congress, the testimony of +eye-witnesses, and the complaints of home and foreign anti-slavery +societies.</p> + +<p>"When I was young," writes Mr. Fowler of Connecticut, +"the slave-trade was still carried on, by Connecticut shipmasters +and Merchant adventurers, for the supply of southern +ports. This trade was carried on by the consent o<!-- Page 113 --><a name="Page_113" id="Page_113"></a><span class="pagenum">113</span>f the +Southern States, under the provisions of the Federal Constitution, +until 1808, and, after that time, clandestinely. There +was a good deal of conversation on the subject, in private +circles." Other States were said to be even more involved +than Connecticut.<a name="FNanchor_69_404" id="FNanchor_69_404"></a><a href="#Footnote_69_404" class="fnanchor">69</a> The African Society of London estimated +that, down to 1816, fifteen of the sixty thousand +slaves annually taken from Africa were shipped by Americans. +"Notwithstanding the prohibitory act of America, +which was passed in 1807, ships bearing the American flag +continued to trade for slaves until 1809, when, in consequence +of a decision in the English prize appeal courts, +which rendered American slave ships liable to capture and +condemnation, that flag suddenly disappeared from the +coast. Its place was almost instantaneously supplied by the +Spanish flag, which, with one or two exceptions, was now +seen for the first time on the African coast, engaged in covering +the slave trade. This sudden substitution of the Spanish +for the American flag seemed to confirm what was +established in a variety of instances by more direct testimony, +that the slave trade, which now, for the first time, +assumed a Spanish dress, was in reality only the trade of +other nations in disguise."<a name="FNanchor_70_405" id="FNanchor_70_405"></a><a href="#Footnote_70_405" class="fnanchor">70</a></p> + +<p>So notorious did the participation of Americans in the +traffic become, that President Madison informed Congress +in his message, December 5, 1810, that "it appears that +American citizens are instrumental in carrying on a traffic in +enslaved Africans, equally in violation of the laws of humanity, +and in defiance of those of their own country. The +same just and benevolent motives which produced the interdiction +in force against this criminal conduct, will doubtless +be felt by Congress, in devising further means of +suppressing the evil."<a name="FNanchor_71_406" id="FNanchor_71_406"></a><a href="#Footnote_71_406" class="fnanchor">71</a> The Secretary of the Navy wrote +the same year to Charleston, South Carolina: "I hear, not +without great concern, that the law prohibiting the importation +of slaves has been violated in frequent instances, +near St. Mary's."<a name="FNanchor_72_407" id="FNanchor_72_407"></a><a href="#Footnote_72_407" class="fnanchor">72</a> Testimony as to violations of the law and +<!-- Page 114 --><a name="Page_114" id="Page_114"></a><span class="pagenum">114</span>suggestions for improving it also came in from district +attorneys.<a name="FNanchor_73_408" id="FNanchor_73_408"></a><a href="#Footnote_73_408" class="fnanchor">73</a></p> + +<p>The method of introducing Negroes was simple. A slave +smuggler says: "After resting a few days at St. Augustine, ... +I agreed to accompany Diego on a land trip +through the United States, where a <i>kaffle</i> of negroes was to +precede us, for whose disposal the shrewd Portuguese had +already made arrangements with my uncle's consignees. I +soon learned how readily, and at what profits, the Florida +negroes were sold into the neighboring American States. +The <i>kaffle</i>, under charge of negro drivers, was to strike up +the Escambia River, and thence cross the boundary into +Georgia, where some of our wild Africans were mixed with +various squads of native blacks, and driven inland, till sold +off, singly or by couples, on the road. At this period [1812], +the United States had declared the African slave trade illegal, +and passed stringent laws to prevent the importation of +negroes; yet the Spanish possessions were thriving on this +inland exchange of negroes and mulattoes; Florida was a +sort of nursery for slave-breeders, and many American +citizens grew rich by trafficking in Guinea negroes, and +smuggling them continually, in small parties, through the +southern United States. At the time I mention, the business +was a lively one, owing to the war then going on between +the States and England, and the unsettled condition of affairs +on the border."<a name="FNanchor_74_409" id="FNanchor_74_409"></a><a href="#Footnote_74_409" class="fnanchor">74</a></p> + +<p>The Spanish flag continued to cover American slave-traders. +The rapid rise of privateering during the war was not +caused solely by patriotic motives; for many armed ships fitted +out in the United States obtained a thin Spanish disguise +at Havana, and transported thousands of slaves to Brazil and +the West Indies. Sometimes all disguise was thrown aside, and +the American flag appeared on the slave coast, as in the cases +of the "Paz,"<a name="FNanchor_75_410" id="FNanchor_75_410"></a><a href="#Footnote_75_410" class="fnanchor">75</a> the "Rebecca," the "Rosa"<a name="FNanchor_76_411" id="FNanchor_76_411"></a><a href="#Footnote_76_411" class="fnanchor">76</a> (formerly the privateer +<!-- Page 115 --><a name="Page_115" id="Page_115"></a><span class="pagenum">115</span>"Commodore Perry"), the "Dorset" of Baltimore,<a name="FNanchor_77_412" id="FNanchor_77_412"></a><a href="#Footnote_77_412" class="fnanchor">77</a> and +the "Saucy Jack."<a name="FNanchor_78_413" id="FNanchor_78_413"></a><a href="#Footnote_78_413" class="fnanchor">78</a> Governor McCarthy of Sierra Leone +wrote, in 1817: "The slave trade is carried on most vigorously +by the Spaniards, Portuguese, Americans and French. I have +had it affirmed from several quarters, and do believe it to be +a fact, that there is a greater number of vessels employed in +that traffic than at any former period."<a name="FNanchor_79_414" id="FNanchor_79_414"></a><a href="#Footnote_79_414" class="fnanchor">79</a></p> + + +<p>62. <b>Apathy of the Federal Government.</b> The United +States cruisers succeeded now and then in capturing a slaver, +like the "Eugene," which was taken when within four miles +of the New Orleans bar.<a name="FNanchor_80_415" id="FNanchor_80_415"></a><a href="#Footnote_80_415" class="fnanchor">80</a> President Madison again, in 1816, +urged Congress to act on account of the "violations and evasions +which, it is suggested, are chargeable on unworthy citizens, +who mingle in the slave trade under foreign flags, and +with foreign ports; and by collusive importations of slaves +into the United States, through adjoining ports and territories."<a name="FNanchor_81_416" id="FNanchor_81_416"></a><a href="#Footnote_81_416" class="fnanchor">81</a> +The executive was continually in receipt of ample evidence +of this illicit trade and of the helplessness of officers of +the law. In 1817 it was reported to the Secretary of the Navy +that most of the goods carried to Galveston were brought +into the United States; "the more valuable, and the slaves are +smuggled in through the numerous inlets to the westward, +where the people are but too much disposed to render them +every possible assistance. Several hundred slaves are now at +Galveston, and persons have gone from New-Orleans to +purchase them. Every exertion will be made to intercept them, +<!-- Page 116 --><a name="Page_116" id="Page_116"></a><span class="pagenum">116</span>but I have little hopes of success."<a name="FNanchor_82_417" id="FNanchor_82_417"></a><a href="#Footnote_82_417" class="fnanchor">82</a> Similar letters from naval +officers and collectors showed that a system of slave piracy +had arisen since the war, and that at Galveston there was an +establishment of organized brigands, who did not go to the +trouble of sailing to Africa for their slaves, but simply captured +slavers and sold their cargoes into the United States. +This Galveston nest had, in 1817, eleven armed vessels to prosecute +the work, and "the most shameful violations of the slave +act, as well as our revenue laws, continue to be practised."<a name="FNanchor_83_418" id="FNanchor_83_418"></a><a href="#Footnote_83_418" class="fnanchor">83</a> +Cargoes of as many as three hundred slaves were arriving in +Texas. All this took place under Aury, the buccaneer governor; +and when he removed to Amelia Island in 1817 with the +McGregor raid, the illicit traffic in slaves, which had been +going on there for years,<a name="FNanchor_84_419" id="FNanchor_84_419"></a><a href="#Footnote_84_419" class="fnanchor">84</a> took an impulse that brought it +even to the somewhat deaf ears of Collector Bullock. He reported, +May 22, 1817: "I have just received information from +a source on which I can implicitly rely, that it has already +become the practice to introduce into the state of Georgia, +across the St. Mary's River, from Amelia Island, East Florida, +Africans, who have been carried into the Port of Fernandina, +subsequent to the capture of it by the Patriot army +now in possession of it ...; were the legislature to pass an +act giving compensation in some manner to informers, it +would have a tendency in a great degree to prevent the practice; +as the thing now is, no citizen will take the trouble of +searching for and detecting the slaves. I further understand, +that the evil will not be confined altogether to Africans, but +will be extended to the worst class of West India slaves."<a name="FNanchor_85_420" id="FNanchor_85_420"></a><a href="#Footnote_85_420" class="fnanchor">85</a></p> +<p><!-- Page 117 --><a name="Page_117" id="Page_117"></a><span class="pagenum">117</span></p> +<p>Undoubtedly, the injury done by these pirates to the regular +slave-trading interests was largely instrumental in exterminating +them. Late in 1817 United States troops seized Amelia +Island, and President Monroe felicitated Congress and the +country upon escaping the "annoyance and injury" of this +illicit trade.<a name="FNanchor_86_421" id="FNanchor_86_421"></a><a href="#Footnote_86_421" class="fnanchor">86</a> The trade, however, seems to have continued, +as is shown by such letters as the following, written three and +a half months later:—</p> + +<div class="blockquot"> +<p class="right"><span class="smcap">Port of Darien</span>, March 14, 1818.</p> + +<p>... It is a painful duty, sir, to express to you, that I am in possession +of undoubted information, that African and West India negroes +are almost daily illicitly introduced into Georgia, for sale or +settlement, or passing through it to the territories of the United +States for similar purposes; these facts are notorious; and it is not +unusual to see such negroes in the streets of St. Mary's, and such +too, recently captured by our vessels of war, and ordered to Savannah, +were illegally bartered by hundreds in that city, <i>for</i> this bartering +or bonding (as <i>it is called</i>, but in reality <i>selling</i>,) actually took +place before any decision had [been] passed by the court respecting +them. I cannot but again express to you, sir, that these irregularities +and mocking of the laws, by men who understand them, and who, +it was presumed, would have respected them, are such, that it requires +the immediate interposition of Congress to effect a suppression +of this traffic; for, as things are, should a faithful officer of the +government apprehend such negroes, to avoid the penalties imposed +by the laws, the proprietors disclaim them, and some agent of the +executive demands a delivery of the same to him, who may employ +them as he pleases, or effect a sale by way of a bond, for the restoration +of the negroes when legally called on so to do; which bond, +it is <i>understood</i>, is to be <i>forfeited</i>, as the amount of the bond is so +much less than the value of the property.... There are many negroes +... recently introduced into this state and the Alabama territory, +and which can be apprehended. The undertaking would be +great; but to be sensible that we shall possess your approbation, and +that we are carrying the views and wishes of the government into +execution, is all we wish, and it shall be done, independent of every +personal consideration.</p> + +<p class="center">I have, etc.<a name="FNanchor_87_422" id="FNanchor_87_422"></a><a href="#Footnote_87_422" class="fnanchor">87</a></p> +</div> + +<p>This "approbation" failed to come to the zealous collector, +and on the 5th of July he wrote that, "not being favored with +<!-- Page 118 --><a name="Page_118" id="Page_118"></a><span class="pagenum">118</span>a reply," he has been obliged to deliver over to the governor's +agents ninety-one illegally imported Negroes.<a name="FNanchor_88_423" id="FNanchor_88_423"></a><a href="#Footnote_88_423" class="fnanchor">88</a> Reports from +other districts corroborate this testimony. The collector at +Mobile writes of strange proceedings on the part of the +courts.<a name="FNanchor_89_424" id="FNanchor_89_424"></a><a href="#Footnote_89_424" class="fnanchor">89</a> General D.B. Mitchell, ex-governor of Georgia and +United States Indian agent, after an investigation in 1821 by +Attorney-General Wirt, was found "guilty of having prostituted +his power, as agent for Indian affairs at the Creek +agency, to the purpose of aiding and assisting in a conscious +breach of the act of Congress of 1807, in prohibition of the +slave trade—and this from mercenary motives."<a name="FNanchor_90_425" id="FNanchor_90_425"></a><a href="#Footnote_90_425" class="fnanchor">90</a> The indefatigable +Collector Chew of New Orleans wrote to Washington +that, "to put a stop to that traffic, a naval force suitable +to those waters is indispensable," and that "vast numbers of +slaves will be introduced to an alarming extent, unless prompt +and effectual measures are adopted by the general government."<a name="FNanchor_91_426" id="FNanchor_91_426"></a><a href="#Footnote_91_426" class="fnanchor">91</a> +Other collectors continually reported infractions, +complaining that they could get no assistance from the +citizens,<a name="FNanchor_92_427" id="FNanchor_92_427"></a><a href="#Footnote_92_427" class="fnanchor">92</a> or plaintively asking the services of "one small +cutter."<a name="FNanchor_93_428" id="FNanchor_93_428"></a><a href="#Footnote_93_428" class="fnanchor">93</a></p> + +<p>Meantime, what was the response of the government to +such representations, and what efforts were made to enforce +the act? A few unsystematic and spasmodic attempts are recorded. +In 1811 some special instructions were sent out,<a name="FNanchor_94_429" id="FNanchor_94_429"></a><a href="#Footnote_94_429" class="fnanchor">94</a> and +the President was authorized to seize Amelia Island.<a name="FNanchor_95_430" id="FNanchor_95_430"></a><a href="#Footnote_95_430" class="fnanchor">95</a> Then +came the war; and as late as November 15, 1818, in spite of the +complaints of collectors, we find no revenue cutter on the +Gulf coast.<a name="FNanchor_96_431" id="FNanchor_96_431"></a><a href="#Footnote_96_431" class="fnanchor">96</a> During the years 1817 and 1818<a name="FNanchor_97_432" id="FNanchor_97_432"></a><a href="#Footnote_97_432" class="fnanchor">97</a> some cruisers +went there irregularly, but they were too large to be effective; +<!-- Page 119 --><a name="Page_119" id="Page_119"></a><span class="pagenum">119</span>and the partial suppression of the Amelia Island pirates was +all that was accomplished. On the whole, the efforts of the +government lacked plan, energy, and often sincerity. Some +captures of slavers were made;<a name="FNanchor_98_433" id="FNanchor_98_433"></a><a href="#Footnote_98_433" class="fnanchor">98</a> but, as the collector at Mobile +wrote, anent certain cases, "this was owing rather to accident, +than any well-timed arrangement." He adds: "from the Chandalier +Islands to the Perdido river, including the coast, and +numerous other islands, we have only a small boat, with four +men and an inspector, to oppose to the whole confederacy of +smugglers and pirates."<a name="FNanchor_99_434" id="FNanchor_99_434"></a><a href="#Footnote_99_434" class="fnanchor">99</a></p> + +<p>To cap the climax, the government officials were so negligent +that Secretary Crawford, in 1820, confessed to Congress +that "it appears, from an examination of the records of this +office, that no particular instructions have ever been given, by +the Secretary of the Treasury, under the original or supplementary +acts prohibiting the introduction of slaves into the +United States."<a name="FNanchor_100_435" id="FNanchor_100_435"></a><a href="#Footnote_100_435" class="fnanchor">100</a> Beside this inactivity, the government was +criminally negligent in not prosecuting and punishing offenders +when captured. Urgent appeals for instruction from +prosecuting attorneys were too often received in official silence; +complaints as to the violation of law by State officers +went unheeded;<a name="FNanchor_101_436" id="FNanchor_101_436"></a><a href="#Footnote_101_436" class="fnanchor">101</a> informers were unprotected and sometimes +driven from home.<a name="FNanchor_102_437" id="FNanchor_102_437"></a><a href="#Footnote_102_437" class="fnanchor">102</a> Indeed, the most severe comment +on the whole period is the report, January 7, 1819, of the +Register of the Treasury, who, after the wholesale and open +violation of the Act of 1807, reported, in response to a request +from the House, "that it doth not appear, from an +examination of the records of this office, and particularly +of the accounts (to the date of their last settlement) of the +collectors of the customs, and of the several marshals of the +<!-- Page 120 --><a name="Page_120" id="Page_120"></a><span class="pagenum">120</span>United States, that any forfeitures had been incurred under +the said act."<a name="FNanchor_103_438" id="FNanchor_103_438"></a><a href="#Footnote_103_438" class="fnanchor">103</a></p> + +<p>63. <b>Typical Cases.</b> At this date (January 7, 1819), however, +certain cases were stated to be pending, a history of which +will fitly conclude this discussion. In 1818 three American +schooners sailed from the United States to Havana; on June +2 they started back with cargoes aggregating one hundred and +seven slaves. The schooner "Constitution" was captured by +one of Andrew Jackson's officers under the guns of Fort Barancas. +The "Louisa" and "Marino" were captured by Lieutenant +McKeever of the United States Navy. The three vessels +were duly proceeded against at Mobile, and the case began +slowly to drag along. The slaves, instead of being put under +the care of the zealous marshal of the district, were placed in +the hands of three bondsmen, friends of the judge. The marshal +notified the government of this irregularity, but apparently +received no answer. In 1822 the three vessels were +condemned as forfeited, but the court "reserved" for future +order the distribution of the slaves. Nothing whatever either +then or later was done to the slave-traders themselves. The +owners of the ships promptly appealed to the Supreme Court +of the United States, and that tribunal, in 1824, condemned +the three vessels and the slaves on two of them.<a name="FNanchor_104_439" id="FNanchor_104_439"></a><a href="#Footnote_104_439" class="fnanchor">104</a> These slaves, +considerably reduced in number "from various causes," were +sold at auction for the benefit of the State, in spite of the Act +of 1819. Meantime, before the decision of the Supreme Court, +the judge of the Supreme Court of West Florida had awarded +to certain alleged Spanish claimants of the slaves indemnity +for nearly the whole number seized, at the price of $650 per +head, and the Secretary of the Treasury had actually paid the +claim.<a name="FNanchor_105_440" id="FNanchor_105_440"></a><a href="#Footnote_105_440" class="fnanchor">105</a> In 1826 Lieutenant McKeever urgently petitions Congress +for his prize-money of $4,415.15, which he has not yet<!-- Page 121 --><a name="Page_121" id="Page_121"></a><span class="pagenum">121</span> +received.<a name="FNanchor_106_441" id="FNanchor_106_441"></a><a href="#Footnote_106_441" class="fnanchor">106</a> The "Constitution" was for some inexplicable reason +released from bond, and the whole case fades in a very +thick cloud of official mist. In 1831 Congress sought to inquire +into the final disposition of the slaves. The information given +was never printed; but as late as 1836 a certain Calvin Mickle +petitions Congress for reimbursement for the slaves sold, for +their hire, for their natural increase, for expenses incurred, +and for damages.<a name="FNanchor_107_442" id="FNanchor_107_442"></a><a href="#Footnote_107_442" class="fnanchor">107</a></p> + + +<p>64. <b>The Supplementary Acts, 1818–1820.</b> To remedy the +obvious defects of the Act of 1807 two courses were possible: +one, to minimize the crime of transportation, and, by encouraging +informers, to concentrate efforts against the buying of +smuggled slaves; the other, to make the crime of transportation +so great that no slaves would be imported. The Act of +1818 tried the first method; that of 1819, the second.<a name="FNanchor_108_443" id="FNanchor_108_443"></a><a href="#Footnote_108_443" class="fnanchor">108</a> The latter +was obviously the more upright and logical, and the only +method deserving thought even in 1807; but the Act of 1818 +was the natural descendant of that series of compromises +which began in the Constitutional Convention, and which, +instead of postponing the settlement of critical questions to +more favorable times, rather aggravated and complicated +them.</p> + +<p>The immediate cause of the Act of 1818 was the Amelia Island +scandal.<a name="FNanchor_113_448" id="FNanchor_113_448"></a><a href="#Footnote_113_448" class="fnanchor">113</a> Committees in both Houses reported bills, but +that of the Senate finally passed. There does not appear to +<!-- Page 122 --><a name="Page_122" id="Page_122"></a><span class="pagenum">122</span>have been very much debate.<a name="FNanchor_110_445" id="FNanchor_110_445"></a><a href="#Footnote_110_445" class="fnanchor">110</a> The sale of Africans for the +benefit of the informer and of the United States was strongly +urged "as the only means of executing the laws against the +slave trade as experience had fully demonstrated since the origin +of the prohibition."<a name="FNanchor_111_446" id="FNanchor_111_446"></a><a href="#Footnote_111_446" class="fnanchor">111</a> This proposition was naturally opposed +as "inconsistent with the principles of our Government, +and calculated to throw as wide open the door to the importation +of slaves as it was before the existing prohibition."<a name="FNanchor_112_447" id="FNanchor_112_447"></a><a href="#Footnote_112_447" class="fnanchor">112</a> +The act, which became a law April 20, 1818,<a name="FNanchor_109_444" id="FNanchor_109_444"></a><a href="#Footnote_109_444" class="fnanchor">109</a> was a poorly +constructed compromise, which virtually acknowledged the +failure of efforts to control the trade, and sought to remedy +defects by pitting cupidity against cupidity, informer against +thief. One-half of all forfeitures and fines were to go to +the informer, and penalties for violation were changed as +follows:—</p> + +<p>For equipping a slaver, instead of a fine of $20,000, a fine of +$1000 to $5000 and imprisonment from 3 to 7 years.</p> + +<p>For transporting Negroes, instead of a fine of $5000 and forfeiture +of ship and Negroes, a fine of $1000 to $5000 and imprisonment +from 3 to 7 years.</p> + +<p>For actual importation, instead of a fine of $1000 to $10,000 and +imprisonment from 5 to 10 years, a fine of $1000 to $10,000, and +<!-- Page 123 --><a name="Page_123" id="Page_123"></a><span class="pagenum">123</span>imprisonment from 3 to 7 years.</p> + +<p>For knowingly buying illegally imported Negroes, instead of a fine +of $800 for each Negro and forfeiture, a fine of $1000 for each +Negro.</p> + +<p>The burden of proof was laid on the defendant, to the extent +that he must prove that the slave in question had been +imported at least five years before the prosecution. The slaves +were still left to the disposal of the States.</p> + +<p>This statute was, of course, a failure from the start,<a name="FNanchor_114_449" id="FNanchor_114_449"></a><a href="#Footnote_114_449" class="fnanchor">114</a> and +at the very next session Congress took steps to revise it. A +bill was reported in the House, January 13, 1819, but it was +not discussed till March.<a name="FNanchor_115_450" id="FNanchor_115_450"></a><a href="#Footnote_115_450" class="fnanchor">115</a> It finally passed, after "much debate."<a name="FNanchor_116_451" id="FNanchor_116_451"></a><a href="#Footnote_116_451" class="fnanchor">116</a> +The Senate dropped its own bill, and, after striking +out the provision for the death penalty, passed the bill as it +came from the House.<a name="FNanchor_117_452" id="FNanchor_117_452"></a><a href="#Footnote_117_452" class="fnanchor">117</a> The House acquiesced, and the bill +became a law, March 3, 1819,<a name="FNanchor_118_453" id="FNanchor_118_453"></a><a href="#Footnote_118_453" class="fnanchor">118</a> in the midst of the Missouri +trouble. This act directed the President to use armed +cruisers on the coasts of the United States and Africa to +suppress the slave-trade; one-half the proceeds of the +condemned ship were to go to the captors as bounty, provided +the Africans were safely lodged with a United States +marshal and the crew with the civil authorities. These provisions +were seriously marred by a proviso which Butler of +Louisiana, had inserted, with a "due regard for the interests +of the State which he represented," viz., that a captured +slaver must always be returned to the port whence she +<!-- Page 124 --><a name="Page_124" id="Page_124"></a><span class="pagenum">124</span>sailed.<a name="FNanchor_119_454" id="FNanchor_119_454"></a><a href="#Footnote_119_454" class="fnanchor">119</a> This, of course, secured decided advantages to +Southern slave-traders. The most radical provision of the act +was that which directed the President to "make such regulations +and arrangements as he may deem expedient for the +safe keeping, support, and removal beyond the limits of the +United States, of all such negroes, mulattoes, or persons of +colour, as may be so delivered and brought within their jurisdiction;" +and to appoint an agent in Africa to receive +such Negroes.<a name="FNanchor_120_455" id="FNanchor_120_455"></a><a href="#Footnote_120_455" class="fnanchor">120</a> Finally, an appropriation of $100,000 was +made to enforce the act.<a name="FNanchor_121_456" id="FNanchor_121_456"></a><a href="#Footnote_121_456" class="fnanchor">121</a> This act was in some measure due +to the new colonization movement; and the return of Africans +recaptured was a distinct recognition of its efforts, and +the real foundation of Liberia.</p> + +<p>To render this straightforward act effective, it was necessary +to add but one measure, and that was a penalty commensurate +with the crime of slave stealing. This was accomplished +by the Act of May 15, 1820,<a name="FNanchor_122_457" id="FNanchor_122_457"></a><a href="#Footnote_122_457" class="fnanchor">122</a> a law which may be regarded as +the last of the Missouri Compromise measures. The act originated +from the various bills on piracy which were introduced +early in the sixteenth Congress. The House bill, in spite of +opposition, was amended so as to include slave-trading under +piracy, and passed. The Senate agreed without a division. +<!-- Page 125 --><a name="Page_125" id="Page_125"></a><span class="pagenum">125</span>This law provided that direct participation in the slave-trade +should be piracy, punishable with death.<a name="FNanchor_123_458" id="FNanchor_123_458"></a><a href="#Footnote_123_458" class="fnanchor">123</a></p> + +<table summary=""> +<tr> +<th colspan="2">STATUTES AT LARGE. </th><th colspan="2">DATE. </th><th>AMOUNT<br />APPROPRIATED.</th> +</tr> +<tr><th>VOL.</th><th>PAGE </th> +</tr> +<tr> +<td align="left">III.</td><td align="left">533–4</td><td align="left">March</td><td align="right">3, 1819</td><td align="right">$100,000</td></tr> +<tr><td align="center">"</td><td align="left">764</td><td align="left">"</td><td align="right">3, 1823</td><td align="right">50,000</td></tr> +<tr> +<td align="left">IIV.</td><td align="left">141</td><td align="left">"</td><td align="right">14, 1826</td><td align="right">32,000</td></tr> +<tr><td align="center">"</td><td align="left">208</td><td align="left">March </td><td align="right">2, 1827</td><td align="right">36,710<br />20,000</td></tr> +<tr><td align="center">"</td><td align="left">302</td><td align="left">May</td><td align="right">24, 1828</td><td align="right">30,000</td></tr> +<tr><td align="center">"</td><td align="left">354</td><td align="left">March</td><td align="right">2, 1829 </td><td align="right">16,000</td></tr> +<tr><td align="center">"</td><td align="left">462</td><td align="left">"</td><td align="right">2, 1831</td><td align="right">16,000</td></tr> +<tr><td align="center">"</td><td align="left">615</td><td align="left">Feb.</td><td align="right">20, 1833 </td><td align="right">5,000</td></tr> +<tr><td align="center">"</td><td align="left">67</td><td align="left">Jan.</td><td align="right">24, 1834</td><td align="right">5,000</td></tr> +<tr> +<td align="left">IV.</td><td align="left">157–8</td><td align="left">March</td><td align="right">3, 1837</td><td align="right">11,413</td><td align="left">.57</td></tr> +<tr><td align="center">"</td><td align="left">501</td><td align="left">Aug.</td><td align="right">4, 1842</td><td align="right">10,543</td><td align="left">.42</td></tr> +<tr><td align="center">"</td><td align="left">615 </td><td align="left">March</td><td align="right">3, 1843</td><td align="right">5,000</td></tr> +<tr> +<td align="left">IIX.</td><td align="left">96</td><td align="left">Aug.</td><td align="right">10, 1846</td><td align="right">25,000</td></tr> +<tr> +<td align="left">IXI.</td><td align="left">90</td><td align="left">"</td><td align="right">18, 1856</td><td align="right">8,000</td></tr> +<tr><td align="center">"</td><td align="left">227</td><td align="left">March</td><td align="right">3, 1857</td><td align="right">8,000</td></tr> +<tr><td align="center">"</td><td align="left">404</td><td align="left">"</td><td align="right">3, 1859</td><td align="right">75,000</td></tr> +<tr> +<td align="left">IXII.</td><td align="left">21</td><td align="left">May </td><td align="right">26, 1860</td><td align="right">40,000</td></tr> +<tr><td align="center">"</td><td align="left">132</td><td align="left"> Feb.</td><td align="right">19, 1861</td><td align="right">900,000</td></tr> +<tr><td align="center">"</td><td align="left">219 </td><td align="left">March</td><td align="right">2, 1861 </td><td align="right">900,000</td></tr> +<tr><td align="center">"</td><td align="left">639</td><td align="left">Feb. </td><td align="right">4, 1863</td><td align="right"> 17,000</td></tr> +<tr> +<td align="left">IXIII.</td><td align="left">424</td><td align="left">Jan. </td><td align="right">24, 1865</td><td align="right">17,000</td></tr> +<tr> +<td align="left">IXIV.</td><td align="left">226</td><td align="left">July </td><td align="right">25, 1866</td><td align="right">17,000</td></tr> +<tr><td align="center">"</td><td align="left">415</td><td align="left">Feb.</td><td align="right">28, 1867</td><td align="right">17,000</td></tr> +<tr> +<td align="left">IXV.</td><td align="left">58</td><td align="left">March</td><td align="right">30, 1868</td><td align="right">12,500</td></tr> +<tr><td align="center">"</td><td align="left">321</td><td align="left">March</td><td align="right">3, 1869</td><td align="right">12,500</td></tr> +</table> + +<table summary=""> +<tr><td align="left">Total, 50 years</td><td align="right">$ 2,386,666.99</td></tr> +<tr><td align="left">Minus surpluses re-appropriated (approximate)</td><td align="right" class="u">48,666.99?</td></tr> + +<tr><td colspan="2" align="right">$ 2,338,000</td></tr> + +<tr><td align="left">Cost of squadron, 1843–58, @ $384,500 per year (<i>House Exec. Doc.</i>, 31 Cong. 1 sess. IX. No. 73) +</td><td align="right">5,767,500</td></tr> +<tr><td align="left">Returning slaves on "Wildfire" (<i>Statutes at Large</i>, XII. 41) </td><td align="right">250,000</td></tr> +<tr><td align="left">Approximate cost of squadron, 1858–66, probably not less than $500,000 per year</td><td class="u" align="right">4,000,000?</td></tr> +<tr><td align="left">Approximate money cost of suppressing the slave-trade</td><td align="right">$ 12,355,500?</td></tr> +</table> + +<p>Cf. Kendall's Report: <i>Senate Doc.</i>, 21 Cong. 2 sess. I. No. 1, pp. 211–8; <i>Amer. State Papers, +Naval</i>, III. No. 429 E.; also Reports of the Secretaries of the Navy from 1819 to 1860.</p> +<p><span class="pagenum"><!-- Page 126 -->126</span><a name="Page_126" id="Page_126"></a></p> + +<p>65. <b>Enforcement of the Supplementary Acts, 1818–1825.</b> +A somewhat more sincere and determined effort to enforce +the slave-trade laws now followed; and yet it is a significant +fact that not until Lincoln's administration did a slave-trader +suffer death for violating the laws of the United States. The +participation of Americans in the trade continued, declining +somewhat between 1825 and 1830, and then reviving, until it +reached its highest activity between 1840 and 1860. The development +of a vast internal slave-trade, and the consequent rise +in the South of vested interests strongly opposed to slave +smuggling, led to a falling off in the illicit introduction of +Negroes after 1825, until the fifties; nevertheless, smuggling +never entirely ceased, and large numbers were thus added to +the plantations of the Gulf States.</p> + +<p>Monroe had various constitutional scruples as to the execution +of the Act of 1819;<a name="FNanchor_124_459" id="FNanchor_124_459"></a><a href="#Footnote_124_459" class="fnanchor">124</a> but, as Congress took no action, +he at last put a fair interpretation on his powers, and appointed +Samuel Bacon as an agent in Africa to form a settlement +for recaptured Africans. Gradually the agency thus +formed became merged with that of the Colonization Society +on Cape Mesurado; and from this union Liberia was finally +evolved.<a name="FNanchor_125_460" id="FNanchor_125_460"></a><a href="#Footnote_125_460" class="fnanchor">125</a></p> + +<p>Meantime, during the years 1818 to 1820, the activity of the +slave-traders was prodigious. General James Tallmadge declared +in the House, February 15, 1819: "Our laws are already +highly penal against their introduction, and yet, it is a well +known fact, that about fourteen thousand slaves have been +brought into our country this last year."<a name="FNanchor_126_461" id="FNanchor_126_461"></a><a href="#Footnote_126_461" class="fnanchor">126</a> In the same year +Middleton of South Carolina and Wright of Virginia estimated +illicit introduction at 13,000 and 15,000 respectively. +<!-- Page 127 --><a name="Page_127" id="Page_127"></a><span class="pagenum">127</span> +<a name="FNanchor_127_462" id="FNanchor_127_462"></a><a href="#Footnote_127_462" class="fnanchor">127</a> +Judge Story, in charging a jury, took occasion to say: "We +have but too many proofs from unquestionable sources, that +it [the slave-trade] is still carried on with all the implacable +rapacity of former times. Avarice has grown more subtle in its +evasions, and watches and seizes its prey with an appetite +quickened rather than suppressed by its guilty vigils. American +citizens are steeped to their very mouths (I can hardly use +too bold a figure) in this stream of iniquity."<a name="FNanchor_128_463" id="FNanchor_128_463"></a><a href="#Footnote_128_463" class="fnanchor">128</a> The following +year, 1820, brought some significant statements from various +members of Congress. Said Smith of South Carolina: "Pharaoh +was, for his temerity, drowned in the Red Sea, in pursuing +them [the Israelites] contrary to God's express will; but +our Northern friends have not been afraid even of that, in +their zeal to furnish the Southern States with Africans. They +are better seamen than Pharaoh, and calculate by that means +to elude the vigilance of Heaven; which they seem to disregard, +if they can but elude the violated laws of their country."<a name="FNanchor_129_464" id="FNanchor_129_464"></a><a href="#Footnote_129_464" class="fnanchor">129</a> +As late as May he saw little hope of suppressing the +traffic.<a name="FNanchor_130_465" id="FNanchor_130_465"></a><a href="#Footnote_130_465" class="fnanchor">130</a> Sergeant of Pennsylvania declared: "It is notorious +that, in spite of the utmost vigilance that can be employed, +African negroes are clandestinely brought in and sold as +slaves."<a name="FNanchor_131_466" id="FNanchor_131_466"></a><a href="#Footnote_131_466" class="fnanchor">131</a> Plumer of New Hampshire stated that "of the unhappy +beings, thus in violation of all laws transported to our +shores, and thrown by force into the mass of our black population, +scarcely one in a hundred is ever detected by the officers +of the General Government, in a part of the country, +where, if we are to believe the statement of Governor Rabun, +'an officer who would perform his duty, by attempting to enforce +the law [against the slave trade] is, by many, considered +as an officious meddler, and treated with derision and contempt;' ... +I have been told by a gentleman, who has attended +particularly to this subject, that ten thousand slaves +were in one year smuggled into the United States; and that, +even for the last year, we must count the number not by +<!-- Page 128 --><a name="Page_128" id="Page_128"></a><span class="pagenum">128</span>hundreds, but by thousands."<a name="FNanchor_132_467" id="FNanchor_132_467"></a><a href="#Footnote_132_467" class="fnanchor">132</a> In 1821 a committee of Congress +characterized prevailing methods as those "of the grossest +fraud that could be practised to deceive the officers of +government."<a name="FNanchor_133_468" id="FNanchor_133_468"></a><a href="#Footnote_133_468" class="fnanchor">133</a> Another committee, in 1822, after a careful examination +of the subject, declare that they "find it impossible +to measure with precision the effect produced upon the +American branch of the slave trade by the laws above mentioned, +and the seizures under them. They are unable to state, +whether those American merchants, the American capital and +seamen which heretofore aided in this traffic, have abandoned +it altogether, or have sought shelter under the flags of other +nations." They then state the suspicious circumstance that, +with the disappearance of the American flag from the traffic, +"the trade, notwithstanding, increases annually, under the +flags of other nations." They complain of the spasmodic efforts +of the executive. They say that the first United States +cruiser arrived on the African coast in March, 1820, and remained +a "few weeks;" that since then four others had in two +years made five visits in all; but "since the middle of last November, +the commencement of the healthy season on that +coast, no vessel has been, nor, as your committee is informed, +is, under orders for that service."<a name="FNanchor_134_469" id="FNanchor_134_469"></a><a href="#Footnote_134_469" class="fnanchor">134</a> The United States African +agent, Ayres, reported in 1823: "I was informed by an American +officer who had been on the coast in 1820, that he had +boarded 20 American vessels in one morning, lying in the +port of Gallinas, and fitted for the reception of slaves. It is a +lamentable fact, that most of the harbours, between the Senegal +and the line, were visited by an equal number of American +vessels, and for the sole purpose of carrying away slaves. +Although for some years the coast had been occasionally +visited by our cruizers, their short stay and seldom appearance +<!-- Page 129 --><a name="Page_129" id="Page_129"></a><span class="pagenum">129</span>had made but slight impression on those traders, rendered +hardy by repetition of crime, and avaricious by excessive gain. +They were enabled by a regular system to gain intelligence of +any cruizer being on the coast."<a name="FNanchor_135_470" id="FNanchor_135_470"></a><a href="#Footnote_135_470" class="fnanchor">135</a></p> + +<p>Even such spasmodic efforts bore abundant fruit, and indicated +what vigorous measures might have accomplished. +Between May, 1818, and November, 1821, nearly six hundred +Africans were recaptured and eleven American slavers taken.<a name="FNanchor_136_471" id="FNanchor_136_471"></a><a href="#Footnote_136_471" class="fnanchor">136</a> +Such measures gradually changed the character of the trade, +and opened the international phase of the question. American +slavers cleared for foreign ports, there took a foreign flag and +papers, and then sailed boldly past American cruisers, although +their real character was often well known. More stringent +clearance laws and consular instructions might have +greatly reduced this practice; but nothing was ever done, and +gradually the laws became in large measure powerless to deal +with the bulk of the illicit trade. In 1820, September 16, a +British officer, in his official report, declares that, in spite of +United States laws, "American vessels, American subjects, and +American capital, are unquestionably engaged in the trade, +though under other colours and in disguise."<a name="FNanchor_137_472" id="FNanchor_137_472"></a><a href="#Footnote_137_472" class="fnanchor">137</a> The United +States ship "Cyane" at one time reported ten captures within +a few days, adding: "Although they are evidently owned by +Americans, they are so completely covered by Spanish papers +that it is impossible to condemn them."<a name="FNanchor_138_473" id="FNanchor_138_473"></a><a href="#Footnote_138_473" class="fnanchor">138</a> The governor of +Sierra Leone reported the rivers Nunez and Pongas full of +renegade European and American slave-traders;<a name="FNanchor_139_474" id="FNanchor_139_474"></a><a href="#Footnote_139_474" class="fnanchor">139</a> the trade +was said to be carried on "to an extent that almost staggers +belief."<a name="FNanchor_140_475" id="FNanchor_140_475"></a><a href="#Footnote_140_475" class="fnanchor">140</a> Down to 1824 or 1825, reports from all quarters prove +<!-- Page 130 --><a name="Page_130" id="Page_130"></a><span class="pagenum">130</span>this activity in slave-trading.</p> + +<p>The execution of the laws within the country exhibits grave +defects and even criminal negligence. Attorney-General Wirt +finds it necessary to assure collectors, in 1819, that "it is against +public policy to dispense with prosecutions for violation of +the law to prohibit the Slave trade."<a name="FNanchor_141_476" id="FNanchor_141_476"></a><a href="#Footnote_141_476" class="fnanchor">141</a> One district attorney +writes: "It appears to be almost impossible to enforce the laws +of the United States against offenders after the negroes have +been landed in the state."<a name="FNanchor_142_477" id="FNanchor_142_477"></a><a href="#Footnote_142_477" class="fnanchor">142</a> Again, it is asserted that "when +vessels engaged in the slave trade have been detained by the +American cruizers, and sent into the slave-holding states, +there appears at once a difficulty in securing the freedom to +these captives which the laws of the United States have decreed +for them."<a name="FNanchor_143_478" id="FNanchor_143_478"></a><a href="#Footnote_143_478" class="fnanchor">143</a> In some cases, one man would smuggle in +the Africans and hide them in the woods; then his partner +would "rob" him, and so all trace be lost.<a name="FNanchor_144_479" id="FNanchor_144_479"></a><a href="#Footnote_144_479" class="fnanchor">144</a> Perhaps 350 Africans +were officially reported as brought in contrary to law +from 1818 to 1820: the absurdity of this figure is apparent.<a name="FNanchor_145_480" id="FNanchor_145_480"></a><a href="#Footnote_145_480" class="fnanchor">145</a> A +circular letter to the marshals, in 1821, brought reports of only +a few well-known cases, like that of the "General Ramirez;" +the marshal of Louisiana had "no information."<a name="FNanchor_146_481" id="FNanchor_146_481"></a><a href="#Footnote_146_481" class="fnanchor">146</a></p> + +<p>There appears to be little positive evidence of a large illicit +importation into the country for a decade after 1825. It is +hardly possible, however, considering the activity in the trade, +that slaves were not largely imported. Indeed, when we note +how the laws were continually broken in other respects, absence +of evidence of petty smuggling becomes presumptive +evidence that collusive or tacit understanding of officers and +citizens allowed the trade to some extent.<a name="FNanchor_147_482" id="FNanchor_147_482"></a><a href="#Footnote_147_482" class="fnanchor">147</a> Finally, it must be +noted that during all this time scarcely a man suffered for +<!-- Page 131 --><a name="Page_131" id="Page_131"></a><span class="pagenum">131</span>participating in the trade, beyond the loss of the Africans and, +more rarely, of his ship. Red-handed slavers, caught in the act +and convicted, were too often, like La Coste of South Carolina, +the subjects of executive clemency.<a name="FNanchor_148_483" id="FNanchor_148_483"></a><a href="#Footnote_148_483" class="fnanchor">148</a> In certain cases there +were those who even had the effrontery to ask Congress to +cancel their own laws. For instance, in 1819 a Venezuelan privateer, +secretly fitted out and manned by Americans in Baltimore, +succeeded in capturing several American, Portuguese,<!-- Page 132 --><a name="Page_132" id="Page_132"></a><span class="pagenum">132</span> +and Spanish slavers, and appropriating the slaves; being +finally wrecked herself, she transferred her crew and slaves to +one of her prizes, the "Antelope," which was eventually captured +by a United States cruiser and the 280 Africans sent to +Georgia. After much litigation, the United States Supreme +Court ordered those captured from Spaniards to be surrendered, +and the others to be returned to Africa. By some mysterious +process, only 139 Africans now remained, 100 of +whom were sent to Africa. The Spanish claimants of the remaining +thirty-nine sold them to a certain Mr. Wilde, who +gave bond to transport them out of the country. Finally, in +December, 1827, there came an innocent petition to Congress +to <i>cancel this bond</i>.<a name="FNanchor_149_484" id="FNanchor_149_484"></a><a href="#Footnote_149_484" class="fnanchor">149</a> A bill to that effect passed and was approved, +May 2, 1828,<a name="FNanchor_150_485" id="FNanchor_150_485"></a><a href="#Footnote_150_485" class="fnanchor">150</a> and in consequence these Africans remained +as slaves in Georgia.</p> + +<p>On the whole, it is plain that, although in the period from +1807 to 1820 Congress laid down broad lines of legislation +sufficient, save in some details, to suppress the African slave +trade to America, yet the execution of these laws was criminally +lax. Moreover, by the facility with which slavers could +disguise their identity, it was possible for them to escape even +a vigorous enforcement of our laws. This situation could +properly be met only by energetic and sincere international +co-operation. The next chapter will review efforts directed toward +this end.<a name="FNanchor_151_486" id="FNanchor_151_486"></a><a href="#Footnote_151_486" class="fnanchor">151</a></p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_336" id="Footnote_1_336"></a><a href="#FNanchor_1_336"><span class="label">1</span></a> <i>House Journal</i> (repr. 1826), 9 Cong. 2 sess. V. 468.</p></div> + +<div class="footnote"><p><a name="Footnote_2_337" id="Footnote_2_337"></a><a href="#FNanchor_2_337"><span class="label">2</span></a> Cf. below, § 59.</p></div> + +<div class="footnote"><p><a name="Footnote_3_338" id="Footnote_3_338"></a><a href="#FNanchor_3_338"><span class="label">3</span></a> <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 238.</p></div> + +<div class="footnote"><p><a name="Footnote_4_339" id="Footnote_4_339"></a><a href="#FNanchor_4_339"><span class="label">4</span></a> There were at least twelve distinct propositions as to the disposal of the +Africans imported:— +</p><div class="blockquot"><p> +1. That they be forfeited and sold by the United States at auction (Early's +bill, reported Dec. 15: <i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 167–8). +</p><p> +2. That they be forfeited and left to the disposal of the States (proposed +by Bidwell and Early: <i>Ibid.</i>, pp. 181, 221, 477. This was the final settlement.) +</p><p> +3. That they be forfeited and sold, and that the proceeds go to charities, +education, or internal improvements (Early, Holland, and Masters: <i>Ibid.</i>, +p. 273). +</p><p> +4. That they be forfeited and indentured for life (Alston and Bidwell: <i>Ibid.</i>, +pp. 170–1). +</p><p> +5. That they be forfeited and indentured for 7, 8, or 10 years (Pitkin: <i>Ibid.</i>, +p. 186). +</p><p> +6. That they be forfeited and given into the custody of the President, and +by him indentured in free States for a term of years (bill reported from the +Senate Jan. 28: <i>House Journal</i> (repr. 1826), 9 Cong. 2 sess. V. 575; <i>Annals of +Cong.</i>, 9 Cong. 2 sess. p. 477. Cf. also <i>Ibid.</i>, p. 272). +</p><p> +7. That the Secretary of the Treasury dispose of them, at his discretion, in +service (Quincy: <i>Ibid.</i>, p. 183). +</p><p> +8. That those imported into slave States be returned to Africa or bound +out in free States (Sloan: <i>Ibid.</i>, p. 254). +</p><p> +9. That all be sent back to Africa (Smilie: <i>Ibid.</i>, p. 176). +</p><p> +10. That those imported into free States be free, those imported into slave +States be returned to Africa or indentured (Sloan: <i>Ibid.</i>, p. 226). +</p><p> +11. That they be forfeited but not sold (Sloan and others: <i>Ibid.</i>, +p. 270). +</p><p> +12. That they be free (Sloan: <i>Ibid.</i>, p. 168; Bidwell: <i>House Journal</i> (repr. +1826), 9 Cong. 2 sess. V. 515). +</p></div></div> + +<div class="footnote"><p><a name="Footnote_5_340" id="Footnote_5_340"></a><a href="#FNanchor_5_340"><span class="label">5</span></a> Bidwell, Cook, and others: <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 201.</p></div> + +<div class="footnote"><p><a name="Footnote_6_341" id="Footnote_6_341"></a><a href="#FNanchor_6_341"><span class="label">6</span></a> Bidwell: <i>Ibid.</i>, p. 172.</p></div> + +<div class="footnote"><p><a name="Footnote_7_342" id="Footnote_7_342"></a><a href="#FNanchor_7_342"><span class="label">7</span></a> Fisk: <i>Ibid.</i>, pp. 224–5; Bidwell: <i>Ibid.</i>, p. 221.</p></div> + +<div class="footnote"><p><a name="Footnote_8_343" id="Footnote_8_343"></a><a href="#FNanchor_8_343"><span class="label">8</span></a> Quincy: <i>Ibid.</i>, p. 184.</p></div> + +<div class="footnote"><p><a name="Footnote_9_344" id="Footnote_9_344"></a><a href="#FNanchor_9_344"><span class="label">9</span></a> <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 478; Bidwell: <i>Ibid.</i>, p. 171.</p></div> + +<div class="footnote"><p><a name="Footnote_10_345" id="Footnote_10_345"></a><a href="#FNanchor_10_345"><span class="label">10</span></a> <i>Ibid.</i>, p. 172.</p></div> + +<div class="footnote"><p><a name="Footnote_11_346" id="Footnote_11_346"></a><a href="#FNanchor_11_346"><span class="label">11</span></a> <i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 173–4.</p></div> + +<div class="footnote"><p><a name="Footnote_12_347" id="Footnote_12_347"></a><a href="#FNanchor_12_347"><span class="label">12</span></a> Alston: <i>Ibid.</i>, p. 170.</p></div> + +<div class="footnote"><p><a name="Footnote_13_348" id="Footnote_13_348"></a><a href="#FNanchor_13_348"><span class="label">13</span></a> D.R. Williams: <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 183.</p></div> + +<div class="footnote"><p><a name="Footnote_14_349" id="Footnote_14_349"></a><a href="#FNanchor_14_349"><span class="label">14</span></a> Early: <i>Ibid.</i>, pp. 184–5.</p></div> + +<div class="footnote"><p><a name="Footnote_15_350" id="Footnote_15_350"></a><a href="#FNanchor_15_350"><span class="label">15</span></a> Lloyd, Early, and others: <i>Ibid.</i>, p. 203.</p></div> + +<div class="footnote"><p><a name="Footnote_16_351" id="Footnote_16_351"></a><a href="#FNanchor_16_351"><span class="label">16</span></a> Alston: <i>Ibid.</i>, p. 170.</p></div> + +<div class="footnote"><p><a name="Footnote_17_352" id="Footnote_17_352"></a><a href="#FNanchor_17_352"><span class="label">17</span></a> Quincy: <i>Ibid.</i>, p. 222; Macon: <i>Ibid.</i>, p. 225.</p></div> + +<div class="footnote"><p><a name="Footnote_18_353" id="Footnote_18_353"></a><a href="#FNanchor_18_353"><span class="label">18</span></a> Macon: <i>Ibid.</i>, p. 177.</p></div> + +<div class="footnote"><p><a name="Footnote_19_354" id="Footnote_19_354"></a><a href="#FNanchor_19_354"><span class="label">19</span></a> Barker: <i>Ibid.</i>, p. 171; Bidwell: <i>Ibid.</i>, p. 172.</p></div> + +<div class="footnote"><p><a name="Footnote_20_355" id="Footnote_20_355"></a><a href="#FNanchor_20_355"><span class="label">20</span></a> Clay, Alston, and Early: <i>Ibid.</i>, p. 266.</p></div> + +<div class="footnote"><p><a name="Footnote_21_356" id="Footnote_21_356"></a><a href="#FNanchor_21_356"><span class="label">21</span></a> Clay, Alston, and Early: <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 266.</p></div> + +<div class="footnote"><p><a name="Footnote_22_357" id="Footnote_22_357"></a><a href="#FNanchor_22_357"><span class="label">22</span></a> Bidwell: <i>Ibid.</i>, p. 221.</p></div> + +<div class="footnote"><p><a name="Footnote_23_358" id="Footnote_23_358"></a><a href="#FNanchor_23_358"><span class="label">23</span></a> Sloan and others: <i>Ibid.</i>, p. 271; Early and Alston: <i>Ibid.</i>, pp. 168, 171.</p></div> + +<div class="footnote"><p><a name="Footnote_24_359" id="Footnote_24_359"></a><a href="#FNanchor_24_359"><span class="label">24</span></a> Ely, Bidwell, and others: <i>Ibid.</i>, pp. 179, 181, 271; Smilie and Findley: <i>Ibid.</i>, +pp. 225, 226.</p></div> + +<div class="footnote"><p><a name="Footnote_25_360" id="Footnote_25_360"></a><a href="#FNanchor_25_360"><span class="label">25</span></a> <i>Ibid.</i>, p. 240. Cf. Lloyd: <i>Ibid.</i>, p. 236.</p></div> + +<div class="footnote"><p><a name="Footnote_26_361" id="Footnote_26_361"></a><a href="#FNanchor_26_361"><span class="label">26</span></a> Holland: <i>Ibid.</i>, p. 241.</p></div> + +<div class="footnote"><p><a name="Footnote_27_362" id="Footnote_27_362"></a><a href="#FNanchor_27_362"><span class="label">27</span></a> <i>Ibid.</i>, p. 227; Macon: <i>Ibid.</i>, p. 225.</p></div> + +<div class="footnote"><p><a name="Footnote_28_363" id="Footnote_28_363"></a><a href="#FNanchor_28_363"><span class="label">28</span></a> Bidwell, Cook, and others: <i>Ibid.</i>, p. 201.</p></div> + +<div class="footnote"><p><a name="Footnote_29_364" id="Footnote_29_364"></a><a href="#FNanchor_29_364"><span class="label">29</span></a> Bidwell: <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 221. Cf. <i>Ibid.</i>, p. 202.</p></div> + +<div class="footnote"><p><a name="Footnote_30_365" id="Footnote_30_365"></a><a href="#FNanchor_30_365"><span class="label">30</span></a> Early: <i>Ibid.</i>, p. 239.</p></div> + +<div class="footnote"><p><a name="Footnote_31_366" id="Footnote_31_366"></a><a href="#FNanchor_31_366"><span class="label">31</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_32_367" id="Footnote_32_367"></a><a href="#FNanchor_32_367"><span class="label">32</span></a> <i>Ibid.</i>, p. 1267.</p></div> + +<div class="footnote"><p><a name="Footnote_33_368" id="Footnote_33_368"></a><a href="#FNanchor_33_368"><span class="label">33</span></a> There were about six distinct punishments suggested:— +</p><div class="blockquot"><p> +1. Forfeiture, and fine of $5000 to $10,000 (Early's bill: <i>Ibid.</i>, p. 167). +</p><p> +2. Forfeiture and imprisonment (amendment to Senate bill: <i>Ibid.</i>, pp. 231, +477, 483). +</p><p> +3. Forfeiture, imprisonment from 5 to 10 years, and fine of $1000 to +$10,000 (amendment to amendment of Senate bill: <i>Ibid.</i>, pp. 228, 483). +</p><p> +4. Forfeiture, imprisonment from 5 to 40 years, and fine of $1000 to +$10,000 (Chandler's amendment: <i>Ibid.</i>, p. 228). +</p><p> +5. Forfeiture of all property, and imprisonment (Pitkin: <i>Ibid.</i>, p. 188). +</p><p> +6. Death (Smilie: <i>Ibid.</i>, pp. 189–90; bill reported to House, Dec. 19: <i>Ibid.</i>, +p. 190; Senate bill as reported to House, Jan. 28).</p></div></div> + +<div class="footnote"><p><a name="Footnote_34_369" id="Footnote_34_369"></a><a href="#FNanchor_34_369"><span class="label">34</span></a> Smilie: <i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 189–90.</p></div> + +<div class="footnote"><p><a name="Footnote_35_370" id="Footnote_35_370"></a><a href="#FNanchor_35_370"><span class="label">35</span></a> Tallmadge: <i>Ibid.</i>, p. 233; Olin: <i>Ibid.</i>, p. 237.</p></div> + +<div class="footnote"><p><a name="Footnote_36_371" id="Footnote_36_371"></a><a href="#FNanchor_36_371"><span class="label">36</span></a> Ely: <i>Ibid.</i>, p. 237.</p></div> + +<div class="footnote"><p><a name="Footnote_37_372" id="Footnote_37_372"></a><a href="#FNanchor_37_372"><span class="label">37</span></a> Smilie: <i>Ibid.</i>, p. 236. Cf. Sloan: <i>Ibid.</i>, p. 232.</p></div> + +<div class="footnote"><p><a name="Footnote_38_373" id="Footnote_38_373"></a><a href="#FNanchor_38_373"><span class="label">38</span></a> Hastings: <i>Ibid.</i>, p. 228.</p></div> + +<div class="footnote"><p><a name="Footnote_39_374" id="Footnote_39_374"></a><a href="#FNanchor_39_374"><span class="label">39</span></a> Dwight: <i>Ibid.</i>, p. 241; Ely: <i>Ibid.</i>, p. 232.</p></div> + +<div class="footnote"><p><a name="Footnote_40_375" id="Footnote_40_375"></a><a href="#FNanchor_40_375"><span class="label">40</span></a> Mosely: <i>Ibid.</i>, pp. 234–5.</p></div> + +<div class="footnote"><p><a name="Footnote_41_376" id="Footnote_41_376"></a><a href="#FNanchor_41_376"><span class="label">41</span></a> Tallmadge: <i>Ibid.</i>, pp. 232, 234. Cf. Dwight: <i>Ibid.</i>, p. 241.</p></div> + +<div class="footnote"><p><a name="Footnote_42_377" id="Footnote_42_377"></a><a href="#FNanchor_42_377"><span class="label">42</span></a> Varnum: <i>Ibid.</i>, p. 243.</p></div> + +<div class="footnote"><p><a name="Footnote_43_378" id="Footnote_43_378"></a><a href="#FNanchor_43_378"><span class="label">43</span></a> Elmer: <i>Annals of Cong.</i>, 9 Cong. 2 sess. p. 235.</p></div> + +<div class="footnote"><p><a name="Footnote_44_379" id="Footnote_44_379"></a><a href="#FNanchor_44_379"><span class="label">44</span></a> <i>Ibid.</i>, p. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_45_380" id="Footnote_45_380"></a><a href="#FNanchor_45_380"><span class="label">45</span></a> Holland: <i>Ibid.</i>, p. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_46_381" id="Footnote_46_381"></a><a href="#FNanchor_46_381"><span class="label">46</span></a> Early: <i>Ibid.</i>, pp. 238–9; Holland: <i>Ibid.</i>, p. 239.</p></div> + +<div class="footnote"><p><a name="Footnote_47_382" id="Footnote_47_382"></a><a href="#FNanchor_47_382"><span class="label">47</span></a> <i>Ibid.</i>, p. 233. Cf. Lloyd: <i>Ibid.</i>, p. 237; Ely: <i>Ibid.</i>, p. 232; Early: <i>Ibid.</i>, pp. +238–9.</p></div> + +<div class="footnote"><p><a name="Footnote_48_383" id="Footnote_48_383"></a><a href="#FNanchor_48_383"><span class="label">48</span></a> <i>Ibid.</i>, p. 484.</p></div> + +<div class="footnote"><p><a name="Footnote_49_384" id="Footnote_49_384"></a><a href="#FNanchor_49_384"><span class="label">49</span></a> This was the provision of the Senate bill as reported to the House. It was +over the House amendment to this that the Houses disagreed. Cf. <i>Ibid.</i>, +p. 484.</p></div> + +<div class="footnote"><p><a name="Footnote_50_385" id="Footnote_50_385"></a><a href="#FNanchor_50_385"><span class="label">50</span></a> Cf. <i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 527–8.</p></div> + +<div class="footnote"><p><a name="Footnote_51_386" id="Footnote_51_386"></a><a href="#FNanchor_51_386"><span class="label">51</span></a> <i>Ibid.</i>, p. 528.</p></div> + +<div class="footnote"><p><a name="Footnote_52_387" id="Footnote_52_387"></a><a href="#FNanchor_52_387"><span class="label">52</span></a> <i>Ibid.</i>, p. 626.</p></div> + +<div class="footnote"><p><a name="Footnote_53_388" id="Footnote_53_388"></a><a href="#FNanchor_53_388"><span class="label">53</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_54_389" id="Footnote_54_389"></a><a href="#FNanchor_54_389"><span class="label">54</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_55_390" id="Footnote_55_390"></a><a href="#FNanchor_55_390"><span class="label">55</span></a> <i>Ibid.</i>, pp. 636–8; <i>House Journal</i> (repr. 1826), 9 Cong. 2 sess. V. 616, and +House Bill No. 219; <i>Ibid.</i>, 10 Cong. 1 sess. VI. 27, 50; <i>Annals of Cong.</i>, 10 +Cong. 1 sess. pp. 854–5, 961.</p></div> + +<div class="footnote"><p><a name="Footnote_56_391" id="Footnote_56_391"></a><a href="#FNanchor_56_391"><span class="label">56</span></a> On account of the meagre records it is difficult to follow the course of +this bill. I have pieced together information from various sources, and trust +that this account is approximately correct.</p></div> + +<div class="footnote"><p><a name="Footnote_57_392" id="Footnote_57_392"></a><a href="#FNanchor_57_392"><span class="label">57</span></a> Cf. <i>Senate Journal</i> (repr. 1821), 9 Cong. 2 sess. IV., Senate Bill No. 41.</p></div> + +<div class="footnote"><p><a name="Footnote_58_393" id="Footnote_58_393"></a><a href="#FNanchor_58_393"><span class="label">58</span></a> <i>Annals of Cong.</i>, 9 Cong. 1 sess. p. 438. Cf. above, § 53.</p></div> + +<div class="footnote"><p><a name="Footnote_59_394" id="Footnote_59_394"></a><a href="#FNanchor_59_394"><span class="label">59</span></a> This amendment of the Committee of the Whole was adopted by a vote +of 63 to 53. The New England States stood 3 to 2 for the death penalty; the +Middle States were evenly divided, 3 and 3; and the South stood 5 to 0 +against it, with Kentucky evenly divided. Cf. <i>House Journal</i> (repr. 1826), 9 +Cong. 2 sess. V. 504.</p></div> + +<div class="footnote"><p><a name="Footnote_60_395" id="Footnote_60_395"></a><a href="#FNanchor_60_395"><span class="label">60</span></a> <i>Ibid.</i>, V. 514–5.</p></div> + +<div class="footnote"><p><a name="Footnote_61_396" id="Footnote_61_396"></a><a href="#FNanchor_61_396"><span class="label">61</span></a> The substitution of the Senate bill was a victory for the anti-slavery party, +as all battles had to be fought again. The Southern party, however, succeeded +in carrying all its amendments.</p></div> + +<div class="footnote"><p><a name="Footnote_62_397" id="Footnote_62_397"></a><a href="#FNanchor_62_397"><span class="label">62</span></a> Messrs. Betton of New Hampshire, Chittenden of Vermont, Garnett and +Trigg of Virginia, and D.R. Williams of South Carolina voted against the +bill: <i>House Journal</i> (repr. 1826), 9 Cong. 2 sess. V. 585–6.</p></div> + +<div class="footnote"><p><a name="Footnote_63_398" id="Footnote_63_398"></a><a href="#FNanchor_63_398"><span class="label">63</span></a> <i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 626–7.</p></div> + +<div class="footnote"><p><a name="Footnote_64_399" id="Footnote_64_399"></a><a href="#FNanchor_64_399"><span class="label">64</span></a> The unassigned dates refer to debates, etc. The history of the amendments +and debates on the measure may be traced in the following references:— +</p> +<table summary="2 cols" cellpadding="5"> +<tr> +<td class="col2"> +<p class="center"><i>Senate</i> (Bill No. 41). +</p> +<p> +<i>Annals of Cong.</i>, 9 Cong. 1 sess. pp. +20–1; 9 Cong. 2 sess. pp. 16, 19, 23, 33, +36, 45, 47, 68, 69, 70, 71, 79, 87, 93, etc. +</p> +<p><i>Senate Journal</i> (repr. 1826), 9 Cong. 1–2 +sess. IV. 11, 112, 123, 124, 132, 133, 150, +158, 164, 165, 167, 168, etc. +</p> +</td> +<td class="col2"> +<p class="center"> +<i>House</i> (Bill No. 148). +</p><p> +<i>Annals of Cong.</i>, 9 Cong. 1 sess. p. 438; +9 Cong. 2 sess. pp. 114, 151, 167–8, 173–4, +180, 183, 189, 200, 202–4, 220, 228, +231, 240, 254, 264, 266–7, 270, 273, +373, 427, 477, 481, 484–6, 527, 528, +etc. +</p><p> +<i>House Journal</i> (repr. 1826), 9 Cong. 1–2 +sess. V. 470, 482, 488, 490, 491, 496, +500, 504, 510, 513–6, 517, 540, 557, 575, +579, 581, 583–4, 585, 592, 594, 610, 613–5, +623, 638, 640, etc. +</p> +</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_65_400" id="Footnote_65_400"></a><a href="#FNanchor_65_400"><span class="label">65</span></a> <i>Statutes at Large</i>, II. 426. There were some few attempts to obtain laws +of relief from this bill: see, e.g., <i>Annals of Cong.</i>, 10 Cong. 1 sess. p. 1243; 11 +Cong. 1 sess. pp. 34, 36–9, 41, 43, 48, 49, 380, 465, 688, 706, 2209; <i>House +Journal</i> (repr. 1826), II Cong. 1–2 sess. VII. 100, 102, 124, etc., and Index, +Senate Bill No. 8. Cf. <i>Amer. State Papers, Miscellaneous</i>, II. No. 269. There +was also one proposed amendment to make the prohibition perpetual: <i>Amer. +State Papers, Miscellaneous</i>, I. No. 244.</p></div> + +<div class="footnote"><p><a name="Footnote_66_401" id="Footnote_66_401"></a><a href="#FNanchor_66_401"><span class="label">66</span></a> Toulmin, <i>Digest of the Laws of Alabama</i>, p. 637.</p></div> + +<div class="footnote"><p><a name="Footnote_67_402" id="Footnote_67_402"></a><a href="#FNanchor_67_402"><span class="label">67</span></a> <i>Laws of North Carolina</i> (revision of 1819), II. 1350.</p></div> + +<div class="footnote"><p><a name="Footnote_68_403" id="Footnote_68_403"></a><a href="#FNanchor_68_403"><span class="label">68</span></a> Prince, <i>Digest</i>, p. 793.</p></div> + +<div class="footnote"><p><a name="Footnote_69_404" id="Footnote_69_404"></a><a href="#FNanchor_69_404"><span class="label">69</span></a> Fowler, <i>Historical Status of the Negro in Connecticut</i>, in <i>Local Law</i>, etc., +pp. 122, 126.</p></div> + +<div class="footnote"><p><a name="Footnote_70_405" id="Footnote_70_405"></a><a href="#FNanchor_70_405"><span class="label">70</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, p. 32.</p></div> + +<div class="footnote"><p><a name="Footnote_71_406" id="Footnote_71_406"></a><a href="#FNanchor_71_406"><span class="label">71</span></a> <i>House Journal</i> (repr. 1826), 11 Cong. 3 sess. VII. p. 435.</p></div> + +<div class="footnote"><p><a name="Footnote_72_407" id="Footnote_72_407"></a><a href="#FNanchor_72_407"><span class="label">72</span></a> <i>House Doc.</i>, 15 Cong. 2 sess. IV. No. 84, p. 5.</p></div> + +<div class="footnote"><p><a name="Footnote_73_408" id="Footnote_73_408"></a><a href="#FNanchor_73_408"><span class="label">73</span></a> See, e.g., <i>House Journal</i> (repr. 1826), 11 Cong. 3 sess. VII. p. 575.</p></div> + +<div class="footnote"><p><a name="Footnote_74_409" id="Footnote_74_409"></a><a href="#FNanchor_74_409"><span class="label">74</span></a> Drake, <i>Revelations of a Slave Smuggler</i>, p. 51. Parts of this narrative are +highly colored and untrustworthy; this passage, however, has every earmark +of truth, and is confirmed by many incidental allusions.</p></div> + +<div class="footnote"><p><a name="Footnote_75_410" id="Footnote_75_410"></a><a href="#FNanchor_75_410"><span class="label">75</span></a> For accounts of these slavers, see <i>House Reports</i>, 17 Cong. 1 sess. II. No. +92, pp. 30–50. The "Paz" was an armed slaver flying the American flag.</p></div> + +<div class="footnote"><p><a name="Footnote_76_411" id="Footnote_76_411"></a><a href="#FNanchor_76_411"><span class="label">76</span></a> Said to be owned by an Englishman, but fitted in America and manned +by Americans. It was eventually captured by H.M.S. "Bann," after a hard +fight.</p></div> + +<div class="footnote"><p><a name="Footnote_77_412" id="Footnote_77_412"></a><a href="#FNanchor_77_412"><span class="label">77</span></a> Also called Spanish schooner "Triumvirate," with American supercargo, +Spanish captain, and American, French, Spanish, and English crew. It was +finally captured by a British vessel.</p></div> + +<div class="footnote"><p><a name="Footnote_78_413" id="Footnote_78_413"></a><a href="#FNanchor_78_413"><span class="label">78</span></a> An American slaver of 1814, which was boarded by a British vessel. All the +above cases, and many others, were proven before British courts.</p></div> + +<div class="footnote"><p><a name="Footnote_79_414" id="Footnote_79_414"></a><a href="#FNanchor_79_414"><span class="label">79</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, p. 51.</p></div> + +<div class="footnote"><p><a name="Footnote_80_415" id="Footnote_80_415"></a><a href="#FNanchor_80_415"><span class="label">80</span></a> <i>House Doc.</i>, 15 Cong. 1 sess. II. No. 12, pp. 22, 38. This slaver was after +capture sent to New Orleans,—an illustration of the irony of the Act of +1807.</p></div> + +<div class="footnote"><p><a name="Footnote_81_416" id="Footnote_81_416"></a><a href="#FNanchor_81_416"><span class="label">81</span></a> <i>House Journal</i>, 14 Cong. 2 sess. p. 15.</p></div> + +<div class="footnote"><p><a name="Footnote_82_417" id="Footnote_82_417"></a><a href="#FNanchor_82_417"><span class="label">82</span></a> <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 36, p. 5.</p></div> + +<div class="footnote"><p><a name="Footnote_83_418" id="Footnote_83_418"></a><a href="#FNanchor_83_418"><span class="label">83</span></a> <i>Ibid.</i>, 15 Cong. 1 sess. II. No. 12, pp. 8–14. See Chew's letter of Oct. 17, +1817: <i>Ibid.</i>, pp. 14–16.</p></div> + +<div class="footnote"><p><a name="Footnote_84_419" id="Footnote_84_419"></a><a href="#FNanchor_84_419"><span class="label">84</span></a> By the secret Joint Resolution and Act of 1811 (<i>Statutes at Large</i>, III. 471), +Congress gave the President power to suppress the Amelia Island establishment, +which was then notorious. The capture was not accomplished until +1817.</p></div> + +<div class="footnote"><p><a name="Footnote_85_420" id="Footnote_85_420"></a><a href="#FNanchor_85_420"><span class="label">85</span></a> <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 42, pp. 10–11. Cf. Report of the +House Committee, Jan. 10, 1818: "It is but too notorious that numerous infractions +of the law prohibiting the importation of slaves into the United +States have been perpetrated with impunity upon our southern frontier." +<i>Amer. State Papers, Miscellaneous</i>, II. No. 441.</p></div> + +<div class="footnote"><p><a name="Footnote_86_421" id="Footnote_86_421"></a><a href="#FNanchor_86_421"><span class="label">86</span></a> Special message of Jan. 13, 1818: <i>House Journal</i>, 15 Cong. 1 sess. pp. 137–9.</p></div> + +<div class="footnote"><p><a name="Footnote_87_422" id="Footnote_87_422"></a><a href="#FNanchor_87_422"><span class="label">87</span></a> Collector McIntosh, of the District of Brunswick, Ga., to the Secretary of +the Treasury. <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 42, pp. 8–9.</p></div> + +<div class="footnote"><p><a name="Footnote_88_423" id="Footnote_88_423"></a><a href="#FNanchor_88_423"><span class="label">88</span></a> <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 42, pp. 6–7.</p></div> + +<div class="footnote"><p><a name="Footnote_89_424" id="Footnote_89_424"></a><a href="#FNanchor_89_424"><span class="label">89</span></a> <i>Ibid.</i>, pp. 11–12.</p></div> + +<div class="footnote"><p><a name="Footnote_90_425" id="Footnote_90_425"></a><a href="#FNanchor_90_425"><span class="label">90</span></a> <i>Amer. State Papers, Miscellaneous</i>, II. No. 529.</p></div> + +<div class="footnote"><p><a name="Footnote_91_426" id="Footnote_91_426"></a><a href="#FNanchor_91_426"><span class="label">91</span></a> <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 42, p. 7.</p></div> + +<div class="footnote"><p><a name="Footnote_92_427" id="Footnote_92_427"></a><a href="#FNanchor_92_427"><span class="label">92</span></a> <i>Ibid.</i>, p. 6.</p></div> + +<div class="footnote"><p><a name="Footnote_93_428" id="Footnote_93_428"></a><a href="#FNanchor_93_428"><span class="label">93</span></a> <i>House Reports</i>, 21 Cong. 1 sess. III. No. 348, p. 82.</p></div> + +<div class="footnote"><p><a name="Footnote_94_429" id="Footnote_94_429"></a><a href="#FNanchor_94_429"><span class="label">94</span></a> They were not general instructions, but were directed to Commander +Campbell. Cf. <i>House Doc.</i>, 15 Cong. 2 sess. IV. No. 84, pp. 5–6.</p></div> + +<div class="footnote"><p><a name="Footnote_95_430" id="Footnote_95_430"></a><a href="#FNanchor_95_430"><span class="label">95</span></a> <i>Statutes at Large</i>, III. 471 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_96_431" id="Footnote_96_431"></a><a href="#FNanchor_96_431"><span class="label">96</span></a> <i>House Doc.</i>, 15 Cong. 2 sess. VI. No. 107, pp. 8–9.</p></div> + +<div class="footnote"><p><a name="Footnote_97_432" id="Footnote_97_432"></a><a href="#FNanchor_97_432"><span class="label">97</span></a> <i>Ibid.</i>, IV. No. 84. Cf. Chew's letters in <i>House Reports</i>, 21 Cong. 1 sess. III. +No. 348.</p></div> + +<div class="footnote"><p><a name="Footnote_98_433" id="Footnote_98_433"></a><a href="#FNanchor_98_433"><span class="label">98</span></a> <i>House Doc.</i>, 15 Cong. 1 sess. II. No. 12, pp. 22, 38; 15 Cong. 2 sess. VI. No. +100, p. 13; 16 Cong. 1 sess. III. No. 42, p. 9, etc.; <i>House Reports</i>, 21 Cong. 1 +sess. III. No. 348, p. 85.</p></div> + +<div class="footnote"><p><a name="Footnote_99_434" id="Footnote_99_434"></a><a href="#FNanchor_99_434"><span class="label">99</span></a> <i>House Doc.</i>, 15 Cong. 2 sess. VI. No. 107, pp. 8–9.</p></div> + +<div class="footnote"><p><a name="Footnote_100_435" id="Footnote_100_435"></a><a href="#FNanchor_100_435"><span class="label">100</span></a> <i>House Reports</i>, 21 Cong. 1 sess. III. No. 348, p. 77.</p></div> + +<div class="footnote"><p><a name="Footnote_101_436" id="Footnote_101_436"></a><a href="#FNanchor_101_436"><span class="label">101</span></a> Cf. <i>House Doc.</i>, 16 Cong. 1 sess. III. No. 42, p. 11: "The Grand Jury found +true bills against the owners of the vessels, masters, and a supercargo—all of +whom are discharged; why or wherefore I cannot say, except that it could +not be for want of proof against them."</p></div> + +<div class="footnote"><p><a name="Footnote_102_437" id="Footnote_102_437"></a><a href="#FNanchor_102_437"><span class="label">102</span></a> E.g., in July, 1818, one informer "will have to leave that part of the country +to save his life": <i>Ibid.</i>, 15 Cong. 2 sess. VI. No. 100, p. 9.</p></div> + +<div class="footnote"><p><a name="Footnote_103_438" id="Footnote_103_438"></a><a href="#FNanchor_103_438"><span class="label">103</span></a> Joseph Nourse, Register of the Treasury, to Hon. W.H. Crawford, Secretary +of the Treasury: <i>Ibid.</i>, 15 Cong. 2 sess. VI. No. 107, p. 5.</p></div> + +<div class="footnote"><p><a name="Footnote_104_439" id="Footnote_104_439"></a><a href="#FNanchor_104_439"><span class="label">104</span></a> The slaves on the "Constitution" were not condemned, for the technical +reason that she was not captured by a commissioned officer of the United +States navy.</p></div> + +<div class="footnote"><p><a name="Footnote_105_440" id="Footnote_105_440"></a><a href="#FNanchor_105_440"><span class="label">105</span></a> These proceedings are very obscure, and little was said about them. The +Spanish claimants were, it was alleged with much probability, but representatives +of Americans. The claim was paid under the provisions of the Treaty +of Florida, and included slaves whom the court afterward declared forfeited.</p></div> + +<div class="footnote"><p><a name="Footnote_106_441" id="Footnote_106_441"></a><a href="#FNanchor_106_441"><span class="label">106</span></a> An act to relieve him was finally passed, Feb. 8, 1827, nine years after the +capture. See <i>Statutes at Large</i>, VI. 357.</p></div> + +<div class="footnote"><p><a name="Footnote_107_442" id="Footnote_107_442"></a><a href="#FNanchor_107_442"><span class="label">107</span></a> It is difficult to get at the exact facts in this complicated case. The above +statement is, I think, much milder than the real facts would warrant, if thoroughly +known. Cf. <i>House Reports</i>, 19 Cong. 1 sess. II. No. 231; 21 Cong. 1 +sess. III. No. 348, pp. 62–3, etc.; 24 Cong. 1 sess. I. No. 209; <i>Amer. State +Papers, Naval</i>, II. No. 308.</p></div> + +<div class="footnote"><p><a name="Footnote_108_443" id="Footnote_108_443"></a><a href="#FNanchor_108_443"><span class="label">108</span></a> The first method, represented by the Act of 1818, was favored by the +South, the Senate, and the Democrats; the second method, represented by +the Act of 1819, by the North, the House, and by the as yet undeveloped but +growing Whig party.</p></div> + +<div class="footnote"><p><a name="Footnote_109_444" id="Footnote_109_444"></a><a href="#FNanchor_109_444"><span class="label">109</span></a> Committees on the slave-trade were appointed by the House in 1810 and +1813; the committee of 1813 recommended a revision of the laws, but nothing +was done: <i>Annals of Cong.</i>, 11 Cong. 3 sess. p. 387; 12 Cong. 2 sess. pp. 1074, +1090. The presidential message of 1816 led to committees on the trade in both +Houses. The committee of the House of Representatives reported a joint +resolution on abolishing the traffic and colonizing the Negroes, also looking +toward international action. This never came to a vote: <i>Senate Journal</i>, 14 +Cong. 2 sess. pp. 46, 179, 180; <i>House Journal</i>, 14 Cong. 2 sess. pp. 25, 27, 380; +<i>House Doc</i>, 14 Cong. 2 sess. II. No. 77. Finally, the presidential message of +1817 (<i>House Journal</i>, 15 Cong. 1 sess. p. 11), announcing the issuance of orders +to suppress the Amelia Island establishment, led to two other committees in +both Houses. The House committee under Middleton made a report with a +bill (<i>Amer. State Papers, Miscellaneous</i>, II. No. 441), and the Senate committee +also reported a bill.</p></div> + +<div class="footnote"><p><a name="Footnote_110_445" id="Footnote_110_445"></a><a href="#FNanchor_110_445"><span class="label">110</span></a> The Senate debates were entirely unreported, and the report of the House +debates is very meagre. For the proceedings, see <i>Senate Journal</i>, 15 Cong. 1 +sess. pp. 243, 304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; <i>House +Journal</i>, 15 Cong. 1 sess. pp. 19, 20, 29, 51, 92, 131, 362, 410, 450, 452, 456, 468, +479, 484, 492, 505.</p></div> + +<div class="footnote"><p><a name="Footnote_111_446" id="Footnote_111_446"></a><a href="#FNanchor_111_446"><span class="label">111</span></a> Simkins of South Carolina, Edwards of North Carolina, and Pindall: <i>Annals +of Cong.</i>, 15 Cong. 1 sess. p. 1740.</p></div> + +<div class="footnote"><p><a name="Footnote_112_447" id="Footnote_112_447"></a><a href="#FNanchor_112_447"><span class="label">112</span></a> Hugh Nelson of Virginia: <i>Annals of Cong.</i>, 15 Cong. 1 sess. p. 1740.</p></div> + +<div class="footnote"><p><a name="Footnote_113_448" id="Footnote_113_448"></a><a href="#FNanchor_113_448"><span class="label">113</span></a> <i>Statutes at Large</i>, III. 450. By this act the first six sections of the Act of +1807 were repealed.</p></div> + +<div class="footnote"><p><a name="Footnote_114_449" id="Footnote_114_449"></a><a href="#FNanchor_114_449"><span class="label">114</span></a> Or, more accurately speaking, every one realized, in view of the increased +activity of the trade, that it would be a failure.</p></div> + +<div class="footnote"><p><a name="Footnote_115_450" id="Footnote_115_450"></a><a href="#FNanchor_115_450"><span class="label">115</span></a> Nov. 18, 1818, the part of the presidential message referring to the slave-trade +was given to a committee of the House, and this committee also took +in hand the House bill of the previous session which the Senate bill had +replaced: <i>House Journal</i>, 15 Cong. 2 sess. pp. 9–19, 42, 150, 179, 330, 334, 341, +343, 352.</p></div> + +<div class="footnote"><p><a name="Footnote_116_451" id="Footnote_116_451"></a><a href="#FNanchor_116_451"><span class="label">116</span></a> Of which little was reported: <i>Annals of Cong.</i>, 15 Cong. 2 sess. pp. 1430–31. +Strother opposed, "for various reasons of expediency," the bounties for +captors. Nelson of Virginia advocated the death penalty, and, aided by Pindall, +had it inserted. The vote on the bill was 57 to 45.</p></div> + +<div class="footnote"><p><a name="Footnote_117_452" id="Footnote_117_452"></a><a href="#FNanchor_117_452"><span class="label">117</span></a> The Senate had also had a committee at work on a bill which was reported +Feb. 8, and finally postponed: <i>Senate Journal</i>, 15 Cong. 2 sess. pp. 234, +244, 311–2, 347. The House bill was taken up March 2: <i>Annals of Cong.</i>, 15 +Cong. 2 sess. p. 280.</p></div> + +<div class="footnote"><p><a name="Footnote_118_453" id="Footnote_118_453"></a><a href="#FNanchor_118_453"><span class="label">118</span></a> <i>Statutes at Large</i>, III. 532.</p></div> + +<div class="footnote"><p><a name="Footnote_119_454" id="Footnote_119_454"></a><a href="#FNanchor_119_454"><span class="label">119</span></a> <i>Annals of Cong.</i>, 15 Cong. 2 sess. p. 1430. This insured the trial of slave-traders +in a sympathetic slave State, and resulted in the "disappearance" of +many captured Negroes.</p></div> + +<div class="footnote"><p><a name="Footnote_120_455" id="Footnote_120_455"></a><a href="#FNanchor_120_455"><span class="label">120</span></a> <i>Statutes at Large</i>, III. 533.</p></div> + +<div class="footnote"><p><a name="Footnote_121_456" id="Footnote_121_456"></a><a href="#FNanchor_121_456"><span class="label">121</span></a> The first of a long series of appropriations extending to 1869, of which +a list is given on the next page. The totals are only approximately +correct. Some statutes may have escaped me, and in the reports of moneys +the surpluses of previous years are not always clearly distinguishable.</p></div> + +<div class="footnote"><p><a name="Footnote_122_457" id="Footnote_122_457"></a><a href="#FNanchor_122_457"><span class="label">122</span></a> In the first session of the sixteenth Congress, two bills on piracy were +introduced into the Senate, one of which passed, April 26. In the House +there was a bill on piracy, and a slave-trade committee reported recommending +that the slave-trade be piracy. The Senate bill and this bill were considered +in Committee of the Whole, May 11, and a bill was finally passed +declaring, among other things, the traffic piracy. In the Senate there was +"some discussion, rather on the form than the substance of these amendments," +and "they were agreed to without a division": <i>Senate Journal</i>, 16 +Cong. 1 sess. pp. 238, 241, 268, 287, 314, 331, 346, 350, 409, 412, 417, 420, 422, +424, 425; <i>House Journal</i>, 16 Cong. 1 sess. pp. 113, 280, 453, 454, 494, 518, 520, +522, 537; <i>Annals of Cong.</i>, 16 Cong. 1 sess. pp. 693–4, 2231, 2236–7, etc. The +debates were not reported.</p></div> + +<div class="footnote"><p><a name="Footnote_123_458" id="Footnote_123_458"></a><a href="#FNanchor_123_458"><span class="label">123</span></a> <i>Statutes at Large</i>, III. 600–1. This act was in reality a continuation of the +piracy Act of 1819, and was only temporary. The provision was, however, +continued by several acts, and finally made perpetual by the Act of Jan. 30, +1823: <i>Statutes at Large</i>, III. 510–4, 721. On March 3, 1823, it was slightly +amended so as to give district courts jurisdiction.</p></div> + +<div class="footnote"><p><a name="Footnote_124_459" id="Footnote_124_459"></a><a href="#FNanchor_124_459"><span class="label">124</span></a> Attorney-General Wirt advised him, October, 1819, that no part of the +appropriation could be used to purchase land in Africa or tools for the Negroes, +or as salary for the agent: <i>Opinions of Attorneys-General</i>, I. 314–7. Monroe +laid the case before Congress in a special message Dec. 20, 1819 (<i>House +Journal</i>, 16 Cong. 1 sess. p. 57); but no action was taken there.</p></div> + +<div class="footnote"><p><a name="Footnote_125_460" id="Footnote_125_460"></a><a href="#FNanchor_125_460"><span class="label">125</span></a> Cf. Kendall's Report, August, 1830: <i>Senate Doc.</i>, 21 Cong. 2 sess. I. No. 1, +pp. 211–8; also see below, Chapter X.</p></div> + +<div class="footnote"><p><a name="Footnote_126_461" id="Footnote_126_461"></a><a href="#FNanchor_126_461"><span class="label">126</span></a> Speech in the House of Representatives, Feb. 15, 1819, p. 18; published in +Boston, 1849.</p></div> + +<div class="footnote"><p><a name="Footnote_127_462" id="Footnote_127_462"></a><a href="#FNanchor_127_462"><span class="label">127</span></a> Jay, <i>Inquiry into American Colonization</i> (1838), p. 59, note.</p></div> + +<div class="footnote"><p><a name="Footnote_128_463" id="Footnote_128_463"></a><a href="#FNanchor_128_463"><span class="label">128</span></a> Quoted in Friends' <i>Facts and Observations on the Slave Trade</i> (ed. 1841), +pp. 7–8.</p></div> + +<div class="footnote"><p><a name="Footnote_129_464" id="Footnote_129_464"></a><a href="#FNanchor_129_464"><span class="label">129</span></a> <i>Annals of Cong.</i>, 16 Cong. 1 sess. pp. 270–1.</p></div> + +<div class="footnote"><p><a name="Footnote_130_465" id="Footnote_130_465"></a><a href="#FNanchor_130_465"><span class="label">130</span></a> <i>Ibid.</i>, p. 698.</p></div> + +<div class="footnote"><p><a name="Footnote_131_466" id="Footnote_131_466"></a><a href="#FNanchor_131_466"><span class="label">131</span></a> <i>Ibid.</i>, p. 1207.</p></div> + +<div class="footnote"><p><a name="Footnote_132_467" id="Footnote_132_467"></a><a href="#FNanchor_132_467"><span class="label">132</span></a> <i>Annals of Cong.</i>, 16 Cong. 1 sess. p. 1433.</p></div> + +<div class="footnote"><p><a name="Footnote_133_468" id="Footnote_133_468"></a><a href="#FNanchor_133_468"><span class="label">133</span></a> Referring particularly to the case of the slaver "Plattsburg." Cf. <i>House +Reports</i>, 17 Cong. 1 sess. II. No. 92, p. 10.</p></div> + +<div class="footnote"><p><a name="Footnote_134_469" id="Footnote_134_469"></a><a href="#FNanchor_134_469"><span class="label">134</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, p. 2. The President had in his +message spoken in exhilarating tones of the success of the government in +suppressing the trade. The House Committee appointed in pursuance of this +passage made the above report. Their conclusions are confirmed by British +reports: <i>Parliamentary Papers</i>, 1822, Vol. XXII., <i>Slave Trade</i>, Further Papers, +III. p. 44. So, too, in 1823, Ashmun, the African agent, reports that thousands +of slaves are being abducted.</p></div> + +<div class="footnote"><p><a name="Footnote_135_470" id="Footnote_135_470"></a><a href="#FNanchor_135_470"><span class="label">135</span></a> Ayres to the Secretary of the Navy, Feb. 24, 1823; reprinted in <i>Friends' +View of the African Slave-Trade</i> (1824), p. 31.</p></div> + +<div class="footnote"><p><a name="Footnote_136_471" id="Footnote_136_471"></a><a href="#FNanchor_136_471"><span class="label">136</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, pp. 5–6. The slavers were the +"Ramirez," "Endymion," "Esperanza," "Plattsburg," "Science," "Alexander," +"Eugene," "Mathilde," "Daphne," "Eliza," and "La Pensée." In these 573 Africans +were taken. The naval officers were greatly handicapped by the size of +the ships, etc. (cf. <i>Friends' View</i>, etc., pp. 33–41). They nevertheless acted +with great zeal.</p></div> + +<div class="footnote"><p><a name="Footnote_137_472" id="Footnote_137_472"></a><a href="#FNanchor_137_472"><span class="label">137</span></a> <i>Parliamentary Papers</i>, 1821, Vol. XXIII., <i>Slave Trade</i>, Further Papers, A, +p. 76. The names and description of a dozen or more American slavers are +given: <i>Ibid.</i>, pp. 18–21.</p></div> + +<div class="footnote"><p><a name="Footnote_138_473" id="Footnote_138_473"></a><a href="#FNanchor_138_473"><span class="label">138</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, pp. 15–20.</p></div> + +<div class="footnote"><p><a name="Footnote_139_474" id="Footnote_139_474"></a><a href="#FNanchor_139_474"><span class="label">139</span></a> <i>House Doc.</i>, 18 Cong. 1 sess. VI. No. 119, p. 13.</p></div> + +<div class="footnote"><p><a name="Footnote_140_475" id="Footnote_140_475"></a><a href="#FNanchor_140_475"><span class="label">140</span></a> <i>Parliamentary Papers</i>, 1823, Vol. XVIII., <i>Slave Trade</i>, Further Papers, A, +pp. 10–11.</p></div> + +<div class="footnote"><p><a name="Footnote_141_476" id="Footnote_141_476"></a><a href="#FNanchor_141_476"><span class="label">141</span></a> <i>Opinions of Attorneys-General</i>, V. 717.</p></div> + +<div class="footnote"><p><a name="Footnote_142_477" id="Footnote_142_477"></a><a href="#FNanchor_142_477"><span class="label">142</span></a> R.W. Habersham to the Secretary of the Navy, August, 1821; reprinted +in <i>Friends' View</i>, etc., p. 47.</p></div> + +<div class="footnote"><p><a name="Footnote_143_478" id="Footnote_143_478"></a><a href="#FNanchor_143_478"><span class="label">143</span></a> <i>Ibid.</i>, p. 42.</p></div> + +<div class="footnote"><p><a name="Footnote_144_479" id="Footnote_144_479"></a><a href="#FNanchor_144_479"><span class="label">144</span></a> <i>Ibid.</i>, p. 43.</p></div> + +<div class="footnote"><p><a name="Footnote_145_480" id="Footnote_145_480"></a><a href="#FNanchor_145_480"><span class="label">145</span></a> Cf. above, pp. 126–7.</p></div> + +<div class="footnote"><p><a name="Footnote_146_481" id="Footnote_146_481"></a><a href="#FNanchor_146_481"><span class="label">146</span></a> <i>Friends' View</i>, etc., p. 42.</p></div> + +<div class="footnote"><p><a name="Footnote_147_482" id="Footnote_147_482"></a><a href="#FNanchor_147_482"><span class="label">147</span></a> A few accounts of captures here and there would make the matter less +suspicious; these, however, do not occur. How large this suspected illicit +traffic was, it is of course impossible to say; there is no reason why it may +not have reached many hundreds per year.</p></div> + +<div class="footnote"><p><a name="Footnote_148_483" id="Footnote_148_483"></a><a href="#FNanchor_148_483"><span class="label">148</span></a> Cf. editorial in <i>Niles's Register</i>, XXII. 114. Cf. also the following instances +of pardons:— +</p> +<div class="blockquot"><p> +<span class="smcap">President Jefferson</span>: March 1, 1808, Phillip M. Topham, convicted for +"carrying on an illegal slave-trade" (pardoned twice). <i>Pardons and Remissions</i>, +I. 146, 148–9. +</p><p> +<span class="smcap">President Madison</span>: July 29, 1809, fifteen vessels arrived at New Orleans +from Cuba, with 666 white persons and 683 negroes. Every penalty incurred +under the Act of 1807 was remitted. (Note: "Several other pardons of this +nature were granted.") <i>Ibid.</i>, I. 179. +</p><p > +Nov. 8, 1809, John Hopkins and Lewis Le Roy, convicted for importing a +slave. <i>Ibid.</i>, I. 184–5. +</p><p> +Feb. 12, 1810, William Sewall, convicted for importing slaves. <i>Ibid.</i>, I. 194, +235, 240. +</p><p> +May 5, 1812, William Babbit, convicted for importing slaves. <i>Ibid.</i>, I. 248. +</p><p> +<span class="smcap">President Monroe</span>: June 11, 1822, Thomas Shields, convicted for bringing +slaves into New Orleans. <i>Ibid.</i>, IV. 15. +</p><p> +Aug. 24, 1822, J.F. Smith, sentenced to five years' imprisonment and $3000 +fine; served twenty-five months and was then pardoned. <i>Ibid.</i>, IV. 22. +</p><p> +July 23, 1823, certain parties liable to penalties for introducing slaves into +Alabama. <i>Ibid.</i>, IV. 63. +</p><p> +Aug. 15, 1823, owners of schooner "Mary," convicted of importing slaves. +<i>Ibid.</i>, IV. 66. +</p><p> +<span class="smcap">President J.Q. Adams</span>: March 4, 1826, Robert Perry; his ship was forfeited +for slave-trading. <i>Ibid.</i>, IV. 140. +</p><p> +Jan. 17, 1827, Jesse Perry; forfeited ship, and was convicted for introducing +slaves. <i>Ibid.</i>, IV. 158. +</p><p> +Feb. 13, 1827, Zenas Winston; incurred penalties for slave-trading. <i>Ibid.</i>, IV. +161. The four following cases are similar to that of Winston:— +</p><p> +Feb. 24, 1827, John Tucker and William Morbon. <i>Ibid.</i>, IV. 162. +</p><p> +March 25, 1828, Joseph Badger. <i>Ibid.</i>, IV. 192. +</p><p> +Feb. 19, 1829, L.R. Wallace. <i>Ibid.</i>, IV. 215. +</p><p> +<span class="smcap">President Jackson</span>: Five cases. <i>Ibid.</i>, IV. 225, 270, 301, 393, 440. +</p> +</div> +<p> +The above cases were taken from manuscript copies of the Washington +records, made by Mr. W.C. Endicott, Jr., and kindly loaned me.</p></div> + +<div class="footnote"><p><a name="Footnote_149_484" id="Footnote_149_484"></a><a href="#FNanchor_149_484"><span class="label">149</span></a> See <i>Senate Journal</i>, 20 Cong. 1 sess. pp. 60, 66, 340, 341, 343, 348, 352, 355; +<i>House Journal</i>, 20 Cong. 1 sess. pp. 59, 76, 123, 134, 156, 169, 173, 279, 634, 641, +646, 647, 688, 692.</p></div> + +<div class="footnote"><p><a name="Footnote_150_485" id="Footnote_150_485"></a><a href="#FNanchor_150_485"><span class="label">150</span></a> <i>Statutes at Large</i>, VI. 376.</p></div> + +<div class="footnote"><p><a name="Footnote_151_486" id="Footnote_151_486"></a><a href="#FNanchor_151_486"><span class="label">151</span></a> Among interesting minor proceedings in this period were two Senate bills +to register slaves so as to prevent illegal importation. They were both +dropped in the House; a House proposition to the same effect also came to +nothing: <i>Senate Journal</i>, 15 Cong. 1 sess. pp. 147, 152, 157, 165, 170, 188, 201, +203, 232, 237; 15 Cong. 2 sess. pp. 63, 74, 77, 202, 207, 285, 291, 297; <i>House +Journal</i>, 15 Cong. 1 sess. p. 332; 15 Cong. 2 sess. pp. 303, 305, 316; 16 Cong. 1 +sess. p. 150. Another proposition was contained in the Meigs resolution presented +to the House, Feb. 5, 1820, which proposed to devote the public lands +to the suppression of the slave-trade. This was ruled out of order. It was +presented again and laid on the table in 1821: <i>House Journal</i>, 16 Cong. 1 sess. +pp. 196, 200, 227; 16 Cong. 2 sess. p. 238.</p></div> +</div> + + +<hr /> +<p><!-- Page 133 --><a name="Page_133" id="Page_133"></a><span class="pagenum">133</span></p> +<h2><a name="Chapter_IX" id="Chapter_IX"></a><i>Chapter IX</i></h2> + +<h3>THE INTERNATIONAL STATUS OF THE SLAVE-TRADE.</h3> + +<h3>1783–1862.</h3> + + +<table summary="Chapter Sections"> +<tr><td align="left">66. The Rise of the Movement against the Slave-Trade, 1788–1807.</td></tr> +<tr><td align="left">67. Concerted Action of the Powers, 1783–1814.</td></tr> +<tr><td align="left">68. Action of the Powers from 1814 to 1820.</td></tr> +<tr><td align="left">69. The Struggle for an International Right of Search, 1820–1840.</td></tr> +<tr><td align="left">70. Negotiations of 1823–1825.</td></tr> +<tr><td align="left">71. The Attitude of the United States and the State of the Slave-Trade.</td></tr> +<tr><td align="left">72. The Quintuple Treaty, 1839–1842.</td></tr> +<tr><td align="left">73. Final Concerted Measures, 1842–1862.</td></tr> +</table> + +<p>66. <b>The Rise of the Movement against the Slave-Trade, +1788–1807.</b> At the beginning of the nineteenth century England +held 800,000 slaves in her colonies; France, 250,000; +Denmark, 27,000; Spain and Portugal, 600,000; Holland, +50,000; Sweden, 600; there were also about 2,000,000 slaves +in Brazil, and about 900,000 in the United States.<a name="FNanchor_1_487" id="FNanchor_1_487"></a><a href="#Footnote_1_487" class="fnanchor">1</a> This was +the powerful basis of the demand for the slave-trade; and +against the economic forces which these four and a half millions +of enforced laborers represented, the battle for freedom +had to be fought.</p> + +<p>Denmark first responded to the denunciatory cries of the +eighteenth century against slavery and the slave-trade. In 1792, +by royal order, this traffic was prohibited in the Danish possessions +after 1802. The principles of the French Revolution +logically called for the extinction of the slave system by +France. This was, however, accomplished more precipitately +than the Convention anticipated; and in a whirl of enthusiasm +engendered by the appearance of the Dominican deputies, +slavery and the slave-trade were abolished in all French +colonies February 4, 1794.<a name="FNanchor_2_488" id="FNanchor_2_488"></a><a href="#Footnote_2_488" class="fnanchor">2</a> This abolition was short-lived; for +at the command of the First Consul slavery and the slave-trade +was restored in An X (1799).<a name="FNanchor_3_489" id="FNanchor_3_489"></a><a href="#Footnote_3_489" class="fnanchor">3</a> The trade was finally abo<!-- Page 134 --><a name="Page_134" id="Page_134"></a><span class="pagenum">134</span>lished +by Napoleon during the Hundred Days by a decree, +March 29, 1815, which briefly declared: "À dater de la publication +du présent Décret, la Traite des Noirs est abolie."<a name="FNanchor_4_490" id="FNanchor_4_490"></a><a href="#Footnote_4_490" class="fnanchor">4</a> The +Treaty of Paris eventually confirmed this law.<a name="FNanchor_5_491" id="FNanchor_5_491"></a><a href="#Footnote_5_491" class="fnanchor">5</a></p> + +<p>In England, the united efforts of Sharpe, Clarkson, and +Wilberforce early began to arouse public opinion by means of +agitation and pamphlet literature. May 21, 1788, Sir William +Dolben moved a bill regulating the trade, which passed in +July and was the last English measure countenancing the +traffic.<a name="FNanchor_6_492" id="FNanchor_6_492"></a><a href="#Footnote_6_492" class="fnanchor">6</a> The report of the Privy Council on the subject in +1789<a name="FNanchor_7_493" id="FNanchor_7_493"></a><a href="#Footnote_7_493" class="fnanchor">7</a> precipitated the long struggle. On motion of Pitt, in +1788, the House had resolved to take up at the next session +the question of the abolition of the trade.<a name="FNanchor_8_494" id="FNanchor_8_494"></a><a href="#Footnote_8_494" class="fnanchor">8</a> It was, accordingly, +called up by Wilberforce, and a remarkable parliamentary +battle ensued, which lasted continuously until 1805. The +Grenville-Fox ministry now espoused the cause. This ministry +first prohibited the trade with such colonies as England had +acquired by conquest during the Napoleonic wars; then, in +1806, they prohibited the foreign slave-trade; and finally, +March 25, 1807, enacted the total abolition of the traffic.<a name="FNanchor_9_495" id="FNanchor_9_495"></a><a href="#Footnote_9_495" class="fnanchor">9</a></p> + + +<p>67. <b>Concerted Action of the Powers, 1783–1814.</b> During +the peace negotiations between the United States and Great +Britain in 1783, it was proposed by Jay, in June, that there be +a proviso inserted as follows: "Provided that the subjects of +<!-- Page 135 --><a name="Page_135" id="Page_135"></a><span class="pagenum">135</span>his Britannic Majesty shall not have any right or claim under +the convention, to carry or import, into the said States any +slaves from any part of the world; it being the intention of +the said States entirely to prohibit the importation thereof."<a name="FNanchor_10_496" id="FNanchor_10_496"></a><a href="#Footnote_10_496" class="fnanchor">10</a> +Fox promptly replied: "If that be their policy, it never can be +competent to us to dispute with them their own regulations."<a name="FNanchor_11_497" id="FNanchor_11_497"></a><a href="#Footnote_11_497" class="fnanchor">11</a> +No mention of this was, however, made in the final +treaty, probably because it was thought unnecessary.</p> + +<p>In the proposed treaty of 1806, signed at London December +31, Article 24 provided that "The high contracting parties +engage to communicate to each other, without delay, all such +laws as have been or shall be hereafter enacted by their respective +Legislatures, as also all measures which shall have +been taken for the abolition or limitation of the African slave +trade; and they further agree to use their best endeavors to +procure the co-operation of other Powers for the final and +complete abolition of a trade so repugnant to the principles +of justice and humanity."<a name="FNanchor_12_498" id="FNanchor_12_498"></a><a href="#Footnote_12_498" class="fnanchor">12</a></p> + +<p>This marks the beginning of a long series of treaties between +England and other powers looking toward the prohibition +of the traffic by international agreement. During the +years 1810–1814 she signed treaties relating to the subject with +Portugal, Denmark, and Sweden.<a name="FNanchor_13_499" id="FNanchor_13_499"></a><a href="#Footnote_13_499" class="fnanchor">13</a> May 30, 1814, an additional +article to the Treaty of Paris, between France and Great Britain, +engaged these powers to endeavor to induce the approaching +Congress at Vienna "to decree the abolition of the +Slave Trade, so that the said Trade shall cease universally, as +it shall cease definitively, under any circumstances, on the part +of the French Government, in the course of 5 years; and that +during the said period no Slave Merchant shall import or +sell Slaves, except in the Colonies of the State of which he +is a Subject."<a name="FNanchor_14_500" id="FNanchor_14_500"></a><a href="#Footnote_14_500" class="fnanchor">14</a> In addition to this, the next day a circular +letter was despatched by Castlereagh to Austria, Russia, and +Prussia, expressing the hope "that the Powers of Europe,<!-- Page 136 --><a name="Page_136" id="Page_136"></a><span class="pagenum">136</span> +when restoring Peace to Europe, with one common interest, +will crown this great work by interposing their benign offices +in favour of those Regions of the Globe, which yet continue +to be desolated by this unnatural and inhuman traffic."<a name="FNanchor_15_501" id="FNanchor_15_501"></a><a href="#Footnote_15_501" class="fnanchor">15</a> +Meantime additional treaties were secured: in 1814 by royal +decree Netherlands agreed to abolish the trade;<a name="FNanchor_16_502" id="FNanchor_16_502"></a><a href="#Footnote_16_502" class="fnanchor">16</a> Spain was +induced by her necessities to restrain her trade to her own +colonies, and to endeavor to prevent the fraudulent use of her +flag by foreigners;<a name="FNanchor_17_503" id="FNanchor_17_503"></a><a href="#Footnote_17_503" class="fnanchor">17</a> and in 1815 Portugal agreed to abolish the +slave-trade north of the equator.<a name="FNanchor_18_504" id="FNanchor_18_504"></a><a href="#Footnote_18_504" class="fnanchor">18</a></p> + + +<p>68. <b>Action of the Powers from 1814 to 1820.</b> At the Congress +of Vienna, which assembled late in 1814, Castlereagh +was indefatigable in his endeavors to secure the abolition of +the trade. France and Spain, however, refused to yield farther +than they had already done, and the other powers hesitated +to go to the lengths he recommended. Nevertheless, he secured +the institution of annual conferences on the matter, and +a declaration by the Congress strongly condemning the trade +and declaring that "the public voice in all civilized countries +was raised to demand its suppression as soon as possible," and +that, while the definitive period of termination would be left +to subsequent negotiation, the sovereigns would not consider +their work done until the trade was entirely suppressed.<a name="FNanchor_19_505" id="FNanchor_19_505"></a><a href="#Footnote_19_505" class="fnanchor">19</a></p> + +<p>In the Treaty of Ghent, between Great Britain and the +United States, ratified February 17, 1815, Article 10, proposed +by Great Britain, declared that, "Whereas the traffic in slaves +is irreconcilable with the principles of humanity and justice," +the two countries agreed to use their best endeavors in abolishing +the trade.<a name="FNanchor_20_506" id="FNanchor_20_506"></a><a href="#Footnote_20_506" class="fnanchor">20</a> The final overthrow of Napoleon was +marked by a second declaration of the powers, who, "desiring +to give effect to the measures on which they deliberated at +the Congress of Vienna, relative to the complete and universal +<!-- Page 137 --><a name="Page_137" id="Page_137"></a><span class="pagenum">137</span>abolition of the Slave Trade, and having, each in their +respective Dominions, prohibited without restriction their +Colonies and Subjects from taking any part whatever in this +Traffic, engage to renew conjointly their efforts, with the view +of securing final success to those principles which they proclaimed +in the Declaration of the 4th February, 1815, and of +concerting, without loss of time, through their Ministers at +the Courts of London and of Paris, the most effectual measures +for the entire and definitive abolition of a Commerce so +odious, and so strongly condemned by the laws of religion +and of nature."<a name="FNanchor_21_507" id="FNanchor_21_507"></a><a href="#Footnote_21_507" class="fnanchor">21</a></p> + +<p>Treaties further restricting the trade continued to be made +by Great Britain: Spain abolished the trade north of the +equator in 1817,<a name="FNanchor_22_508" id="FNanchor_22_508"></a><a href="#Footnote_22_508" class="fnanchor">22</a> and promised entire abolition in 1820; +Spain, Portugal, and Holland also granted a mutual limited +Right of Search to England, and joined in establishing +mixed courts.<a name="FNanchor_23_509" id="FNanchor_23_509"></a><a href="#Footnote_23_509" class="fnanchor">23</a> The effort, however, to secure a general declaration +of the powers urging, if not compelling, the abolition +of the trade in 1820, as well as the attempt to secure a +qualified international Right of Visit, failed, although both +propositions were strongly urged by England at the Conference +of 1818.<a name="FNanchor_24_510" id="FNanchor_24_510"></a><a href="#Footnote_24_510" class="fnanchor">24</a></p> + + +<p>69. <b>The Struggle for an International Right of Search, +1820–1840.</b> Whatever England's motives were, it is certain +that only a limited international Right of Visit on the high +seas could suppress or greatly limit the slave-trade. Her diplomacy +was therefore henceforth directed to this end. On the +other hand, the maritime supremacy of England, so successfully<!-- Page 138 --><a name="Page_138" id="Page_138"></a><span class="pagenum">138</span>asserted during the Napoleonic wars, would, in case a +Right of Search were granted, virtually make England the policeman +of the seas; and if nations like the United States had +already, under present conditions, had just cause to complain +of violations by England of their rights on the seas, might not +any extension of rights by international agreement be dangerous? +It was such considerations that for many years brought +the powers to a dead-lock in their efforts to suppress the +slave-trade.</p> + +<p>At first it looked as if England might attempt, by judicial +decisions in her own courts, to seize even foreign slavers.<a name="FNanchor_25_511" id="FNanchor_25_511"></a><a href="#Footnote_25_511" class="fnanchor">25</a> +After the war, however, her courts disavowed such action,<a name="FNanchor_26_512" id="FNanchor_26_512"></a><a href="#Footnote_26_512" class="fnanchor">26</a> +and the right was sought for by treaty stipulation. Castlereagh +took early opportunity to approach the United States on the +matter, suggesting to Minister Rush, June 20, 1818, a mutual +but strictly limited Right of Search.<a name="FNanchor_27_513" id="FNanchor_27_513"></a><a href="#Footnote_27_513" class="fnanchor">27</a> Rush was ordered to +give him assurances of the solicitude of the United States to +suppress the traffic, but to state that the concessions asked for +appeared of a character not adaptable to our institutions. Negotiations +were then transferred to Washington; and the new +British minister, Mr. Stratford Canning, approached Adams +with full instructions in December, 1820.<a name="FNanchor_28_514" id="FNanchor_28_514"></a><a href="#Footnote_28_514" class="fnanchor">28</a></p> + +<p>Meantime, it had become clear to many in the United +States that the individual efforts of States could never suppress +or even limit the trade without systematic co-operation. +In 1817 a committee of the House had urged the opening of +negotiations looking toward such international co-operation,<a name="FNanchor_29_515" id="FNanchor_29_515"></a><a href="#Footnote_29_515" class="fnanchor">29</a> +and a Senate motion to the same effect had caused long debate.<a name="FNanchor_30_516" id="FNanchor_30_516"></a><a href="#Footnote_30_516" class="fnanchor">30</a> +In 1820 and 1821 two House committee reports, one of +which recommended the granting of a Right of Search, were +adopted by the House, but failed in the Senate.<a name="FNanchor_31_517" id="FNanchor_31_517"></a><a href="#Footnote_31_517" class="fnanchor">31</a> Adams, +notwithstanding this, saw constitutional objections to the +<!-- Page 139 --><a name="Page_139" id="Page_139"></a><span class="pagenum">139</span> +plan proposed by Canning, and wrote to him, December 30: +"A Compact, giving the power to the Naval Officers of one +Nation to search the Merchant Vessels of another for Offenders +and offences against the Laws of the latter, backed +by a further power to seize and carry into a Foreign Port, +and there subject to the decision of a Tribunal composed of +at least one half Foreigners, irresponsible to the Supreme +Corrective tribunal of this Union, and not amendable to the +controul of impeachment for official misdemeanors, was an +investment of power, over the persons, property and reputation +of the Citizens of this Country, not only unwarranted +by any delegation of Sovereign Power to the National Government, +but so adverse to the elementary principles and indispensable +securities of individual rights, ... that not +even the most unqualified approbation of the ends ... +could justify the transgression." He then suggested co-operation +of the fleets on the coast of Africa, a proposal which +was promptly accepted.<a name="FNanchor_32_518" id="FNanchor_32_518"></a><a href="#Footnote_32_518" class="fnanchor">32</a></p> + +<p>The slave-trade was again a subject of international consideration +at the Congress of Verona in 1822. Austria, France, +Great Britain, Russia, and Prussia were represented. The +English delegates declared that, although only Portugal and +Brazil allowed the trade, yet the traffic was at that moment +carried on to a greater extent than ever before. They said that +in seven months of the year 1821 no less than 21,000 slaves +were abducted, and three hundred and fifty-two vessels entered +African ports north of the equator. "It is obvious," said +they, "that this crime is committed in contravention of the +Laws of every Country of Europe, and of America, excepting +only of one, and that it requires something more than the +ordinary operation of Law to prevent it." England therefore +recommended:—</p> +<p><!-- Page 140 --><a name="Page_140" id="Page_140"></a><span class="pagenum">140</span></p> +<p>1. That each country denounce the trade as piracy, with +a view of founding upon the aggregate of such separate declarations +a general law to be incorporated in the Law of +Nations.</p> + +<p>2. A withdrawing of the flags of the Powers from persons +not natives of these States, who engage in the traffic under +the flags of these States.</p> + +<p>3. A refusal to admit to their domains the produce of the +colonies of States allowing the trade, a measure which would +apply to Portugal and Brazil alone.</p> + +<p>These proposals were not accepted. Austria would agree to +the first two only; France refused to denounce the trade as +piracy; and Prussia was non-committal. The utmost that +could be gained was another denunciation of the trade +couched in general terms.<a name="FNanchor_33_519" id="FNanchor_33_519"></a><a href="#Footnote_33_519" class="fnanchor">33</a></p> + + +<p>70. <b>Negotiations of 1823–1825.</b> England did not, however, +lose hope of gaining some concession from the United States. +Another House committee had, in 1822, reported that the +only method of suppressing the trade was by granting a Right +of Search.<a name="FNanchor_34_520" id="FNanchor_34_520"></a><a href="#Footnote_34_520" class="fnanchor">34</a> The House agreed, February 28, 1823, to request +the President to enter into negotiations with the maritime +powers of Europe to denounce the slave-trade as piracy; an +amendment "that we agree to a qualified right of search" was, +however, lost.<a name="FNanchor_35_521" id="FNanchor_35_521"></a><a href="#Footnote_35_521" class="fnanchor">35</a> Meantime, the English minister was continually +pressing the matter upon Adams, who proposed in turn +to denounce the trade as piracy. Canning agreed to this, but +only on condition that it be piracy under the Law of Nations +and not merely by statute law. Such an agreement, he said, +would involve a Right of Search for its enforcement; he proposed +strictly to limit and define this right, to allow captured +ships to be tried in their own courts, and not to commit the +United States in any way to the question of the belligerent +Right of Search. Adams finally sent a draft of a proposed +treaty to England, and agreed to recognize the slave-traffic "as +piracy under the law of nations, namely: that, although seizable +by the officers and authorities of every nation, they +should be triable only by the tribunals of the country of the +<!-- Page 141 --><a name="Page_141" id="Page_141"></a><span class="pagenum">141</span>slave trading vessel."<a name="FNanchor_36_522" id="FNanchor_36_522"></a><a href="#Footnote_36_522" class="fnanchor">36</a></p> + +<p>Rush presented this <i>project</i> to the government in January, +1824. England agreed to all the points insisted on by the +United States; viz., that she herself should denounce the trade +as piracy; that slavers should be tried in their own country; +that the captor should be laid under the most effective responsibility +for his conduct; and that vessels under convoy of +a ship of war of their own country should be exempt from +search. In addition, England demanded that citizens of either +country captured under the flag of a third power should be +sent home for trial, and that citizens of either country chartering +vessels of a third country should come under these +stipulations.<a name="FNanchor_37_523" id="FNanchor_37_523"></a><a href="#Footnote_37_523" class="fnanchor">37</a></p> + +<p>This convention was laid before the Senate April 30, 1824, +but was not acted upon until May 21, when it was so +amended as to make it terminable at six months' notice. The +same day, President Monroe, "apprehending, from the delay +in the decision, that some difficulty exists," sent a special message +to the Senate, giving at length the reasons for signing +the treaty, and saying that "should this Convention be +adopted, there is every reason to believe, that it will be the +commencement of a system destined to accomplish the entire +Abolition of the Slave Trade." It was, however, a time of +great political pot-boiling, and consequently an unfortunate +occasion to ask senators to settle any great question. A systematic +attack, led by Johnson of Louisiana, was made on all +the vital provisions of the treaty: the waters of America were +excepted from its application, and those of the West Indies +barely escaped exception; the provision which, perhaps, +aimed the deadliest blow at American slave-trade interests was +likewise struck out; namely, the application of the Right of +Search to citizens chartering the vessels of a third nation.<a name="FNanchor_38_524" id="FNanchor_38_524"></a><a href="#Footnote_38_524" class="fnanchor">38</a></p> + +<p>The convention thus mutilated was not signed by England, +who demanded as the least concession the application of the +Right of Search to American waters. Meantime the United +States had invited nearly all nations to denounce the t<!-- Page 142 --><a name="Page_142" id="Page_142"></a><span class="pagenum">142</span>rade as +piracy; and the President, the Secretary of the Navy, and a +House committee had urgently favored the granting of the +Right of Search. The bad faith of Congress, however, in the +matter of the Colombian treaty broke off for a time further +negotiations with England.<a name="FNanchor_39_525" id="FNanchor_39_525"></a><a href="#Footnote_39_525" class="fnanchor">39</a></p> + + +<p>71. <b>The Attitude of the United States and the State of +the Slave-Trade.</b> In 1824 the Right of Search was established +between England and Sweden, and in 1826 Brazil promised to +abolish the trade in three years.<a name="FNanchor_40_526" id="FNanchor_40_526"></a><a href="#Footnote_40_526" class="fnanchor">40</a> In 1831 the cause was greatly +advanced by the signing of a treaty between Great Britain and +France, granting mutually a geographically limited Right of +Search.<a name="FNanchor_41_527" id="FNanchor_41_527"></a><a href="#Footnote_41_527" class="fnanchor">41</a> This led, in the next few years, to similar treaties +with Denmark, Sardinia,<a name="FNanchor_42_528" id="FNanchor_42_528"></a><a href="#Footnote_42_528" class="fnanchor">42</a> the Hanse towns,<a name="FNanchor_43_529" id="FNanchor_43_529"></a><a href="#Footnote_43_529" class="fnanchor">43</a> and Naples.<a name="FNanchor_44_530" id="FNanchor_44_530"></a><a href="#Footnote_44_530" class="fnanchor">44</a> +Such measures put the trade more and more in the hands of +Americans, and it began greatly to increase. Mercer sought +repeatedly in the House to have negotiations reopened with +England, but without success.<a name="FNanchor_45_531" id="FNanchor_45_531"></a><a href="#Footnote_45_531" class="fnanchor">45</a> Indeed, the chances of success +were now for many years imperilled by the recurrence of deliberate +search of American vessels by the British.<a name="FNanchor_46_532" id="FNanchor_46_532"></a><a href="#Footnote_46_532" class="fnanchor">46</a> In the majo<!-- Page 143 --><a name="Page_143" id="Page_143"></a><span class="pagenum">143</span>rity +of cases the vessels proved to be slavers, and some of +them fraudulently flew the American flag; nevertheless, their +molestation by British cruisers created much feeling, and hindered +all steps toward an understanding: the United States +was loath to have her criminal negligence in enforcing her +own laws thus exposed by foreigners. Other international +questions connected with the trade also strained the relations +of the two countries: three different vessels engaged in the +domestic slave-trade, driven by stress of weather, or, in the +"Creole" case, captured by Negroes on board, landed slaves +in British possessions; England freed them, and refused to +pay for such as were landed after emancipation had been proclaimed +in the West Indies.<a name="FNanchor_47_533" id="FNanchor_47_533"></a><a href="#Footnote_47_533" class="fnanchor">47</a> The case of the slaver "L'Amistad" +also raised difficulties with Spain. This Spanish vessel, +after the Negroes on board had mutinied and killed their +owners, was seized by a United States vessel and brought into +port for adjudication. The court, however, freed the Negroes, +on the ground that under Spanish law they were not legally +slaves; and although the Senate repeatedly tried to indemnify +the owners, the project did not succeed.<a name="FNanchor_48_534" id="FNanchor_48_534"></a><a href="#Footnote_48_534" class="fnanchor">48</a></p> + +<p>Such proceedings well illustrate the new tendency of the +pro-slavery party to neglect the enforcement of the slave-trade +laws, in a frantic defence of the remotest ramparts of slave +property. Consequently, when, after the treaty of 1831, France +and England joined in urging the accession of the United +States to it, the British minister was at last compelled to +inform Palmerston, December, 1833, that "the Executive at +Washington appears to shrink from bringing forward, in an<!-- Page 144 --><a name="Page_144" id="Page_144"></a><span class="pagenum">144</span>y +shape, a question, upon which depends the completion of +their former object—the utter and universal Abolition of the +Slave Trade—from an apprehension of alarming the Southern +States."<a name="FNanchor_49_535" id="FNanchor_49_535"></a><a href="#Footnote_49_535" class="fnanchor">49</a> Great Britain now offered to sign the proposed +treaty of 1824 as amended; but even this Forsyth refused, and +stated that the United States had determined not to become +"a party of any Convention on the subject of the Slave +Trade."<a name="FNanchor_50_536" id="FNanchor_50_536"></a><a href="#Footnote_50_536" class="fnanchor">50</a></p> + +<p>Estimates as to the extent of the slave-trade agree that the +traffic to North and South America in 1820 was considerable, +certainly not much less than 40,000 slaves annually. From +that time to about 1825 it declined somewhat, but afterward +increased enormously, so that by 1837 the American importation +was estimated as high as 200,000 Negroes annually. The +total abolition of the African trade by American countries +then brought the traffic down to perhaps 30,000 in 1842. A +large and rapid increase of illicit traffic followed; so that by +1847 the importation amounted to nearly 100,000 annually. +One province of Brazil is said to have received 173,000 in the +years 1846–1849. In the decade 1850–1860 this activity in +slave-trading continued, and reached very large proportions.</p> + +<p>The traffic thus carried on floated under the flags of France, +Spain, and Portugal, until about 1830; from 1830 to 1840 it +began gradually to assume the United States flag; by 1845, a +large part of the trade was under the stars and stripes; by 1850 +fully one-half the trade, and in the decade, 1850–1860 nearly +all the traffic, found this flag its best protection.<a name="FNanchor_51_537" id="FNanchor_51_537"></a><a href="#Footnote_51_537" class="fnanchor">51</a></p> +<p><!-- Page 145 --><a name="Page_145" id="Page_145"></a><span class="pagenum">145</span></p> + +<p>72. <b>The Quintuple Treaty, 1839–1842.</b> In 1839 Pope Gregory +XVI. stigmatized the slave-trade "as utterly unworthy of +the Christian name;" and at the same time, although proscribed +by the laws of every civilized State, the trade was flourishing +with pristine vigor. Great advantage was given the +traffic by the fact that the United States, for two decades after +the abortive attempt of 1824, refused to co-operate with the +rest of the civilized world, and allowed her flag to shelter and +protect the slave-trade. If a fully equipped slaver sailed from +New York, Havana, Rio Janeiro, or Liverpool, she had only +to hoist the stars and stripes in order to proceed unmolested +on her piratical voyage; for there was seldom a United States +<!-- Page 146 --><a name="Page_146" id="Page_146"></a><span class="pagenum">146</span>cruiser to be met with, and there were, on the other hand, +diplomats at Washington so jealous of the honor of the flag +that they would prostitute it to crime rather than allow an +English or a French cruiser in any way to interfere. Without +doubt, the contention of the United States as to England's +pretensions to a Right of Visit was technically correct. Nevertheless, +it was clear that if the slave-trade was to be suppressed, +each nation must either zealously keep her flag from +fraudulent use, or, as a labor-saving device, depute to others +this duty for limited places and under special circumstances. +A failure of any one nation to do one of these two things +meant that the efforts of all other nations were to be fruitless. +The United States had invited the world to join her in denouncing +the slave-trade as piracy; yet, when such a pirate +was waylaid by an English vessel, the United States complained +or demanded reparation. The only answer which this +country for years returned to the long-continued exposures of +American slave-traders and of the fraudulent use of the American +flag, was a recital of cases where Great Britain had gone +beyond her legal powers in her attempt to suppress the slave-trade.<a name="FNanchor_52_538" id="FNanchor_52_538"></a><a href="#Footnote_52_538" class="fnanchor">52</a> +In the face of overwhelming evidence to the contrary, +Secretary of State Forsyth declared, in 1840, that the duty of +the United States in the matter of the slave-trade "has been +faithfully performed, and if the traffic still exists as a disgrace +to humanity, it is to be imputed to nations with whom Her +Majesty's Government has formed and maintained the most +intimate connexions, and to whose Governments Great Britain +has paid for the right of active intervention in order to its +complete extirpation."<a name="FNanchor_53_539" id="FNanchor_53_539"></a><a href="#Footnote_53_539" class="fnanchor">53</a> So zealous was Stevenson, our minister +to England, in denying the Right of Search, that he +boldly informed Palmerston, in 1841, "that there is no shadow +of pretence for excusing, much less justifying, the exercise of +any such right. That it is wholly immaterial, whether the vessels +be equipped for, or actually engaged in slave traffic or +not, and consequently the right to search or detain even slave +vessels, must be confined to the ships or vessels of those +nations with whom it may have treaties on the subject."<a name="FNanchor_54_540" id="FNanchor_54_540"></a><a href="#Footnote_54_540" class="fnanchor">54</a> +Palmerston<!-- Page 147 --><span class="pagenum">147</span><a name="Page_147" id="Page_147"></a> courteously replied that he could not think that +the United States seriously intended to make its flag a refuge +for slave-traders;<a name="FNanchor_55_541" id="FNanchor_55_541"></a><a href="#Footnote_55_541" class="fnanchor">55</a> and Aberdeen pertinently declared: "Now, +it can scarcely be maintained by Mr. Stevenson that Great +Britain should be bound to permit her own subjects, with +British vessels and British capital, to carry on, before the eyes +of British officers, this detestable traffic in human beings, +which the law has declared to be piracy, merely because they +had the audacity to commit an additional offence by fraudulently +usurping the American flag."<a name="FNanchor_56_542" id="FNanchor_56_542"></a><a href="#Footnote_56_542" class="fnanchor">56</a> Thus the dispute, even +after the advent of Webster, went on for a time, involving +itself in metaphysical subtleties, and apparently leading no +nearer to an understanding.<a name="FNanchor_57_543" id="FNanchor_57_543"></a><a href="#Footnote_57_543" class="fnanchor">57</a></p> + +<p>In 1838 a fourth conference of the powers for the consideration +of the slave-trade took place at London. It was attended +by representatives of England, France, Russia, Prussia, and +Austria. England laid the <i>projet</i> of a treaty before them, to +which all but France assented. This so-called Quintuple +Treaty, signed December 20, 1841, denounced the slave-trade +as piracy, and declared that "the High Contracting Parties +agree by common consent, that those of their ships of war +which shall be provided with special warrants and orders ... +may search every merchant-vessel belonging to any one of the +High Contracting Parties which shall, on reasonable grounds, +be suspected of being engaged in the traffic in slaves." All +captured slavers were to be sent to their own countries for +trial.<a name="FNanchor_58_544" id="FNanchor_58_544"></a><a href="#Footnote_58_544" class="fnanchor">58</a></p> + +<p>While the ratification of this treaty was pending, the United +States minister to France, Lewis Cass, addressed an official +note to Guizot at the French foreign office, protesting against +the institution of an international Right of Search, and rather +grandiloquently warning the powers against the use of force +to accomplish their ends.<a name="FNanchor_59_545" id="FNanchor_59_545"></a><a href="#Footnote_59_545" class="fnanchor">59</a> This extraordinary epistle, issued +on the minister's own responsibility, brought a reply denying +<!-- Page 148 --><a name="Page_148" id="Page_148"></a><span class="pagenum">148</span>that the creation of any "new principle of international law, +whereby the vessels even of those powers which have not participated +in the arrangement should be subjected to the right +of search," was ever intended, and affirming that no such extraordinary +interpretation could be deduced from the Convention. +Moreover, M. Guizot hoped that the United States, +by agreeing to this treaty, would "aid, by its most sincere +endeavors, in the definitive abolition of the trade."<a name="FNanchor_60_546" id="FNanchor_60_546"></a><a href="#Footnote_60_546" class="fnanchor">60</a> Cass's +theatrical protest was, consciously or unconsciously, the manifesto +of that growing class in the United States who wanted +no further measures taken for the suppression of the slave-trade; +toward that, as toward the institution of slavery, this +party favored a policy of strict <i>laissez-faire</i>.</p> + + +<p>73. <b>Final Concerted Measures, 1842–1862.</b> The Treaty of +Washington, in 1842, made the first effective compromise in +the matter and broke the unpleasant dead-lock, by substituting +joint cruising by English and American squadrons for the +proposed grant of a Right of Search. In submitting this +treaty, Tyler said: "The treaty which I now submit to you +proposes no alteration, mitigation, or modification of the +rules of the law of nations. It provides simply that each of the +two Governments shall maintain on the coast of Africa a sufficient +squadron to enforce separately and respectively the +laws, rights, and obligations of the two countries for the +suppression of the slave trade."<a name="FNanchor_61_547" id="FNanchor_61_547"></a><a href="#Footnote_61_547" class="fnanchor">61</a> This provision was a part of +the treaty to settle the boundary disputes with England. In +the Senate, Benton moved to strike out this article; but the +attempt was defeated by a vote of 37 to 12, and the treaty was +ratified.<a name="FNanchor_62_548" id="FNanchor_62_548"></a><a href="#Footnote_62_548" class="fnanchor">62</a></p> + +<p>This stipulation of the treaty of 1842 was never properly +carried out by the United States for any length of time.<a name="FNanchor_63_549" id="FNanchor_63_549"></a><a href="#Footnote_63_549" class="fnanchor">63</a> Consequently +the same difficulties as to search and visit by English<!-- Page 149 --><a name="Page_149" id="Page_149"></a><span class="pagenum">149</span> +vessels continued to recur. Cases like the following were +frequent. The "Illinois," of Gloucester, Massachusetts, while +lying at Whydah, Africa, was boarded by a British officer, but +having American papers was unmolested. Three days later she +hoisted Spanish colors and sailed away with a cargo of slaves. +Next morning she fell in with another British vessel and +hoisted American colors; the British ship had then no right +to molest her; but the captain of the slaver feared that she +would, and therefore ran his vessel aground, slaves and all. +The senior English officer reported that "had Lieutenant +Cumberland brought to and boarded the 'Illinois,' notwithstanding +the American colors which she hoisted, ... the +American master of the 'Illinois' ... would have complained +to his Government of the detention of his vessel."<a name="FNanchor_64_550" id="FNanchor_64_550"></a><a href="#Footnote_64_550" class="fnanchor">64</a> Again, a +vessel which had been boarded by British officers and found +with American flag and papers was, a little later, captured under +the Spanish flag with four hundred and thirty slaves. She +had in the interim complained to the United States government +of the boarding.<a name="FNanchor_65_551" id="FNanchor_65_551"></a><a href="#Footnote_65_551" class="fnanchor">65</a></p> + +<p>Meanwhile, England continued to urge the granting of a +Right of Search, claiming that the stand of the United States +really amounted to the wholesale protection of pirates under +her flag.<a name="FNanchor_66_552" id="FNanchor_66_552"></a><a href="#Footnote_66_552" class="fnanchor">66</a> The United States answered by alleging that even +the Treaty of 1842 had been misconstrued by England,<a name="FNanchor_67_553" id="FNanchor_67_553"></a><a href="#Footnote_67_553" class="fnanchor">67</a> +whereupon there was much warm debate in Congress, and +several attempts were made to abrogate the slave-trade article +of the treaty.<a name="FNanchor_68_554" id="FNanchor_68_554"></a><a href="#Footnote_68_554" class="fnanchor">68</a> The pro-slavery party had become more and +more suspicious of England's motives, since they had seen her +abolition of the slave-trade blossom into abolition of the system +itself, and they seized every opportunity to prevent co-operation +with her. At the same time, European interest in +the question showed some signs of weakening, and no decided +action was taken. In 1845 France changed her Right of<!-- Page 150 --><a name="Page_150" id="Page_150"></a><span class="pagenum">150</span> +Search stipulations of 1833 to one for joint cruising,<a name="FNanchor_69_555" id="FNanchor_69_555"></a><a href="#Footnote_69_555" class="fnanchor">69</a> while the +Germanic Federation,<a name="FNanchor_70_556" id="FNanchor_70_556"></a><a href="#Footnote_70_556" class="fnanchor">70</a> Portugal,<a name="FNanchor_71_557" id="FNanchor_71_557"></a><a href="#Footnote_71_557" class="fnanchor">71</a> and Chili<a name="FNanchor_72_558" id="FNanchor_72_558"></a><a href="#Footnote_72_558" class="fnanchor">72</a>enounced the +trade as piracy. In 1844 Texas granted the Right of Search to +England,<a name="FNanchor_73_559" id="FNanchor_73_559"></a><a href="#Footnote_73_559" class="fnanchor">73</a> and in 1845 Belgium signed the Quintuple Treaty.<a name="FNanchor_74_560" id="FNanchor_74_560"></a><a href="#Footnote_74_560" class="fnanchor">74</a></p> + +<p>Discussion between England and the United States was revived +when Cass held the State portfolio, and, strange to say, +the author of "Cass's Protest" went farther than any of his +predecessors in acknowledging the justice of England's demands. +Said he, in 1859: "If The United States maintained +that, by carrying their flag at her masthead, any vessel became +thereby entitled to the immunity which belongs to American +vessels, they might well be reproached with assuming a position +which would go far towards shielding crimes upon the +ocean from punishment; but they advance no such pretension, +while they concede that, if in the honest examination of +a vessel sailing under American colours, but accompanied by +strongly-marked suspicious circumstances, a mistake is made, +and she is found to be entitled to the flag she bears, but no +injury is committed, and the conduct of the boarding party is +irreproachable, no Government would be likely to make a +case thus exceptional in its character a subject of serious reclamation."<a name="FNanchor_75_561" id="FNanchor_75_561"></a><a href="#Footnote_75_561" class="fnanchor">75</a> +While admitting this and expressing a desire to +co-operate in the suppression of the slave-trade, Cass nevertheless +steadily refused all further overtures toward a +mutual Right of Search.</p> + +<p>The increase of the slave-traffic was so great in the decade +1850–1860 that Lord John Russell proposed to the governments +of the United States, France, Spain, Portugal, and Brazil, +that they instruct their ministers to meet at London in +May or June, 1860, to consider measures for the final abolition +of the trade. He stated: "It is ascertained, by repeated instances, +<!-- Page 151 --><a name="Page_151" id="Page_151"></a><span class="pagenum">151</span>that the practice is for vessels to sail under the American +flag. If the flag is rightly assumed, and the papers correct, +no British cruizer can touch them. If no slaves are on board, +even though the equipment, the fittings, the water-casks, and +other circumstances prove that the ship is on a Slave Trade +venture, no American cruizer can touch them."<a name="FNanchor_76_562" id="FNanchor_76_562"></a><a href="#Footnote_76_562" class="fnanchor">76</a> Continued +representations of this kind were made to the paralyzed +United States government; indeed, the slave-trade of the +world seemed now to float securely under her flag. Nevertheless, +Cass refused even to participate in the proposed conference, +and later refused to accede to a proposal for joint +cruising off the coast of Cuba.<a name="FNanchor_77_563" id="FNanchor_77_563"></a><a href="#Footnote_77_563" class="fnanchor">77</a> Great Britain offered to relieve +the United States of any embarrassment by receiving all +captured Africans into the West Indies; but President Buchanan +"could not contemplate any such arrangement," and +obstinately refused to increase the suppressing squadron.<a name="FNanchor_78_564" id="FNanchor_78_564"></a><a href="#Footnote_78_564" class="fnanchor">78</a></p> + +<p>On the outbreak of the Civil War, the Lincoln administration, +through Secretary Seward, immediately expressed a willingness +to do all in its power to suppress the slave-trade.<a name="FNanchor_79_565" id="FNanchor_79_565"></a><a href="#Footnote_79_565" class="fnanchor">79</a> +Accordingly, June 7, 1862, a treaty was signed with Great Britain +granting a mutual limited Right of Search, and establishing +mixed courts for the trial of offenders at the Cape of +Good Hope, Sierra Leone, and New York.<a name="FNanchor_80_566" id="FNanchor_80_566"></a><a href="#Footnote_80_566" class="fnanchor">80</a> The efforts of a +half-century of diplomacy were finally crowned; Seward +wrote to Adams, "Had such a treaty been made in 1808, there +would now have been no sedition here."<a name="FNanchor_81_567" id="FNanchor_81_567"></a><a href="#Footnote_81_567" class="fnanchor">81</a></p> +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_487" id="Footnote_1_487"></a><a href="#FNanchor_1_487"><span class="label">1</span></a> Cf. Augustine Cochin, in Lalor, <i>Cyclopedia</i>, III. 723.</p></div> + +<div class="footnote"><p><a name="Footnote_2_488" id="Footnote_2_488"></a><a href="#FNanchor_2_488"><span class="label">2</span></a> By a law of Aug. 11, 1792, the encouragement formerly given to the trade +was stopped. Cf. <i>Choix de rapports, opinions et discours prononcés à la tribune +nationale depuis 1789</i> (Paris, 1821), XIV. 425; quoted in Cochin, <i>The Results of +Emancipation</i> (Booth's translation, 1863), pp. 33, 35–8.</p></div> + +<div class="footnote"><p><a name="Footnote_3_489" id="Footnote_3_489"></a><a href="#FNanchor_3_489"><span class="label">3</span></a> Cochin, <i>The Results of Emancipation</i> (Booth's translation, 1863), pp. 42–7.</p></div> + +<div class="footnote"><p><a name="Footnote_4_490" id="Footnote_4_490"></a><a href="#FNanchor_4_490"><span class="label">4</span></a> <i>British and Foreign State Papers</i>, 1815–6, p. 196.</p></div> + +<div class="footnote"><p><a name="Footnote_5_491" id="Footnote_5_491"></a><a href="#FNanchor_5_491"><span class="label">5</span></a> <i>Ibid.</i>, pp. 195–9, 292–3; 1816–7, p. 755. It was eventually confirmed by +royal ordinance, and the law of April 15, 1818.</p></div> + +<div class="footnote"><p><a name="Footnote_6_492" id="Footnote_6_492"></a><a href="#FNanchor_6_492"><span class="label">6</span></a> <i>Statute 28 George III.</i>, ch. 54. Cf. <i>Statute 29 George III.</i>, ch. 66.</p></div> + +<div class="footnote"><p><a name="Footnote_7_493" id="Footnote_7_493"></a><a href="#FNanchor_7_493"><span class="label">7</span></a> Various petitions had come in praying for an abolition of the slave-trade; +and by an order in Council, Feb. 11, 1788, a committee of the Privy Council +was ordered to take evidence on the subject. This committee presented an +elaborate report in 1739. See published <i>Report</i>, London, 1789.</p></div> + +<div class="footnote"><p><a name="Footnote_8_494" id="Footnote_8_494"></a><a href="#FNanchor_8_494"><span class="label">8</span></a> For the history of the Parliamentary struggle, cf. Clarkson's and Copley's +histories. The movement was checked in the House of Commons in 1789, +1790, and 1791. In 1792 the House of Commons resolved to abolish the trade +in 1796. The Lords postponed the matter to take evidence. A bill to prohibit +the foreign slave-trade was lost in 1793, passed the next session, and was lost +in the House of Lords. In 1795, 1796, 1798, and 1799 repeated attempts to +abolish the trade were defeated. The matter then rested until 1804, when the +battle was renewed with more success.</p></div> + +<div class="footnote"><p><a name="Footnote_9_495" id="Footnote_9_495"></a><a href="#FNanchor_9_495"><span class="label">9</span></a> <i>Statute 46 George III.</i>, ch. 52, 119; <i>47 George III.</i>, sess. I. ch. 36.</p></div> + +<div class="footnote"><p><a name="Footnote_10_496" id="Footnote_10_496"></a><a href="#FNanchor_10_496"><span class="label">10</span></a> Sparks, <i>Diplomatic Correspondence</i>, X. 154.</p></div> + +<div class="footnote"><p><a name="Footnote_11_497" id="Footnote_11_497"></a><a href="#FNanchor_11_497"><span class="label">11</span></a> Fox to Hartley, June 10, 1783; quoted in Bancroft, <i>History of the Constitution +of the United States</i>, I. 61.</p></div> + +<div class="footnote"><p><a name="Footnote_12_498" id="Footnote_12_498"></a><a href="#FNanchor_12_498"><span class="label">12</span></a> <i>Amer. State Papers, Foreign</i>, III. No. 214, p. 151.</p></div> + +<div class="footnote"><p><a name="Footnote_13_499" id="Footnote_13_499"></a><a href="#FNanchor_13_499"><span class="label">13</span></a> <i>British and Foreign State Papers</i>, 1815–6, pp. 886, 937 (quotation).</p></div> + +<div class="footnote"><p><a name="Footnote_14_500" id="Footnote_14_500"></a><a href="#FNanchor_14_500"><span class="label">14</span></a> <i>Ibid.</i>, pp. 890–1.</p></div> + +<div class="footnote"><p><a name="Footnote_15_501" id="Footnote_15_501"></a><a href="#FNanchor_15_501"><span class="label">15</span></a> <i>British and Foreign State Papers</i>, 1815–6, p. 887. Russia, Austria, and Prussia +returned favorable replies: <i>Ibid.</i>, pp. 887–8.</p></div> + +<div class="footnote"><p><a name="Footnote_16_502" id="Footnote_16_502"></a><a href="#FNanchor_16_502"><span class="label">16</span></a> <i>Ibid.</i>, p. 889.</p></div> + +<div class="footnote"><p><a name="Footnote_17_503" id="Footnote_17_503"></a><a href="#FNanchor_17_503"><span class="label">17</span></a> She desired a loan, which England made on this condition: <i>Ibid.</i>, pp. +921–2.</p></div> + +<div class="footnote"><p><a name="Footnote_18_504" id="Footnote_18_504"></a><a href="#FNanchor_18_504"><span class="label">18</span></a> <i>Ibid.</i>, pp. 937–9. Certain financial arrangements secured this concession.</p></div> + +<div class="footnote"><p><a name="Footnote_19_505" id="Footnote_19_505"></a><a href="#FNanchor_19_505"><span class="label">19</span></a> <i>Ibid.</i>, pp. 939–75</p></div> + +<div class="footnote"><p><a name="Footnote_20_506" id="Footnote_20_506"></a><a href="#FNanchor_20_506"><span class="label">20</span></a> <i>Amer. State Papers, Foreign</i>, III. No. 271, pp. 735–48; <i>U.S. Treaties and +Conventions</i> (ed. 1889), p. 405.</p></div> + +<div class="footnote"><p><a name="Footnote_21_507" id="Footnote_21_507"></a><a href="#FNanchor_21_507"><span class="label">21</span></a> This was inserted in the Treaty of Paris, Nov. 20, 1815: <i>British and Foreign +State Papers</i>, 1815–6, p. 292.</p></div> + +<div class="footnote"><p><a name="Footnote_22_508" id="Footnote_22_508"></a><a href="#FNanchor_22_508"><span class="label">22</span></a> <i>Ibid.</i>, 1816–7, pp. 33–74 (English version, 1823–4, p. 702 ff.).</p></div> + +<div class="footnote"><p><a name="Footnote_23_509" id="Footnote_23_509"></a><a href="#FNanchor_23_509"><span class="label">23</span></a> Cf. <i>Ibid.</i>, 1817–8, p. 125 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_24_510" id="Footnote_24_510"></a><a href="#FNanchor_24_510"><span class="label">24</span></a> This was the first meeting of the London ministers of the powers according +to agreement; they assembled Dec. 4, 1817, and finally called a meeting of +plenipotentiaries on the question of suppression at Aix-la-Chapelle, beginning +Oct. 24, 1818. Among those present were Metternich, Richelieu, Wellington, +Castlereagh, Hardenberg, Bernstorff, Nesselrode, and Capodistrias. +Castlereagh made two propositions: 1. That the five powers join in urging +Portugal and Brazil to abolish the trade May 20, 1820; 2. That the powers +adopt the principle of a mutual qualified Right of Search. Cf. <i>British and +Foreign State Papers</i>, 1818–9, pp. 21–88; <i>Amer. State Papers, Foreign</i>, V. No. +346, pp. 113–122.</p></div> + +<div class="footnote"><p><a name="Footnote_25_511" id="Footnote_25_511"></a><a href="#FNanchor_25_511"><span class="label">25</span></a> For cases, see <i>1 Acton</i>, 240, the "Amedie," and <i>1 Dodson</i>, 81, the "Fortuna;" +quoted in U.S. Reports, <i>10 Wheaton</i>, 66.</p></div> + +<div class="footnote"><p><a name="Footnote_26_512" id="Footnote_26_512"></a><a href="#FNanchor_26_512"><span class="label">26</span></a> Cf. the case of the French ship "Le Louis": <i>2 Dodson</i>, 238; and also the +case of the "San Juan Nepomuceno": <i>1 Haggard</i>, 267.</p></div> + +<div class="footnote"><p><a name="Footnote_27_513" id="Footnote_27_513"></a><a href="#FNanchor_27_513"><span class="label">27</span></a> <i>British and Foreign State Papers</i>, 1819–20, pp. 375–9; also pp. 220–2.</p></div> + +<div class="footnote"><p><a name="Footnote_28_514" id="Footnote_28_514"></a><a href="#FNanchor_28_514"><span class="label">28</span></a> <i>Ibid.</i>, 1820–21, pp. 395–6.</p></div> + +<div class="footnote"><p><a name="Footnote_29_515" id="Footnote_29_515"></a><a href="#FNanchor_29_515"><span class="label">29</span></a> <i>House Doc.</i>, 14 Cong. 2 sess. II. No. 77.</p></div> + +<div class="footnote"><p><a name="Footnote_30_516" id="Footnote_30_516"></a><a href="#FNanchor_30_516"><span class="label">30</span></a> <i>Annals of Cong.</i>, 15 Cong. 1 sess. pp. 71, 73–78, 94–109. The motion +was opposed largely by Southern members, and passed by a vote of 17 +to 16.</p></div> + +<div class="footnote"><p><a name="Footnote_31_517" id="Footnote_31_517"></a><a href="#FNanchor_31_517"><span class="label">31</span></a> One was reported, May 9, 1820, by Mercer's committee, and passed May +12: <i>House Journal</i>, 16 Cong. 1 sess. pp. 497, 518, 520, 526; <i>Annals of Cong.</i>, 16 +Cong. 1 sess. pp. 697–9. A similar resolution passed the House next session, +and a committee reported in favor of the Right of Search: <i>Ibid.</i>, 16 Cong. 2 +sess. pp. 1064–71. Cf. <i>Ibid.</i>, pp. 476, 743, 865, 1469.</p></div> + +<div class="footnote"><p><a name="Footnote_32_518" id="Footnote_32_518"></a><a href="#FNanchor_32_518"><span class="label">32</span></a> <i>British and Foreign State Papers</i>, 1820–21, pp. 397–400.</p></div> + +<div class="footnote"><p><a name="Footnote_33_519" id="Footnote_33_519"></a><a href="#FNanchor_33_519"><span class="label">33</span></a> <i>British and Foreign State Papers</i>, 1822–3, pp. 94–110.</p></div> + +<div class="footnote"><p><a name="Footnote_34_520" id="Footnote_34_520"></a><a href="#FNanchor_34_520"><span class="label">34</span></a> <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92.</p></div> + +<div class="footnote"><p><a name="Footnote_35_521" id="Footnote_35_521"></a><a href="#FNanchor_35_521"><span class="label">35</span></a> <i>House Journal</i>, 17 Cong. 2 sess. pp. 212, 280; <i>Annals of Cong.</i>, 17 Cong. 2 +sess. pp. 922, 1147–1155.</p></div> + +<div class="footnote"><p><a name="Footnote_36_522" id="Footnote_36_522"></a><a href="#FNanchor_36_522"><span class="label">36</span></a> <i>British and Foreign State Papers</i>, 1823–4, pp. 409–21; 1824–5, pp. 828–47; +<i>Amer. State Papers, Foreign</i>, V. No. 371, pp. 333–7.</p></div> + +<div class="footnote"><p><a name="Footnote_37_523" id="Footnote_37_523"></a><a href="#FNanchor_37_523"><span class="label">37</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_38_524" id="Footnote_38_524"></a><a href="#FNanchor_38_524"><span class="label">38</span></a> <i>Ibid.</i>, No. 374, p. 344 ff., No. 379, pp. 360–2.</p></div> + +<div class="footnote"><p><a name="Footnote_39_525" id="Footnote_39_525"></a><a href="#FNanchor_39_525"><span class="label">39</span></a> <i>House Reports</i>, 18 Cong. 2 sess. I. No. 70; <i>Amer. State Papers, Foreign</i>, V. +No. 379, pp. 364–5, No. 414, p. 783, etc. Among the nations invited by the +United States to co-operate in suppressing the trade was the United States of +Colombia. Mr. Anderson, our minister, expressed "the certain belief that the +Republic of Colombia will not permit herself to be behind any Government +in the civilized world in the adoption of energetic measures for the suppression +of this disgraceful traffic": <i>Ibid.</i>, No. 407, p. 729. The little republic +replied courteously; and, as a <i>projet</i> for a treaty, Mr. Anderson offered the +proposed English treaty of 1824, including the Senate amendments. Nevertheless, +the treaty thus agreed to was summarily rejected by the Senate, +March 9, 1825: <i>Ibid.</i>, p. 735. Another result of this general invitation of the +United States was a proposal by Colombia that the slave-trade and the status +of Hayti be among the subjects for discussion at the Panama Congress. As a +result of this, a Senate committee recommended that the United States take +no part in the Congress. This report was finally disagreed to by a vote of 19 +to 24: <i>Ibid.</i>, No. 423, pp. 837, 860, 876, 882.</p></div> + +<div class="footnote"><p><a name="Footnote_40_526" id="Footnote_40_526"></a><a href="#FNanchor_40_526"><span class="label">40</span></a> <i>British and Foreign State Papers</i>, 1823–4, and 1826–7. Brazil abolished the +trade in 1830.</p></div> + +<div class="footnote"><p><a name="Footnote_41_527" id="Footnote_41_527"></a><a href="#FNanchor_41_527"><span class="label">41</span></a> This treaty was further defined in 1833: <i>Ibid.</i>, 1830–1, p. 641 ff.; 1832–3, +p. 286 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_42_528" id="Footnote_42_528"></a><a href="#FNanchor_42_528"><span class="label">42</span></a> <i>Ibid.</i>, 1833–4, pp. 218 ff., 1059 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_43_529" id="Footnote_43_529"></a><a href="#FNanchor_43_529"><span class="label">43</span></a> <i>Ibid.</i>, 1837–8, p. 268 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_44_530" id="Footnote_44_530"></a><a href="#FNanchor_44_530"><span class="label">44</span></a> <i>Ibid.</i>, 1838–9, p. 792 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_45_531" id="Footnote_45_531"></a><a href="#FNanchor_45_531"><span class="label">45</span></a> Viz., Feb. 28, 1825; April 7, 1830; Feb. 16, 1831; March 3, 1831. The last +resolution passed the House: <i>House Journal</i>, 21 Cong. 2 sess. pp. 426–8.</p></div> + +<div class="footnote"><p><a name="Footnote_46_532" id="Footnote_46_532"></a><a href="#FNanchor_46_532"><span class="label">46</span></a> Cf. <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 35–6, etc.; <i>House Reports</i>, +27 Cong. 3 sess. III. No. 283, pp. 730–55, etc.</p></div> + +<div class="footnote"><p><a name="Footnote_47_533" id="Footnote_47_533"></a><a href="#FNanchor_47_533"><span class="label">47</span></a> These were the celebrated cases of the "Encomium," "Enterprize," and +"Comet." Cf. <i>Senate Doc.</i>, 24 Cong. 2 sess. II. No. 174; 25 Cong. 3 sess. III. +No. 216. Cf. also case of the "Creole": <i>Ibid.</i>, 27 Cong. 2 sess. II.-III. Nos. +51, 137.</p></div> + +<div class="footnote"><p><a name="Footnote_48_534" id="Footnote_48_534"></a><a href="#FNanchor_48_534"><span class="label">48</span></a> <i>Ibid.</i>, 26 Cong. 2 sess. IV. No. 179; <i>Senate Exec. Doc.</i>, 31 Cong. 2 sess. III. +No. 29; 32 Cong. 2 sess. III. No. 19; <i>Senate Reports</i>, 31 Cong. 2 sess. No. 301; +32 Cong. 1 sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; <i>House Doc.</i>, 26 Cong. 1 +sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 Cong. 1 sess. IV. No. 83; +<i>House Exec. Doc.</i>, 32 Cong. 2 sess. III. No. 20; <i>House Reports</i>, 26 Cong. 2 sess. +No. 51; 28 Cong. 1 sess. II. No. 426; 29 Cong. 1 sess. IV. No. 753; also Decisions +of the U.S. Supreme Court, <i>15 Peters</i>, 518. Cf. Drake, <i>Revelations of a +Slave Smuggler</i>, p. 98.</p></div> + +<div class="footnote"><p><a name="Footnote_49_535" id="Footnote_49_535"></a><a href="#FNanchor_49_535"><span class="label">49</span></a> <i>British and Foreign State Papers</i>, 1834–5, p. 136.</p></div> + +<div class="footnote"><p><a name="Footnote_50_536" id="Footnote_50_536"></a><a href="#FNanchor_50_536"><span class="label">50</span></a> <i>Ibid.</i>, pp. 135–47. Great Britain made treaties meanwhile with Hayti, Uruguay, +Venezuela, Bolivia, Argentine Confederation, Mexico, Texas, etc. Portugal +prohibited the slave-trade in 1836, except between her African colonies. +Cf. <i>Ibid.</i>, from 1838 to 1841.</p></div> + +<div class="footnote"><p><a name="Footnote_51_537" id="Footnote_51_537"></a><a href="#FNanchor_51_537"><span class="label">51</span></a> These estimates are from the following sources: <i>Ibid.</i>, 1822–3, pp. 94–110; +<i>Parliamentary Papers</i>, 1823, XVIII., <i>Slave Trade</i>, Further Papers, A., pp. 10–11; +1838–9, XLIX., <i>Slave Trade</i>, Class A, Further Series, pp. 115, 119, 121; <i>House +Doc.</i>, 19 Cong. 1 sess. I. No. 1, p. 93; 20 Cong. 1 sess. III. No. 99; 26 Cong. +1 sess. VI. No. 211; <i>House Exec. Doc.</i>, 31 Cong. 2 sess. I. No. 1, p. 193; <i>House +Reports</i>, 21 Cong. 1 sess. III. No. 348; <i>Senate Doc.</i>, 28 Cong. 1 sess. IV. No. +217; 31 Cong. 1 sess. XIV. No. 66; 31 Cong. 2 sess. II. No. 6; <i>Amer. State +Papers, Naval</i>, I. No. 249; Buxton, <i>The African Slave Trade and its Remedy</i>, +pp. 44–59; Friends' <i>Facts and Observations on the Slave Trade</i> (ed. 1841); +Friends' <i>Exposition of the Slave Trade, 1840–50</i>; <i>Annual Reports of the American +and Foreign Anti-Slavery Society</i>. +</p><p> +The annexed table gives the dates of the abolition of the slave-trade by the +various nations:— +</p> +<table summary="" border="1"> +<tr><th>Date.</th><th>Slave-trade Abolished by</th> +<th>Right of Search<br /> Treaty with<br />Great Britain,<br />made by</th> +<th>Arrangements for<br />Joint Cruising with<br /> Great Britain,<br />made by</th> +</tr> + +<tr><td align="left">1802</td><td align="left">Denmark.</td><td rowspan="5"> </td><td rowspan="14"> </td></tr> +<tr><td align="left">1807</td><td align="left">Great Britain; United States. </td></tr> +<tr><td align="left">1813</td><td align="left">Sweden.</td></tr> +<tr><td align="left">1814</td><td align="left">Netherlands.</td></tr> +<tr><td align="left">1815</td><td align="left">Portugal (north of the equator).</td></tr> +<tr><td align="left">1817</td><td align="left">Spain (north of the equator).</td><td align="left">Portugal; Spain.</td></tr> +<tr><td align="left">1818</td><td align="left">France.</td><td align="left">Netherlands.</td></tr> +<tr><td align="left">1820</td><td align="left">Spain.</td><td> </td></tr> +<tr><td align="left">1824</td><td align="left"> </td><td align="left">Sweden.</td></tr> +<tr><td align="left">1829</td><td align="left">Brazil (?).</td><td rowspan="2"> </td></tr> +<tr><td align="left">1830</td><td align="left">Portugal.</td></tr> +<tr><td align="left">1831–33</td><td rowspan="7"> </td><td align="left">France.</td></tr> +<tr><td align="left">1833–39</td><td align="left">Denmark, Hanse Towns, etc.</td></tr> +<tr><td align="left">1841</td><td rowspan="2" align="left">Quintuple Treaty (Austria,<br /> Russia, Prussia).</td></tr> +<tr><td align="left">1842</td><td align="left">United States.</td></tr> +<tr><td align="left">1844</td><td align="left">Texas.</td><td> </td></tr> +<tr><td align="left">1845</td><td align="left">Belgium.</td><td align="left">France.</td></tr> +<tr><td align="left">1862</td><td align="left">United States.</td><td rowspan="2"> </td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_52_538" id="Footnote_52_538"></a><a href="#FNanchor_52_538"><span class="label">52</span></a> Cf. <i>British and Foreign State Papers</i>, from 1836 to 1842.</p></div> + +<div class="footnote"><p><a name="Footnote_53_539" id="Footnote_53_539"></a><a href="#FNanchor_53_539"><span class="label">53</span></a> <i>Ibid.</i>, 1839–40, p. 940.</p></div> + +<div class="footnote"><p><a name="Footnote_54_540" id="Footnote_54_540"></a><a href="#FNanchor_54_540"><span class="label">54</span></a> <i>House Doc.</i>, 27 Cong. 1 sess. No. 34, pp. 5–6.</p></div> + +<div class="footnote"><p><a name="Footnote_55_541" id="Footnote_55_541"></a><a href="#FNanchor_55_541"><span class="label">55</span></a> <i>Senate Doc.</i>, 29 Cong. 1 sess. VIII. No. 377, p. 56.</p></div> + +<div class="footnote"><p><a name="Footnote_56_542" id="Footnote_56_542"></a><a href="#FNanchor_56_542"><span class="label">56</span></a> <i>Ibid.</i>, p. 72.</p></div> + +<div class="footnote"><p><a name="Footnote_57_543" id="Footnote_57_543"></a><a href="#FNanchor_57_543"><span class="label">57</span></a> <i>Ibid.</i>, pp. 133–40, etc.</p></div> + +<div class="footnote"><p><a name="Footnote_58_544" id="Footnote_58_544"></a><a href="#FNanchor_58_544"><span class="label">58</span></a> <i>British and Foreign State Papers</i>, 1841–2, p. 269 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_59_545" id="Footnote_59_545"></a><a href="#FNanchor_59_545"><span class="label">59</span></a> See below, Appendix B.</p></div> + +<div class="footnote"><p><a name="Footnote_60_546" id="Footnote_60_546"></a><a href="#FNanchor_60_546"><span class="label">60</span></a> <i>Senate Doc.</i>, 29 Cong. 1 sess. VIII. No. 377, p. 201.</p></div> + +<div class="footnote"><p><a name="Footnote_61_547" id="Footnote_61_547"></a><a href="#FNanchor_61_547"><span class="label">61</span></a> <i>Senate Exec. Journal</i>, VI. 123.</p></div> + +<div class="footnote"><p><a name="Footnote_62_548" id="Footnote_62_548"></a><a href="#FNanchor_62_548"><span class="label">62</span></a> <i>U.S. Treaties and Conventions</i> (ed. 1889), pp. 436–7. For the debates in +the Senate, see <i>Congressional Globe</i>, 27 Cong. 3 sess. Appendix. Cass resigned +on account of the acceptance of this treaty without a distinct denial of +the Right of Search, claiming that this compromised his position in France. +Cf. <i>Senate Doc.</i>, 27 Cong. 3 sess. II., IV. Nos. 52, 223; 29 Cong. 1 sess. VIII. +No. 377.</p></div> + +<div class="footnote"><p><a name="Footnote_63_549" id="Footnote_63_549"></a><a href="#FNanchor_63_549"><span class="label">63</span></a> Cf. below, Chapter X.</p></div> + +<div class="footnote"><p><a name="Footnote_64_550" id="Footnote_64_550"></a><a href="#FNanchor_64_550"><span class="label">64</span></a> <i>Senate Exec. Doc.</i>, 28 Cong. 2 sess. IX. No. 150, p. 72.</p></div> + +<div class="footnote"><p><a name="Footnote_65_551" id="Footnote_65_551"></a><a href="#FNanchor_65_551"><span class="label">65</span></a> <i>Ibid.</i>, p. 77.</p></div> + +<div class="footnote"><p><a name="Footnote_66_552" id="Footnote_66_552"></a><a href="#FNanchor_66_552"><span class="label">66</span></a> <i>House Doc.</i>, 27 Cong. 3 sess. V. No. 192, p. 4. Cf. <i>British and Foreign State +Papers</i>, 1842–3, p. 708 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_67_553" id="Footnote_67_553"></a><a href="#FNanchor_67_553"><span class="label">67</span></a> <i>House Journal</i>, 27 Cong. 3 sess. pp. 431, 485–8. Cf. <i>House Doc.</i>, 27 Cong. +3 sess. V. No. 192.</p></div> + +<div class="footnote"><p><a name="Footnote_68_554" id="Footnote_68_554"></a><a href="#FNanchor_68_554"><span class="label">68</span></a> Cf. below, Chapter X.</p></div> + +<div class="footnote"><p><a name="Footnote_69_555" id="Footnote_69_555"></a><a href="#FNanchor_69_555"><span class="label">69</span></a> With a fleet of 26 vessels, reduced to 12 in 1849: <i>British and Foreign State +Papers</i>, 1844–5, p. 4 ff.; 1849–50, p. 480.</p></div> + +<div class="footnote"><p><a name="Footnote_70_556" id="Footnote_70_556"></a><a href="#FNanchor_70_556"><span class="label">70</span></a> <i>Ibid.</i>, 1850–1, p. 953.</p></div> + +<div class="footnote"><p><a name="Footnote_71_557" id="Footnote_71_557"></a><a href="#FNanchor_71_557"><span class="label">71</span></a> Portugal renewed her Right of Search treaty in 1842: <i>Ibid.</i>, 1841–2, +p. 527 ff.; 1842–3, p. 450.</p></div> + +<div class="footnote"><p><a name="Footnote_72_558" id="Footnote_72_558"></a><a href="#FNanchor_72_558"><span class="label">72</span></a> <i>Ibid.</i>, 1843–4, p. 316.</p></div> + +<div class="footnote"><p><a name="Footnote_73_559" id="Footnote_73_559"></a><a href="#FNanchor_73_559"><span class="label">73</span></a> <i>Ibid.</i>, 1844–5, p. 592. There already existed some such privileges between +England and Texas.</p></div> + +<div class="footnote"><p><a name="Footnote_74_560" id="Footnote_74_560"></a><a href="#FNanchor_74_560"><span class="label">74</span></a> <i>Ibid.</i>, 1847–8, p. 397 ff.</p></div> + +<div class="footnote"><p><a name="Footnote_75_561" id="Footnote_75_561"></a><a href="#FNanchor_75_561"><span class="label">75</span></a> <i>Ibid.</i>, 1858–9, pp. 1121, 1129.</p></div> + +<div class="footnote"><p><a name="Footnote_76_562" id="Footnote_76_562"></a><a href="#FNanchor_76_562"><span class="label">76</span></a> <i>British and Foreign State Papers</i>, 1859–60, pp. 902–3.</p></div> + +<div class="footnote"><p><a name="Footnote_77_563" id="Footnote_77_563"></a><a href="#FNanchor_77_563"><span class="label">77</span></a> <i>House Exec. Doc.</i>, 36 Cong. 2 sess. IV. No. 7.</p></div> + +<div class="footnote"><p><a name="Footnote_78_564" id="Footnote_78_564"></a><a href="#FNanchor_78_564"><span class="label">78</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_79_565" id="Footnote_79_565"></a><a href="#FNanchor_79_565"><span class="label">79</span></a> <i>Senate Exec. Doc.</i>, 37 Cong. 2 sess. V. No. 57.</p></div> + +<div class="footnote"><p><a name="Footnote_80_566" id="Footnote_80_566"></a><a href="#FNanchor_80_566"><span class="label">80</span></a> <i>Senate Exec. Journal</i>, XII. 230–1, 240, 254, 256, 391, 400, 403; <i>Diplomatic +Correspondence</i>, 1862, pp. 141, 158; <i>U.S. Treaties and Conventions</i> (ed. 1889), +pp. 454–9.</p></div> + +<div class="footnote"><p><a name="Footnote_81_567" id="Footnote_81_567"></a><a href="#FNanchor_81_567"><span class="label">81</span></a> <i>Diplomatic Correspondence</i>, 1862, pp. 64–5. This treaty was revised in 1863. +The mixed court in the West Indies had, by February, 1864, liberated 95,206 +Africans: <i>Senate Exec. Doc.</i>, 38 Cong. 1 sess. No. 56, p. 24.</p></div> +</div> + + +<hr /> +<p><!-- Page 152 --><a name="Page_152" id="Page_152"></a><span class="pagenum">152</span></p> +<h2><a name="Chapter_X" id="Chapter_X"></a><i>Chapter X</i></h2> + +<h3>THE RISE OF THE COTTON KINGDOM.<br />1820–1850.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">74. The Economic Revolution.</td></tr> +<tr><td align="left">75. The Attitude of the South.</td></tr> +<tr><td align="left">76. The Attitude of the North and Congress.</td></tr> +<tr><td align="left">77. Imperfect Application of the Laws.</td></tr> +<tr><td align="left">78. Responsibility of the Government.</td></tr> +<tr><td align="left">79. Activity of the Slave-Trade.</td></tr> +</table> + +<p>74. <b>The Economic Revolution.</b> The history of slavery and +the slave-trade after 1820 must be read in the light of the industrial +revolution through which the civilized world passed +in the first half of the nineteenth century. Between the years +1775 and 1825 occurred economic events and changes of the +highest importance and widest influence. Though all branches +of industry felt the impulse of this new industrial life, yet, "if +we consider single industries, cotton manufacture has, during +the nineteenth century, made the most magnificent and gigantic +advances."<a name="FNanchor_1_568" id="FNanchor_1_568"></a><a href="#Footnote_1_568" class="fnanchor">1</a> This fact is easily explained by the remarkable +series of inventions that revolutionized this industry between +1738 and 1830, including Arkwright's, Watt's, Compton's, and +Cartwright's epoch-making contrivances.<a name="FNanchor_2_569" id="FNanchor_2_569"></a><a href="#Footnote_2_569" class="fnanchor">2</a> The effect which +these inventions had on the manufacture of cotton goods is +best illustrated by the fact that in England, the chief cotton +<!-- Page 153 --><a name="Page_153" id="Page_153"></a><span class="pagenum">153</span>market of the world, the consumption of raw cotton rose +steadily from 13,000 bales in 1781, to 572,000 in 1820, to +871,000 in 1830, and to 3,366,000 in 1860.<a name="FNanchor_3_570" id="FNanchor_3_570"></a><a href="#Footnote_3_570" class="fnanchor">3</a> Very early, therefore, +came the query whence the supply of raw cotton was to +come. Tentative experiments on the rich, broad fields of the +Southern United States, together with the indispensable invention +of Whitney's cotton-gin, soon answered this question: +a new economic future was opened up to this land, and +immediately the whole South began to extend its cotton culture, +and more and more to throw its whole energy into this +one staple.</p> + +<p>Here it was that the fatal mistake of compromising with +slavery in the beginning, and of the policy of <i>laissez-faire</i> pursued +thereafter, became painfully manifest; for, instead now +of a healthy, normal, economic development along proper industrial +lines, we have the abnormal and fatal rise of a slave-labor +large farming system, which, before it was realized, had +so intertwined itself with and braced itself upon the economic +forces of an industrial age, that a vast and terrible civil war +was necessary to displace it. The tendencies to a patriarchal +serfdom, recognizable in the age of Washington and Jefferson, +began slowly but surely to disappear; and in the second +quarter of the century Southern slavery was irresistibly changing +from a family institution to an industrial system.</p> + +<p>The development of Southern slavery has heretofore been +viewed so exclusively from the ethical and social standpoint +that we are apt to forget its close and indissoluble connection +with the world's cotton market. Beginning with 1820, a little +after the close of the Napoleonic wars, when the industry of +cotton manufacture had begun its modern development and +the South had definitely assumed her position as chief producer +of raw cotton, we find the average price of cotton per +pound, 8½<i>d.</i> From this time until 1845 the price steadily fell, +until in the latter year it reached 4<i>d.</i>; the only exception to +this fall was in the years 1832–1839, when, among other +things, a strong increase in the English demand, together +with an attempt of the young slave power to "corner" the +market, sent the price up as high as 11<i>d.</i> The demand for cotton +<!-- Page 154 --><a name="Page_154" id="Page_154"></a><span class="pagenum">154</span>goods soon outran a crop which McCullough had pronounced +"prodigious," and after 1845 the price started on a +steady rise, which, except for the checks suffered during the +continental revolutions and the Crimean War, continued until +1860.<a name="FNanchor_4_571" id="FNanchor_4_571"></a><a href="#Footnote_4_571" class="fnanchor">4</a> The steady increase in the production of cotton explains +the fall in price down to 1845. In 1822 the crop was a +half-million bales; in 1831, a million; in 1838, a million and a +half; and in 1840–1843, two million. By this time the world's +consumption of cotton goods began to increase so rapidly +that, in spite of the increase in Southern crops, the price kept +rising. Three million bales were gathered in 1852, three and a +half million in 1856, and the remarkable crop of five million +bales in 1860.<a name="FNanchor_5_572" id="FNanchor_5_572"></a><a href="#Footnote_5_572" class="fnanchor">5</a></p> + +<p>Here we have data to explain largely the economic development +of the South. By 1822 the large-plantation slave system +had gained footing; in 1838–1839 it was able to show its +power in the cotton "corner;" by the end of the next decade +it had not only gained a solid economic foundation, but it +had built a closed oligarchy with a political policy. The +changes in price during the next few years drove out of competition +many survivors of the small-farming free-labor system, +and put the slave <i>régime</i> in position to dictate the policy +of the nation. The zenith of the system and the first inevitable +signs of decay came in the years 1850–1860, when the rising +price of cotton threw the whole economic energy of the +South into its cultivation, leading to a terrible consumption +of soil and slaves, to a great increase in the size of plantations, +and to increasing power and effrontery on the part of the +slave barons. Finally, when a rising moral crusade conjoined +with threatened economic disaster, the oligarchy, encouraged +by the state of the cotton market, risked all on a political <i>coup-d'état</i>, +which failed in the war of 1861–1865.<a name="FNanchor_6_573" id="FNanchor_6_573"></a><a href="#Footnote_6_573" class="fnanchor">6</a></p> + + +<p>75. <b>The Attitude of the South.</b> The attitude of the South +toward the slave-trade changed <i>pari passu</i> with this development +of the cotton trade. From 1808 to 1820 the South half +wished to get rid of a troublesome and abnormal institution, +<!-- Page 155 --><a name="Page_155" id="Page_155"></a><span class="pagenum">155</span>and yet saw no way to do so. The fear of insurrection and of +the further spread of the disagreeable system led her to consent +to the partial prohibition of the trade by severe national +enactments. Nevertheless, she had in the matter no settled +policy: she refused to support vigorously the execution of the +laws she had helped to make, and at the same time she acknowledged +the theoretical necessity of these laws. After 1820, +however, there came a gradual change. The South found herself +supplied with a body of slave laborers, whose number had +been augmented by large illicit importations, with an abundance +of rich land, and with all other natural facilities for raising +a crop which was in large demand and peculiarly adapted +to slave labor. The increasing crop caused a new demand for +slaves, and an interstate slave-traffic arose between the Border +and the Gulf States, which turned the former into slave-breeding +districts, and bound them to the slave States by ties +of strong economic interest.</p> + +<p>As the cotton crop continued to increase, this source of +supply became inadequate, especially as the theory of land +and slave consumption broke down former ethical and prudential +bounds. It was, for example, found cheaper to work a +slave to death in a few years, and buy a new one, than to care +for him in sickness and old age; so, too, it was easier to despoil +rich, new land in a few years of intensive culture, and +move on to the Southwest, than to fertilize and conserve the +soil.<a name="FNanchor_7_574" id="FNanchor_7_574"></a><a href="#Footnote_7_574" class="fnanchor">7</a> Consequently, there early came a demand for land and +slaves greater than the country could supply. The demand for +land showed itself in the annexation of Texas, the conquest of +Mexico, and the movement toward the acquisition of Cuba. +The demand for slaves was manifested in the illicit traffic that +noticeably increased about 1835, and reached large proportions +by 1860. It was also seen in a disposition to attack the government +for stigmatizing the trade as criminal,<a name="FNanchor_8_575" id="FNanchor_8_575"></a><a href="#Footnote_8_575" class="fnanchor">8</a> then in a disinclination +to take any measures which would have rendered +our repressive laws effective; and finally in such articulate +declarations by prominent men as this: "Experience having +<!-- Page 156 --><a name="Page_156" id="Page_156"></a><span class="pagenum">156</span>settled the point, that this Trade <i>cannot be abolished by the use +of force</i>, and that blockading squadrons serve only to make it +more profitable and more cruel, I am surprised that the attempt +is persisted in, unless as it serves as a cloak to some +other purposes. It would be far better than it now is, for the +African, if the trade was free from all restrictions, and left to +the mitigation and decay which time and competition would +surely bring about."<a name="FNanchor_9_576" id="FNanchor_9_576"></a><a href="#Footnote_9_576" class="fnanchor">9</a></p> + + +<p>76. <b>The Attitude of the North and Congress.</b> With the +North as yet unawakened to the great changes taking place +in the South, and with the attitude of the South thus in process +of development, little or no constructive legislation +could be expected on the subject of the slave-trade. As the +divergence in sentiment became more and more pronounced, +there were various attempts at legislation, all of which +proved abortive. The pro-slavery party attempted, as early as +1826, and again in 1828, to abolish the African agency and +leave the Africans practically at the mercy of the States;<a name="FNanchor_10_577" id="FNanchor_10_577"></a><a href="#Footnote_10_577" class="fnanchor">10</a> one +or two attempts were made to relax the few provisions +which restrained the coastwise trade;<a name="FNanchor_11_578" id="FNanchor_11_578"></a><a href="#Footnote_11_578" class="fnanchor">11</a> and, after the treaty of +1842, Benton proposed to stop appropriations for the African +squadron until England defined her position on the +Right of Search question.<a name="FNanchor_12_579" id="FNanchor_12_579"></a><a href="#Footnote_12_579" class="fnanchor">12</a> The anti-slavery men presented +several bills to amend and strengthen previous laws;<a name="FNanchor_13_580" id="FNanchor_13_580"></a><a href="#Footnote_13_580" class="fnanchor">13</a> they +sought, for instance, in vain to regulate the Texan trade, +through which numbers of slaves indirectly reached the +United States.<a name="FNanchor_14_581" id="FNanchor_14_581"></a><a href="#Footnote_14_581" class="fnanchor">14</a> Presidents and consuls earnestly re<!-- Page 157 --><a name="Page_157" id="Page_157"></a><span class="pagenum">157</span>commended +legislation to restrict the clearances of vessels bound +on slave-trading voyages, and to hinder the facility with +which slavers obtained fraudulent papers.<a name="FNanchor_15_582" id="FNanchor_15_582"></a><a href="#Footnote_15_582" class="fnanchor">15</a> Only one such +bill succeeded in passing the Senate, and that was dropped +in the House.<a name="FNanchor_16_583" id="FNanchor_16_583"></a><a href="#Footnote_16_583" class="fnanchor">16</a></p> + +<p>The only legislation of this period was confined to a few +appropriation bills. Only one of these acts, that of 1823, appropriating +$50,000,<a name="FNanchor_17_584" id="FNanchor_17_584"></a><a href="#Footnote_17_584" class="fnanchor">17</a> was designed materially to aid in the +suppression of the trade, all the others relating to expenses +incurred after violations. After 1823 the appropriations dwindled, +being made at intervals of one, two, and three years, +down to 1834, when the amount was $5,000. No further appropriations +were made until 1842, when a few thousands +above an unexpended surplus were appropriated. In 1843 +$5,000 were given, and finally, in 1846, $25,000 were secured; +but this was the last sum obtainable until 1856.<a name="FNanchor_18_585" id="FNanchor_18_585"></a><a href="#Footnote_18_585" class="fnanchor">18</a> Nearly all of +these meagre appropriations went toward reimbursing Southern +plantation owners for the care and support of illegally +imported Africans, and the rest to the maintenance of the African +agency. Suspiciously large sums were paid for the first +purpose, considering the fact that such Africans were always +worked hard by those to whom they were farmed out, and +often "disappeared" while in their hands. In the accounts we +nevertheless find many items like that of $20,286.98 for the +maintenance of Negroes imported on the "Ramirez;"<a name="FNanchor_19_586" id="FNanchor_19_586"></a><a href="#Footnote_19_586" class="fnanchor">19</a> in 1827, +$5,442.22 for the "bounty, subsistence, clothing, medicine," +etc., of fifteen Africans;<a name="FNanchor_20_587" id="FNanchor_20_587"></a><a href="#Footnote_20_587" class="fnanchor">20</a> in 1835, $3,613 for the support of +thirty-eight slaves for two months (including a bill of $1,038 +<!-- Page 158 --><a name="Page_158" id="Page_158"></a><span class="pagenum">158</span>for medical attendance).<a name="FNanchor_21_588" id="FNanchor_21_588"></a><a href="#Footnote_21_588" class="fnanchor">21</a></p> + +<p>The African agency suffered many vicissitudes. The first +agent, Bacon, who set out early in 1820, was authorized by +President Monroe "to form an establishment on the island of +Sherbro, or elsewhere on the coast of Africa," and to build +barracks for three hundred persons. He was, however, warned +"not to connect your agency with the views or plans of the +Colonization Society, with which, under the law, the Government +of the United States has no concern." Bacon soon died, +and was followed during the next four years by Winn and +Ayres; they succeeded in establishing a government agency on +Cape Mesurado, in conjunction with that of the Colonization +Society. The agent of that Society, Jehudi Ashmun, became +after 1822, the virtual head of the colony; he fortified and enlarged +it, and laid the foundations of an independent community. +The succeeding government agents came to be +merely official representatives of the United States, and the +distribution of free rations for liberated Africans ceased in +1827.</p> + +<p>Between 1819 and 1830 two hundred and fifty-two recaptured +Africans were sent to the agency, and $264,710 were +expended. The property of the government at the agency was +valued at $18,895. From 1830 to 1840, nearly $20,000 more +were expended, chiefly for the agents' salaries. About 1840 the +appointment of an agent ceased, and the colony became gradually +self-supporting and independent. It was proclaimed as +the Republic of Liberia in 1847.<a name="FNanchor_22_589" id="FNanchor_22_589"></a><a href="#Footnote_22_589" class="fnanchor">22</a></p> +<p><!-- Page 159 --><a name="Page_159" id="Page_159"></a><span class="pagenum">159</span></p> + +<p>77. <b>Imperfect Application of the Laws.</b> In reviewing efforts +toward the suppression of the slave-trade from 1820 to +1850, it must be remembered that nearly every cabinet had a +strong, if not a predominating, Southern element, and that +consequently the efforts of the executive were powerfully +influenced by the changing attitude of the South. Naturally, +under such circumstances, the government displayed little activity +and no enthusiasm in the work. In 1824 a single vessel +of the Gulf squadron was occasionally sent to the African +coast to return by the route usually followed by the slavers; +no wonder that "none of these or any other of our public +ships have found vessels engaged in the slave trade under the +flag of the United States, ... although it is known that the +trade still exists to a most lamentable extent."<a name="FNanchor_23_590" id="FNanchor_23_590"></a><a href="#Footnote_23_590" class="fnanchor">23</a> Indeed, all that +an American slaver need do was to run up a Spanish or a +Portuguese flag, to be absolutely secure from all attack or inquiry +on the part of United States vessels. Even this desultory +method of suppression was not regular: in 1826 "no vessel has +been despatched to the coast of Africa for several months,"<a name="FNanchor_24_591" id="FNanchor_24_591"></a><a href="#Footnote_24_591" class="fnanchor">24</a> +and from that time until 1839 this country probably had no +slave-trade police upon the seas, except in the Gulf of Mexico. +In 1839 increasing violations led to the sending of two fast-sailing +vessels to the African coast, and these were kept there +more or less regularly;<a name="FNanchor_25_592" id="FNanchor_25_592"></a><a href="#Footnote_25_592" class="fnanchor">25</a> but even after the signing of the +treaty of 1842 the Secretary of the Navy reports: "On the coast +of Africa we have <i>no</i> squadron. The small appropriation of +the present year was believed to be scarcely sufficient."<a name="FNanchor_26_593" id="FNanchor_26_593"></a><a href="#Footnote_26_593" class="fnanchor">26</a> Between +1843 and 1850 the coast squadron varied from two to +six vessels, with from thirty to ninety-eight guns;<a name="FNanchor_27_594" id="FNanchor_27_594"></a><a href="#Footnote_27_594" class="fnanchor">27</a> "but the +force habitually and actively engaged in cruizing on the +ground frequented by slavers has probably been less by one-fourth, +if we consider the size of the ships employed and their +withdrawal for purposes of recreation and health, and the +movement of the reliefs, whose arrival does not correspond +exactly with the departure of the vessels whose term of service +<!-- Page 160 --><a name="Page_160" id="Page_160"></a><span class="pagenum">160</span>has expired."<a name="FNanchor_28_595" id="FNanchor_28_595"></a><a href="#Footnote_28_595" class="fnanchor">28</a> The reports of the navy show that in only four +of the eight years mentioned was the fleet, at the time of report, +at the stipulated size of eighty guns; and at times it was +much below this, even as late as 1848, when only two vessels +are reported on duty along the African coast.<a name="FNanchor_29_596" id="FNanchor_29_596"></a><a href="#Footnote_29_596" class="fnanchor">29</a> As the commanders +themselves acknowledged, the squadron was too +small and the cruising-ground too large to make joint cruising +effective.<a name="FNanchor_30_597" id="FNanchor_30_597"></a><a href="#Footnote_30_597" class="fnanchor">30</a></p> + +<p>The same story comes from the Brazil station: "Nothing +effectual can be done towards stopping the slave trade, as our +squadron is at present organized," wrote the consul at Rio +Janeiro in 1847; "when it is considered that the Brazil station +extends from north of the equator to Cape Horn on this continent, +and includes a great part of Africa south of the equator, +on both sides of the Cape of Good Hope, it must be +admitted that one frigate and one brig is a very insufficient +force to protect American commerce, and repress the participation +in the slave trade by our own vessels."<a name="FNanchor_31_598" id="FNanchor_31_598"></a><a href="#Footnote_31_598" class="fnanchor">31</a> In the Gulf of +Mexico cruisers were stationed most of the time, although +even here there were at times urgent representations that the +scarcity or the absence of such vessels gave the illicit trade +great license.<a name="FNanchor_32_599" id="FNanchor_32_599"></a><a href="#Footnote_32_599" class="fnanchor">32</a></p> + +<p>Owing to this general negligence of the government, and +also to its anxiety on the subject of the theoretic Right of +Search, many officials were kept in a state of chronic deception +in regard to the trade. The enthusiasm of commanders +was dampened by the lack of latitude allowed and by the repeated +<!-- Page 161 --><a name="Page_161" id="Page_161"></a><span class="pagenum">161</span>insistence in their orders on the non-existence of a +Right of Search.<a name="FNanchor_33_600" id="FNanchor_33_600"></a><a href="#Footnote_33_600" class="fnanchor">33</a> When one commander, realizing that he +could not cover the trading-track with his fleet, requested English +commanders to detain suspicious American vessels until +one of his vessels came up, the government annulled the +agreement as soon as it reached their ears, rebuked him, and +the matter was alluded to in Congress long after with horror.<a name="FNanchor_34_601" id="FNanchor_34_601"></a><a href="#Footnote_34_601" class="fnanchor">34</a> +According to the orders of cruisers, only slavers with +slaves actually on board could be seized. Consequently, fully +equipped slavers would sail past the American fleet, deliberately +make all preparations for shipping a cargo, then, when +the English were not near, "sell" the ship to a Spaniard, hoist +the Spanish flag, and again sail gayly past the American fleet +with a cargo of slaves. An English commander reported: "The +officers of the United States' navy are extremely active and +zealous in the cause, and no fault can be attributed to them, +but it is greatly to be lamented that this blemish should in so +great a degree nullify our endeavours."<a name="FNanchor_35_602" id="FNanchor_35_602"></a><a href="#Footnote_35_602" class="fnanchor">35</a></p> + + +<p>78. <b>Responsibility of the Government.</b> Not only did the +government thus negatively favor the slave-trade, but also +many conscious, positive acts must be attributed to a spirit +hostile to the proper enforcement of the slave-trade laws. In +cases of doubt, when the law needed executive interpretation, +the decision was usually in favor of the looser construction +of the law; the trade from New Orleans to Mobile was, +for instance, declared not to be coastwise trade, and consequently, +to the joy of the Cuban smugglers, was left utterly +free and unrestricted.<a name="FNanchor_36_603" id="FNanchor_36_603"></a><a href="#Footnote_36_603" class="fnanchor">36</a> After the conquest of Mexico, even +vessels bound to California, by the way of Cape Horn, were +<!-- Page 162 --><a name="Page_162" id="Page_162"></a><span class="pagenum">162</span>allowed to clear coastwise, thus giving our flag to "the slave-pirates +of the whole world."<a name="FNanchor_37_604" id="FNanchor_37_604"></a><a href="#Footnote_37_604" class="fnanchor">37</a> Attorney-General Nelson declared +that the selling to a slave-trader of an American vessel, +to be delivered on the coast of Africa, was not aiding or +abetting the slave-trade.<a name="FNanchor_38_605" id="FNanchor_38_605"></a><a href="#Footnote_38_605" class="fnanchor">38</a> So easy was it for slavers to sail +that corruption among officials was hinted at. "There is certainly +a want of proper vigilance at Havana," wrote Commander +Perry in 1844, "and perhaps at the ports of the +United States;" and again, in the same year, "I cannot but +think that the custom-house authorities in the United States +are not sufficiently rigid in looking after vessels of suspicious +character."<a name="FNanchor_39_606" id="FNanchor_39_606"></a><a href="#Footnote_39_606" class="fnanchor">39</a></p> + +<p>In the courts it was still next to impossible to secure the +punishment of the most notorious slave-trader. In 1847 a consul +writes: "The slave power in this city [i.e., Rio Janeiro] is +extremely great, and a consul doing his duty needs to be supported +kindly and effectually at home. In the case of the +'Fame,' where the vessel was diverted from the business intended +by her owners and employed in the slave trade—both +of which offences are punishable with death, if I rightly read +the laws—I sent home the two mates charged with these offences, +for trial, the first mate to Norfolk, the second mate to +Philadelphia. What was done with the first mate I know not. +In the case of the man sent to Philadelphia, Mr. Commissioner +Kane states that a clear prima facie case is made out, +and then holds him to bail in the sum of <i>one thousand dollars</i>, +which would be paid by any slave trader in Rio, on the <i>presentation +of a draft</i>. In all this there is little encouragement for +exertion."<a name="FNanchor_40_607" id="FNanchor_40_607"></a><a href="#Footnote_40_607" class="fnanchor">40</a> Again, the "Perry" in 1850 captured a slaver which +was about to ship 1,800 slaves. The captain admitted his guilt, +and was condemned in the United States District Court at +New York. Nevertheless, he was admitted to bail of $5,000; +this being afterward reduced to $3,000, he forfeited it and +escaped. The mate was sentenced to two years in the penitentiary.<a name="FNanchor_41_608" id="FNanchor_41_608"></a><a href="#Footnote_41_608" class="fnanchor">41</a> +<!-- Page 163 --><a name="Page_163" id="Page_163"></a><span class="pagenum">163</span>Also several slavers sent home to the United States by +the British, with clear evidence of guilt, escaped condemnation +through technicalities.<a name="FNanchor_42_609" id="FNanchor_42_609"></a><a href="#Footnote_42_609" class="fnanchor">42</a></p> + + +<p>79. <b>Activity of the Slave-Trade, 1820–1850.</b> The enhanced +price of slaves throughout the American slave market, +brought about by the new industrial development and the +laws against the slave-trade, was the irresistible temptation +that drew American capital and enterprise into that traffic. In +the United States, in spite of the large interstate traffic, the +average price of slaves rose from about $325 in 1840, to $360 +in 1850, and to $500 in 1860.<a name="FNanchor_43_610" id="FNanchor_43_610"></a><a href="#Footnote_43_610" class="fnanchor">43</a> Brazil and Cuba offered similar +inducements to smugglers, and the American flag was ready +to protect such pirates. As a result, the American slave-trade +finally came to be carried on principally by United States capital, +in United States ships, officered by United States citizens, +and under the United States flag.</p> + +<p>Executive reports repeatedly acknowledged this fact. In 1839 +"a careful revision of these laws" is recommended by the President, +in order that "the integrity and honor of our flag may +be carefully preserved."<a name="FNanchor_44_611" id="FNanchor_44_611"></a><a href="#Footnote_44_611" class="fnanchor">44</a> In June, 1841, the President declares: +"There is reason to believe that the traffic is on the increase," +and advocates "vigorous efforts."<a name="FNanchor_45_612" id="FNanchor_45_612"></a><a href="#Footnote_45_612" class="fnanchor">45</a> His message in December +of the same year acknowledges: "That the American flag is +grossly abused by the abandoned and profligate of other nations +is but too probable."<a name="FNanchor_46_613" id="FNanchor_46_613"></a><a href="#Footnote_46_613" class="fnanchor">46</a> The special message of 1845 explains +at length that "it would seem" that a regular policy of +evading the laws is carried on: American vessels with the +knowledge of the owners are chartered by notorious slave +dealers in Brazil, aided by English capitalists, with this intent.<a name="FNanchor_47_614" id="FNanchor_47_614"></a><a href="#Footnote_47_614" class="fnanchor">47</a> +The message of 1849 "earnestly" invites the attention of +Congress "to an amendment of our existing laws relating to +the African slave-trade, with a view to the effectual suppression +<!-- Page 164 --><a name="Page_164" id="Page_164"></a><span class="pagenum">164</span>of that barbarous traffic. It is not to be denied," continues +the message, "that this trade is still, in part, carried on by +means of vessels built in the United States, and owned or +navigated by some of our citizens."<a name="FNanchor_48_615" id="FNanchor_48_615"></a><a href="#Footnote_48_615" class="fnanchor">48</a> Governor Buchanan of +Liberia reported in 1839: "The chief obstacle to the success of +the very active measures pursued by the British government +for the suppression of the slave-trade on the coast, is the +<i>American flag</i>. Never was the proud banner of freedom so +extensively used by those pirates upon liberty and humanity, +as at this season."<a name="FNanchor_49_616" id="FNanchor_49_616"></a><a href="#Footnote_49_616" class="fnanchor">49</a> One well-known American slaver was +boarded fifteen times and twice taken into port, but always +escaped by means of her papers.<a name="FNanchor_50_617" id="FNanchor_50_617"></a><a href="#Footnote_50_617" class="fnanchor">50</a> Even American officers report +that the English are doing all they can, but that the +American flag protects the trade.<a name="FNanchor_51_618" id="FNanchor_51_618"></a><a href="#Footnote_51_618" class="fnanchor">51</a> The evidence which literally +poured in from our consuls and ministers at Brazil adds +to the story of the guilt of the United States.<a name="FNanchor_52_619" id="FNanchor_52_619"></a><a href="#Footnote_52_619" class="fnanchor">52</a> It was proven +that the participation of United States citizens in the trade +was large and systematic. One of the most notorious slave +merchants of Brazil said: "I am worried by the Americans, +who insist upon my hiring their vessels for slave-trade."<a name="FNanchor_53_620" id="FNanchor_53_620"></a><a href="#Footnote_53_620" class="fnanchor">53</a> +Minister Proffit stated, in 1844, that the "slave-trade is almost +entirely carried on under our flag, in American-built +vessels."<a name="FNanchor_54_621" id="FNanchor_54_621"></a><a href="#Footnote_54_621" class="fnanchor">54</a> So, too, in Cuba: the British commissioners affirm +that American citizens were openly engaged in the traffic; +vessels arrived undisguised at Havana from the United +States, and cleared for Africa as slavers after an alleged sale.<a name="FNanchor_55_622" id="FNanchor_55_622"></a><a href="#Footnote_55_622" class="fnanchor">55</a> +The American consul, Trist, was proven to have consciously +or unconsciously aided this trade by the issuance of blank +<!-- Page 165 --><a name="Page_165" id="Page_165"></a><span class="pagenum">165</span>clearance papers.<a name="FNanchor_56_623" id="FNanchor_56_623"></a><a href="#Footnote_56_623" class="fnanchor">56</a></p> + +<p>The presence of American capital in these enterprises, and +the connivance of the authorities, were proven in many cases +and known in scores. In 1837 the English government informed +the United States that from the papers of a captured +slaver it appeared that the notorious slave-trading firm, +Blanco and Carballo of Havana, who owned the vessel, had +correspondents in the United States: "at Baltimore, Messrs. +Peter Harmony and Co., in New York, Robert Barry, Esq."<a name="FNanchor_57_624" id="FNanchor_57_624"></a><a href="#Footnote_57_624" class="fnanchor">57</a> +The slaver "Martha" of New York, captured by the "Perry," +contained among her papers curious revelations of the guilt +of persons in America who were little suspected.<a name="FNanchor_58_625" id="FNanchor_58_625"></a><a href="#Footnote_58_625" class="fnanchor">58</a> The slaver +"Prova," which was allowed to lie in the harbor of Charleston, +South Carolina, and refit, was afterwards captured with +two hundred and twenty-five slaves on board.<a name="FNanchor_59_626" id="FNanchor_59_626"></a><a href="#Footnote_59_626" class="fnanchor">59</a> The real reason +that prevented many belligerent Congressmen from pressing +certain search claims against England lay in the fact that +the unjustifiable detentions had unfortunately revealed so +much American guilt that it was deemed wiser to let the matter +end in talk. For instance, in 1850 Congress demanded information +as to illegal searches, and President Fillmore's +report showed the uncomfortable fact that, of the ten American +ships wrongly detained by English men-of-war, nine were +proven red-handed slavers.<a name="FNanchor_60_627" id="FNanchor_60_627"></a><a href="#Footnote_60_627" class="fnanchor">60</a></p> + +<p>The consul at Havana reported, in 1836, that whole cargoes +of slaves fresh from Africa were being daily shipped to Texas +in American vessels, that 1,000 had been sent within a few +months, that the rate was increasing, and that many of these +slaves "can scarcely fail to find their way into the United +States." Moreover, the consul acknowledged that ships frequently +cleared for the United States in ballast, taking on a +cargo at some secret point.<a name="FNanchor_61_628" id="FNanchor_61_628"></a><a href="#Footnote_61_628" class="fnanchor">61</a> When with these facts we consider +<!-- Page 166 --><a name="Page_166" id="Page_166"></a><span class="pagenum">166</span>the law facilitating "recovery" of slaves from Texas,<a name="FNanchor_62_629" id="FNanchor_62_629"></a><a href="#Footnote_62_629" class="fnanchor">62</a> the +repeated refusals to regulate the Texan trade, and the shelving +of a proposed congressional investigation into these matters,<a name="FNanchor_63_630" id="FNanchor_63_630"></a><a href="#Footnote_63_630" class="fnanchor">63</a> +conjecture becomes a practical certainty. It was estimated in +1838 that 15,000 Africans were annually taken to Texas, and +"there are even grounds for suspicion that there are other +places ... where slaves are introduced."<a name="FNanchor_64_631" id="FNanchor_64_631"></a><a href="#Footnote_64_631" class="fnanchor">64</a> Between 1847 and +1853 the slave smuggler Drake had a slave depot in the Gulf, +where sometimes as many as 1,600 Negroes were on hand, +and the owners were continually importing and shipping. +"The joint-stock company," writes this smuggler, "was a very +extensive one, and connected with leading American and +Spanish mercantile houses. Our island<a name="FNanchor_65_632" id="FNanchor_65_632"></a><a href="#Footnote_65_632" class="fnanchor">65</a> was visited almost +weekly, by agents from Cuba, New York, Baltimore, Philadelphia, +Boston, and New Orleans.... The seasoned and +instructed slaves were taken to Texas, or Florida, overland, +and to Cuba, in sailing-boats. As no squad contained more +than half a dozen, no difficulty was found in posting them to +the United States, without discovery, and generally without +suspicion.... The Bay Island plantation sent ventures +weekly to the Florida Keys. Slaves were taken into the great +American swamps, and there kept till wanted for the market. +Hundreds were sold as captured runaways from the Florida +wilderness. We had agents in every slave State; and our coasters +were built in Maine, and came out with lumber. I could +tell curious stories ... of this business of smuggling Bozal +negroes into the United States. It is growing more profitable +every year, and if you should hang all the Yankee merchants +engaged in it, hundreds would fill their places."<a name="FNanchor_66_633" id="FNanchor_66_633"></a><a href="#Footnote_66_633" class="fnanchor">66</a> Inherent +<!-- Page 167 --><a name="Page_167" id="Page_167"></a><span class="pagenum">167</span>probability and concurrent testimony confirm the substantial +truth of such confessions. For instance, one traveller discovers +on a Southern plantation Negroes who can speak no English.<a name="FNanchor_67_634" id="FNanchor_67_634"></a><a href="#Footnote_67_634" class="fnanchor">67</a> +The careful reports of the Quakers "apprehend that +many [slaves] are also introduced into the United States."<a name="FNanchor_68_635" id="FNanchor_68_635"></a><a href="#Footnote_68_635" class="fnanchor">68</a> +Governor Mathew of the Bahama Islands reports that "in +more than one instance, Bahama vessels with coloured crews +have been purposely wrecked on the coast of Florida, and the +crews forcibly sold." This was brought to the notice of the +United States authorities, but the district attorney of Florida +could furnish no information.<a name="FNanchor_69_636" id="FNanchor_69_636"></a><a href="#Footnote_69_636" class="fnanchor">69</a></p> + +<p>Such was the state of the slave-trade in 1850, on the threshold +of the critical decade which by a herculean effort was destined +finally to suppress it.</p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_568" id="Footnote_1_568"></a><a href="#FNanchor_1_568"><span class="label">1</span></a> Beer, <i>Geschichte des Welthandels im 19<sup>ten</sup> Jahrhundert</i>, II. 67.</p></div> + +<div class="footnote"><p><a name="Footnote_2_569" id="Footnote_2_569"></a><a href="#FNanchor_2_569"><span class="label">2</span></a> A list of these inventions most graphically illustrates this advance:— +</p> +<table summary=""> +<tr><td align="left">1738,</td><td align="left">John Jay, fly-shuttle.</td></tr> +<tr><td align="left"> </td><td align="left">John Wyatt, spinning by rollers.</td></tr> +<tr><td align="left">1748,</td><td align="left">Lewis Paul, carding-machine.</td></tr> +<tr><td align="left">1760,</td><td align="left"> Robert Kay, drop-box.</td></tr> +<tr><td align="left">1769,</td><td align="left">Richard Arkwright, water-frame and throstle.</td></tr> +<tr><td align="left"> </td><td align="left">James Watt, steam-engine.</td></tr> +<tr><td align="left">1772,</td><td align="left">James Lees, improvements on carding-machine.</td></tr> +<tr><td align="left">1775,</td><td align="left">Richard Arkwright, series of combinations.</td></tr> +<tr><td align="left">1779,</td><td align="left">Samuel Compton, mule.</td></tr> +<tr><td align="left">1785,</td><td align="left">Edmund Cartwright, power-loom.</td></tr> +<tr><td align="left">1803–4,</td><td align="left">Radcliffe and Johnson, dressing-machine.</td></tr> +<tr><td align="left">1817,</td><td align="left">Roberts, fly-frame.</td></tr> +<tr><td align="left">1818,</td><td align="left">William Eaton, self-acting frame.</td></tr> +<tr><td align="left">1825–30,</td><td align="left">Roberts, improvements on mule.</td></tr> +</table> + +<p> +Cf. Baines, <i>History of the Cotton Manufacture</i>, pp. 116–231; <i>Encyclopædia Britannica</i>, +9th ed., article "Cotton."</p></div> + +<div class="footnote"><p><a name="Footnote_3_570" id="Footnote_3_570"></a><a href="#FNanchor_3_570"><span class="label">3</span></a> Baines, <i>History of the Cotton Manufacture</i>, p. 215. A bale weighed from +375 lbs. to 400 lbs.</p></div> + +<div class="footnote"><p><a name="Footnote_4_571" id="Footnote_4_571"></a><a href="#FNanchor_4_571"><span class="label">4</span></a> The prices cited are from Newmarch and Tooke, and refer to the London +market. The average price in 1855–60 was about 7<i>d.</i></p></div> + +<div class="footnote"><p><a name="Footnote_5_572" id="Footnote_5_572"></a><a href="#FNanchor_5_572"><span class="label">5</span></a> From United States census reports.</p></div> + +<div class="footnote"><p><a name="Footnote_6_573" id="Footnote_6_573"></a><a href="#FNanchor_6_573"><span class="label">6</span></a> Cf. United States census reports; and Olmsted, <i>The Cotton Kingdom</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_7_574" id="Footnote_7_574"></a><a href="#FNanchor_7_574"><span class="label">7</span></a> Cf. United States census reports; and Olmsted, <i>The Cotton Kingdom</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_8_575" id="Footnote_8_575"></a><a href="#FNanchor_8_575"><span class="label">8</span></a> As early as 1836 Calhoun declared that he should ever regret that the term +"piracy" had been applied to the slave-trade in our laws: Benton, <i>Abridgment +of Debates</i>, XII. 718.</p></div> + +<div class="footnote"><p><a name="Footnote_9_576" id="Footnote_9_576"></a><a href="#FNanchor_9_576"><span class="label">9</span></a> Governor J.H. Hammond of South Carolina, in <i>Letters to Clarkson</i>, No. +1, p. 2.</p></div> + +<div class="footnote"><p><a name="Footnote_10_577" id="Footnote_10_577"></a><a href="#FNanchor_10_577"><span class="label">10</span></a> In 1826 Forsyth of Georgia attempted to have a bill passed abolishing the +African agency, and providing that the Africans imported be disposed of in +some way that would entail no expense on the public treasury: <i>Home Journal</i>, +19 Cong. 1 sess. p. 258. In 1828 a bill was reported to the House to abolish +the agency and make the Colonization Society the agents, if they would +agree to the terms. The bill was so amended as merely to appropriate money +for suppressing the slave-trade: <i>Ibid.</i>, 20 Cong. 1 sess., House Bill No. +190.</p></div> + +<div class="footnote"><p><a name="Footnote_11_578" id="Footnote_11_578"></a><a href="#FNanchor_11_578"><span class="label">11</span></a> <i>Ibid.</i>, pp. 121, 135; 20 Cong. 2 sess. pp. 58–9, 84, 215.</p></div> + +<div class="footnote"><p><a name="Footnote_12_579" id="Footnote_12_579"></a><a href="#FNanchor_12_579"><span class="label">12</span></a> <i>Congressional Globe</i>, 27 Cong. 3 sess. pp. 328, 331–6.</p></div> + +<div class="footnote"><p><a name="Footnote_13_580" id="Footnote_13_580"></a><a href="#FNanchor_13_580"><span class="label">13</span></a> Cf. Mercer's bill, <i>House Journal</i>, 21 Cong. 1 sess. p. 512; also Strange's two +bills, <i>Senate Journal</i>, 25 Cong. 3 sess. pp. 200, 313; 26 Cong. 1 sess., Senate +Bill No. 123.</p></div> + +<div class="footnote"><p><a name="Footnote_14_581" id="Footnote_14_581"></a><a href="#FNanchor_14_581"><span class="label">14</span></a> <i>Senate Journal</i>, 25 Cong. 2 sess. pp. 297–8, 300.</p></div> + +<div class="footnote"><p><a name="Footnote_15_582" id="Footnote_15_582"></a><a href="#FNanchor_15_582"><span class="label">15</span></a> <i>Senate Doc</i>, 28 Cong. 1 sess. IV. No. 217, p. 19; <i>Senate Exec. Doc.</i>, 31 Cong. +2 sess. II. No. 6, pp. 3, 10, etc.; 33 Cong. 1 sess. VIII. No. 47, pp. 5–6; 34 +Cong. 1 sess. XV. No. 99, p. 80; <i>House Journal</i>, 26 Cong. 1 sess. pp. 117–8; +cf. <i>Ibid.</i>, 20 Cong. 1 sess. p. 650, etc.; 21 Cong. 2 sess. p. 194; 27 Cong. 1 sess. +pp. 31, 184; <i>House Doc.</i>, 29 Cong. 1 sess. III. No. 43, p. 11; <i>House Exec. Doc.</i>, +31 Cong. 1 sess. III. pt. 1, No. 5, pp. 7–8.</p></div> + +<div class="footnote"><p><a name="Footnote_16_583" id="Footnote_16_583"></a><a href="#FNanchor_16_583"><span class="label">16</span></a> <i>Senate Journal</i>, 26 Cong. 1 sess., Senate Bill No. 335; <i>House Journal</i>, 26 +Cong. 1 sess. pp. 1138, 1228, 1257.</p></div> + +<div class="footnote"><p><a name="Footnote_17_584" id="Footnote_17_584"></a><a href="#FNanchor_17_584"><span class="label">17</span></a> <i>Statutes at Large</i>, III. 764.</p></div> + +<div class="footnote"><p><a name="Footnote_18_585" id="Footnote_18_585"></a><a href="#FNanchor_18_585"><span class="label">18</span></a> Cf. above, Chapter VIII. p. 125.</p></div> + +<div class="footnote"><p><a name="Footnote_19_586" id="Footnote_19_586"></a><a href="#FNanchor_19_586"><span class="label">19</span></a> Cf. <i>Report of the Secretary of the Navy</i>, 1827.</p></div> + +<div class="footnote"><p><a name="Footnote_20_587" id="Footnote_20_587"></a><a href="#FNanchor_20_587"><span class="label">20</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_21_588" id="Footnote_21_588"></a><a href="#FNanchor_21_588"><span class="label">21</span></a> <i>House Reports</i>, 24 Cong. 1 sess. I. No. 223.</p></div> + +<div class="footnote"><p><a name="Footnote_22_589" id="Footnote_22_589"></a><a href="#FNanchor_22_589"><span class="label">22</span></a> This account is taken exclusively from government documents: <i>Amer. +State Papers, Naval</i>, III. Nos. 339, 340, 357, 429 E; IV. Nos. 457 R (1 and 2), +486 H, I, p. 161 and 519 R, 564 P, 585 P; <i>House Reports</i>, 19 Cong. 1 sess. I. No. +65; <i>House Doc.</i>, 19 Cong. 2 sess. IV. No. 69; 21 Cong. 2 sess. I. No. 2, pp. 42–3, +211–8; 22 Cong. 1 sess. I. No. 2, pp. 45, 272–4; 22 Cong. 2 sess. I. No. 2, +pp. 48, 229; 23 Cong. 1 sess. I. No. 1, pp. 238, 269; 23 Cong. 2 sess. I. No. 2, +pp. 315, 363; 24 Cong, 1 sess. I. No. 2, pp. 336, 378; 24 Cong. 2 sess. I. No. 2, +pp. 450, 506; 25 Cong. 2 sess. I. No. 3, pp. 771, 850; 26 Cong. 1 sess. I. No. 2, +pp. 534, 612; 26 Cong. 2 sess. I. No. 2, pp. 405, 450. It is probable that the +agent became eventually the United States consul and minister; I cannot +however cite evidence for this supposition.</p></div> + +<div class="footnote"><p><a name="Footnote_23_590" id="Footnote_23_590"></a><a href="#FNanchor_23_590"><span class="label">23</span></a> <i>Report of the Secretary of the Navy</i>, 1824.</p></div> + +<div class="footnote"><p><a name="Footnote_24_591" id="Footnote_24_591"></a><a href="#FNanchor_24_591"><span class="label">24</span></a> <i>Ibid.</i>, 1826.</p></div> + +<div class="footnote"><p><a name="Footnote_25_592" id="Footnote_25_592"></a><a href="#FNanchor_25_592"><span class="label">25</span></a> <i>Ibid.</i>, 1839.</p></div> + +<div class="footnote"><p><a name="Footnote_26_593" id="Footnote_26_593"></a><a href="#FNanchor_26_593"><span class="label">26</span></a> <i>Ibid.</i>, 1842.</p></div> + +<div class="footnote"><p><a name="Footnote_27_594" id="Footnote_27_594"></a><a href="#FNanchor_27_594"><span class="label">27</span></a> <i>British and Foreign State Papers</i>, 1857–8, p. 1250.</p></div> + +<div class="footnote"><p><a name="Footnote_28_595" id="Footnote_28_595"></a><a href="#FNanchor_28_595"><span class="label">28</span></a> Lord Napier to Secretary of State Cass, Dec. 24, 1857: <i>British and Foreign +State Papers</i>, 1857–8, p. 1249.</p></div> + +<div class="footnote"><p><a name="Footnote_29_596" id="Footnote_29_596"></a><a href="#FNanchor_29_596"><span class="label">29</span></a> <i>Parliamentary Papers</i>, 1847–8, Vol. LXIV. No. 133, <i>Papers Relative to the +Suppression of the Slave Trade on the Coast of Africa</i>, p. 2.</p></div> + +<div class="footnote"><p><a name="Footnote_30_597" id="Footnote_30_597"></a><a href="#FNanchor_30_597"><span class="label">30</span></a> Report of Perry: <i>Senate Doc.</i>, 28 Cong. 2 sess. IX. No. 150, p. 118.</p></div> + +<div class="footnote"><p><a name="Footnote_31_598" id="Footnote_31_598"></a><a href="#FNanchor_31_598"><span class="label">31</span></a> Consul Park at Rio Janeiro to Secretary Buchanan, Aug. 20, 1847: <i>House +Exec. Doc.</i>, 30 Cong. 2 sess. VII. No. 61, p. 7.</p></div> + +<div class="footnote"><p><a name="Footnote_32_599" id="Footnote_32_599"></a><a href="#FNanchor_32_599"><span class="label">32</span></a> Suppose "an American vessel employed to take in negroes at some point +on this coast. There is no American man-of-war here to obtain intelligence. +What risk does she run of being searched? But suppose that there is a man-of-war +in port. What is to secure the master of the merchantman against her +[the man-of-war's] commander's knowing all about his [the merchant-man's] +intention, or suspecting it in time to be upon him [the merchant-man] before +he shall have run a league on his way to Texas?" Consul Trist to Commander +Spence: <i>House Doc.</i>, 27 Cong. 1 sess. No. 34, p. 41.</p></div> + +<div class="footnote"><p><a name="Footnote_33_600" id="Footnote_33_600"></a><a href="#FNanchor_33_600"><span class="label">33</span></a> A typical set of instructions was on the following plan: 1. You are charged +with the protection of legitimate commerce. 2. While the United States +wishes to suppress the slave-trade, she will not admit a Right of Search by +foreign vessels. 3. You are to arrest slavers. 4. You are to allow in no case an +exercise of the Right of Search or any great interruption of legitimate commerce.—To +Commodore Perry, March 30, 1843: <i>House Exec. Doc.</i>, 35 Cong. +2 sess. IX. No. 104.</p></div> + +<div class="footnote"><p><a name="Footnote_34_601" id="Footnote_34_601"></a><a href="#FNanchor_34_601"><span class="label">34</span></a> <i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, pp. 765–8. Cf. Benton's +speeches on the treaty of 1842.</p></div> + +<div class="footnote"><p><a name="Footnote_35_602" id="Footnote_35_602"></a><a href="#FNanchor_35_602"><span class="label">35</span></a> Report of Hotham to Admiralty, April 7, 1847: <i>Parliamentary Papers</i>, +1847–8, Vol. LXIV. No. 133, <i>Papers Relative to the Suppression of the Slave Trade +on the Coast of Africa</i>, p. 13.</p></div> + +<div class="footnote"><p><a name="Footnote_36_603" id="Footnote_36_603"></a><a href="#FNanchor_36_603"><span class="label">36</span></a> <i>Opinions of Attorneys-General</i>, III. 512.</p></div> + +<div class="footnote"><p><a name="Footnote_37_604" id="Footnote_37_604"></a><a href="#FNanchor_37_604"><span class="label">37</span></a> <i>Tenth Annual Report of the Amer. and Foreign Anti-Slav. Soc.</i>, May 7, 1850, +p. 149.</p></div> + +<div class="footnote"><p><a name="Footnote_38_605" id="Footnote_38_605"></a><a href="#FNanchor_38_605"><span class="label">38</span></a> <i>Opinions of Attorneys-General</i>, IV. 245.</p></div> + +<div class="footnote"><p><a name="Footnote_39_606" id="Footnote_39_606"></a><a href="#FNanchor_39_606"><span class="label">39</span></a> <i>Senate Doc.</i>, 28 Cong. 2 sess. IX. No. 150, pp. 108, 132.</p></div> + +<div class="footnote"><p><a name="Footnote_40_607" id="Footnote_40_607"></a><a href="#FNanchor_40_607"><span class="label">40</span></a> <i>House Exec. Doc.</i>, 30 Cong. 2 sess. VII. No. 61, p. 18.</p></div> + +<div class="footnote"><p><a name="Footnote_41_608" id="Footnote_41_608"></a><a href="#FNanchor_41_608"><span class="label">41</span></a> Foote, <i>Africa and the American Flag</i>, pp. 286–90.</p></div> + +<div class="footnote"><p><a name="Footnote_42_609" id="Footnote_42_609"></a><a href="#FNanchor_42_609"><span class="label">42</span></a> <i>British and Foreign State Papers</i>, 1839–40, pp. 913–4.</p></div> + +<div class="footnote"><p><a name="Footnote_43_610" id="Footnote_43_610"></a><a href="#FNanchor_43_610"><span class="label">43</span></a> Cf. United States census reports; and Olmsted, <i>Cotton Kingdom</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_44_611" id="Footnote_44_611"></a><a href="#FNanchor_44_611"><span class="label">44</span></a> <i>House Journal</i>, 26 Cong. 1 sess. p. 118.</p></div> + +<div class="footnote"><p><a name="Footnote_45_612" id="Footnote_45_612"></a><a href="#FNanchor_45_612"><span class="label">45</span></a> <i>Ibid.</i>, 27 Cong. 1 sess. pp. 31, 184.</p></div> + +<div class="footnote"><p><a name="Footnote_46_613" id="Footnote_46_613"></a><a href="#FNanchor_46_613"><span class="label">46</span></a> <i>Ibid.</i>, 27 Cong. 2 sess. pp. 14, 15, 86, 113.</p></div> + +<div class="footnote"><p><a name="Footnote_47_614" id="Footnote_47_614"></a><a href="#FNanchor_47_614"><span class="label">47</span></a> <i>Senate Journal</i>, 28 Cong. 2 sess. pp. 191, 227.</p></div> + +<div class="footnote"><p><a name="Footnote_48_615" id="Footnote_48_615"></a><a href="#FNanchor_48_615"><span class="label">48</span></a> <i>House Exec. Doc.</i>, 31 Cong. 1 sess. III. pt. I. No. 5, p. 7.</p></div> + +<div class="footnote"><p><a name="Footnote_49_616" id="Footnote_49_616"></a><a href="#FNanchor_49_616"><span class="label">49</span></a> Foote, <i>Africa and the American Flag</i>, p. 152.</p></div> + +<div class="footnote"><p><a name="Footnote_50_617" id="Footnote_50_617"></a><a href="#FNanchor_50_617"><span class="label">50</span></a> <i>Ibid.</i>, pp. 152–3.</p></div> + +<div class="footnote"><p><a name="Footnote_51_618" id="Footnote_51_618"></a><a href="#FNanchor_51_618"><span class="label">51</span></a> <i>Ibid.</i>, p. 241.</p></div> + +<div class="footnote"><p><a name="Footnote_52_619" id="Footnote_52_619"></a><a href="#FNanchor_52_619"><span class="label">52</span></a> Cf. e.g. <i>House Doc.</i>, 28 Cong. 2 sess. IV. pt. I. No. 148; 29 Cong. 1 sess. +III. No. 43; <i>House Exec. Doc.</i>, 30 Cong. 2 sess. VII. No. 61; <i>Senate Exec. Doc.</i>, +30 Cong. 1 sess. IV. No. 28; 31 Cong. 2 sess. II. No. 6; 33 Cong. 1 sess. VIII. +No. 47.</p></div> + +<div class="footnote"><p><a name="Footnote_53_620" id="Footnote_53_620"></a><a href="#FNanchor_53_620"><span class="label">53</span></a> Foote, <i>Africa and the American Flag</i>, p. 218.</p></div> + +<div class="footnote"><p><a name="Footnote_54_621" id="Footnote_54_621"></a><a href="#FNanchor_54_621"><span class="label">54</span></a> <i>Ibid.</i>, p. 221.</p></div> + +<div class="footnote"><p><a name="Footnote_55_622" id="Footnote_55_622"></a><a href="#FNanchor_55_622"><span class="label">55</span></a> Palmerston to Stevenson: <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, p. 5. In +1836 five such slavers were known to have cleared; in 1837, eleven; in 1838, +nineteen; and in 1839, twenty-three: <i>Ibid.</i>, pp. 220–1.</p></div> + +<div class="footnote"><p><a name="Footnote_56_623" id="Footnote_56_623"></a><a href="#FNanchor_56_623"><span class="label">56</span></a> <i>Parliamentary Papers</i>, 1839, Vol. XLIX., <i>Slave Trade</i>, class A, Further Series, +pp. 58–9; class B, Further Series, p. 110; class D, Further Series, p. 25. +Trist pleaded ignorance of the law: Trist to Forsyth, <i>House Doc.</i>, 26 Cong. 2 +sess. V. No. 115.</p></div> + +<div class="footnote"><p><a name="Footnote_57_624" id="Footnote_57_624"></a><a href="#FNanchor_57_624"><span class="label">57</span></a> <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115.</p></div> + +<div class="footnote"><p><a name="Footnote_58_625" id="Footnote_58_625"></a><a href="#FNanchor_58_625"><span class="label">58</span></a> Foote, <i>Africa and the American Flag</i>, p. 290.</p></div> + +<div class="footnote"><p><a name="Footnote_59_626" id="Footnote_59_626"></a><a href="#FNanchor_59_626"><span class="label">59</span></a> <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 121, 163–6.</p></div> + +<div class="footnote"><p><a name="Footnote_60_627" id="Footnote_60_627"></a><a href="#FNanchor_60_627"><span class="label">60</span></a> <i>Senate Exec. Doc.</i>, 31 Cong. 1 sess. XIV No. 66.</p></div> + +<div class="footnote"><p><a name="Footnote_61_628" id="Footnote_61_628"></a><a href="#FNanchor_61_628"><span class="label">61</span></a> Trist to Forsyth: <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115. "The business of +supplying the United States with Africans from this island is one that must +necessarily exist," because "slaves are a hundred <i>per cent</i>, or more, higher in +the United States than in Cuba," and this profit "is a temptation which it is +not in human nature as modified by American institutions to withstand": +<i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_62_629" id="Footnote_62_629"></a><a href="#FNanchor_62_629"><span class="label">62</span></a> <i>Statutes at Large</i>, V. 674.</p></div> + +<div class="footnote"><p><a name="Footnote_63_630" id="Footnote_63_630"></a><a href="#FNanchor_63_630"><span class="label">63</span></a> Cf. above, p. 157, note 1.</p></div> + +<div class="footnote"><p><a name="Footnote_64_631" id="Footnote_64_631"></a><a href="#FNanchor_64_631"><span class="label">64</span></a> Buxton, <i>The African Slave Trade and its Remedy</i>, pp. 44–5. Cf. <i>2d Report +of the London African Soc.</i>, p. 22.</p></div> + +<div class="footnote"><p><a name="Footnote_65_632" id="Footnote_65_632"></a><a href="#FNanchor_65_632"><span class="label">65</span></a> I.e., Bay Island in the Gulf of Mexico, near the coast of Honduras.</p></div> + +<div class="footnote"><p><a name="Footnote_66_633" id="Footnote_66_633"></a><a href="#FNanchor_66_633"><span class="label">66</span></a> <i>Revelations of a Slave Smuggler</i>, p. 98.</p></div> + +<div class="footnote"><p><a name="Footnote_67_634" id="Footnote_67_634"></a><a href="#FNanchor_67_634"><span class="label">67</span></a> Mr. H. Moulton in <i>Slavery as it is</i>, p. 140; cited in <i>Facts and Observations +on the Slave Trade</i> (Friends' ed. 1841), p. 8.</p></div> + +<div class="footnote"><p><a name="Footnote_68_635" id="Footnote_68_635"></a><a href="#FNanchor_68_635"><span class="label">68</span></a> In a memorial to Congress, 1840: <i>House Doc.</i>, 26 Cong. 1 sess. VI. +No. 211.</p></div> + +<div class="footnote"><p><a name="Footnote_69_636" id="Footnote_69_636"></a><a href="#FNanchor_69_636"><span class="label">69</span></a> <i>British and Foreign State Papers</i>, 1845–6, pp. 883, 968, 989–90. The governor +wrote in reply: "The United States, if properly served by their law +officers in the Floridas, will not experience any difficulty in obtaining the +requisite knowledge of these illegal transactions, which, I have reason to believe, +were the subject of common notoriety in the neighbourhood where +they occurred, and of boast on the part of those concerned in them": <i>British +and Foreign State Papers</i>, 1845–6, p. 990.</p></div> +</div> + + +<hr /> +<p><!-- Page 168 --><a name="Page_168" id="Page_168"></a><span class="pagenum">168</span></p> +<h2><a name="Chapter_XI" id="Chapter_XI"></a><i>Chapter XI</i></h2> + +<h3>THE FINAL CRISIS. 1850–1870.</h3> + +<table summary="Chapter Sections"> +<tr><td align="left">80. The Movement against the Slave-Trade Laws.</td></tr> +<tr><td align="left">81. Commercial Conventions of 1855–56.</td></tr> +<tr><td align="left">82. Commercial Conventions of 1857–58.</td></tr> +<tr><td align="left">83. Commercial Convention of 1859.</td></tr> +<tr><td align="left">84. Public Opinion in the South.</td></tr> +<tr><td align="left">85. The Question in Congress.</td></tr> +<tr><td align="left">86. Southern Policy in 1860.</td></tr> +<tr><td align="left">87. Increase of the Slave-Trade from 1850 to 1860.</td></tr> +<tr><td align="left">88. Notorious Infractions of the Laws.</td></tr> +<tr><td align="left">89. Apathy of the Federal Government.</td></tr> +<tr><td align="left">90. Attitude of the Southern Confederacy.</td></tr> +<tr><td align="left">91. Attitude of the United States.</td></tr> +</table> + +<p>80. <b>The Movement against the Slave-Trade Laws.</b> It was +not altogether a mistaken judgment that led the constitutional +fathers to consider the slave-trade as the backbone of slavery. +An economic system based on slave labor will find, sooner or +later, that the demand for the cheapest slave labor cannot +long be withstood. Once degrade the laborer so that he cannot +assert his own rights, and there is but one limit below +which his price cannot be reduced. That limit is not his physical +well-being, for it may be, and in the Gulf States it was, +cheaper to work him rapidly to death; the limit is simply the +cost of procuring him and keeping him alive a profitable +length of time. Only the moral sense of a community can +keep helpless labor from sinking to this level; and when a +community has once been debauched by slavery, its moral +sense offers little resistance to economic demand. This was +the case in the West Indies and Brazil; and although better +moral stamina held the crisis back longer in the United States, +yet even here the ethical standard of the South was not able +to maintain itself against the demands of the cotton industry. +When, after 1850, the price of slaves had risen to a monopoly +height, the leaders of the plantation system, brought to the +edge of bankruptcy by the crude and reckless farming necessary +under a slave <i>régime</i>, and baffled, at least temporarily, in +their quest of new rich land to exploit, began instinctively to +feel that the only salvation of American slavery lay in the reopening +<!-- Page 169 --><a name="Page_169" id="Page_169"></a><span class="pagenum">169</span>of the African slave-trade.</p> + +<p>It took but a spark to put this instinctive feeling into +words, and words led to deeds. The movement first took definite +form in the ever radical State of South Carolina. In 1854 +a grand jury in the Williamsburg district declared, "as our +unanimous opinion, that the Federal law abolishing the African +Slave Trade is a public grievance. We hold this trade has +been and would be, if re-established, a blessing to the American +people, and a benefit to the African himself."<a name="FNanchor_1_637" id="FNanchor_1_637"></a><a href="#Footnote_1_637" class="fnanchor">1</a> This attracted +only local attention; but when, in 1856, the governor +of the State, in his annual message, calmly argued at length +for a reopening of the trade, and boldly declared that "if we +cannot supply the demand for slave labor, then we must expect +to be supplied with a species of labor we do not want,"<a name="FNanchor_2_638" id="FNanchor_2_638"></a><a href="#Footnote_2_638" class="fnanchor">2</a> +such words struck even Southern ears like "a thunder clap in +a calm day."<a name="FNanchor_3_639" id="FNanchor_3_639"></a><a href="#Footnote_3_639" class="fnanchor">3</a> And yet it needed but a few years to show that +South Carolina had merely been the first to put into words +the inarticulate thought of a large minority, if not a majority, +of the inhabitants of the Gulf States.</p> + + +<p>81. <b>Commercial Conventions of 1855–56.</b> The growth of +the movement is best followed in the action of the Southern +Commercial Convention, an annual gathering which seems to +have been fairly representative of a considerable part of +Southern opinion. In the convention that met at New Orleans +in 1855, McGimsey of Louisiana introduced a resolution +instructing the Southern Congressmen to secure the repeal of +the slave-trade laws. This resolution went to the Committee +on Resolutions, and was not reported.<a name="FNanchor_4_640" id="FNanchor_4_640"></a><a href="#Footnote_4_640" class="fnanchor">4</a> In 1856, in the convention +at Savannah, W.B. Goulden of Georgia moved that +the members of Congress be requested to bestir themselves +energetically to have repealed all laws which forbade the slave-trade. +By a vote of 67 to 18 the convention refused to debate +the motion, but appointed a committee to present at the next +convention the facts relating to a reopening of the trade.<a name="FNanchor_5_641" id="FNanchor_5_641"></a><a href="#Footnote_5_641" class="fnanchor">5</a> In +regard to this action a pamphlet of the day said: "There were +<!-- Page 170 --><a name="Page_170" id="Page_170"></a><span class="pagenum">170</span>introduced into the convention two leading measures, viz.: +the laying of a State tariff on northern goods, and the reopening +of the slave-trade; the one to advance our commercial interest, +the other our agricultural interest, and which, when +taken together, as they were doubtless intended to be, and +although they have each been attacked by presses of doubtful +service to the South, are characterized in the private judgment +of politicians as one of the completest southern remedies ever +submitted to popular action.... The proposition to revive, +or more properly to reopen, the slave trade is as yet but imperfectly +understood, in its intentions and probable results, by +the people of the South, and but little appreciated by them. +It has been received in all parts of the country with an undefined +sort of repugnance, a sort of squeamishness, which is +incident to all such violations of moral prejudices, and invariably +wears off on familiarity with the subject. The South will +commence by enduring, and end by embracing the project."<a name="FNanchor_6_642" id="FNanchor_6_642"></a><a href="#Footnote_6_642" class="fnanchor">6</a> +The matter being now fully before the public through these +motions, Governor Adams's message, and newspaper and +pamphlet discussion, the radical party pushed the project with +all energy.</p> + + +<p>82. <b>Commercial Conventions of 1857–58.</b> The first piece +of regular business that came before the Commercial Convention +at Knoxville, Tennessee, August 10, 1857, was a proposal +to recommend the abrogation of the 8th Article of the Treaty +of Washington, on the slave-trade. An amendment offered by +Sneed of Tennessee, declaring it inexpedient and against settled +policy to reopen the trade, was voted down, Alabama, +Arkansas, Florida, Louisiana, Mississippi, South Carolina, +and Virginia refusing to agree to it. The original motion then +passed; and the radicals, satisfied with their success in the first +skirmish, again secured the appointment of a committee to +report at the next meeting on the subject of reopening the +slave-trade.<a name="FNanchor_7_643" id="FNanchor_7_643"></a><a href="#Footnote_7_643" class="fnanchor">7</a> This next meeting assembled May 10, 1858, in a +Gulf State, Alabama, in the city of Montgomery. Spratt of<!-- Page 171 --><a name="Page_171" id="Page_171"></a><span class="pagenum">171</span> +South Carolina, the slave-trade champion, presented an elaborate +majority report from the committee, and recommended +the following resolutions:—</p> + +<div class="blockquot"> +<p>1. <i>Resolved</i>, That slavery is right, and that being right, there can be +no wrong in the natural means to its formation.</p> + +<p>2. <i>Resolved</i>, That it is expedient and proper that the foreign slave +trade should be re-opened, and that this Convention will lend its +influence to any legitimate measure to that end.</p> + +<p>3. <i>Resolved</i>, That a committee, consisting of one from each slave +State, be appointed to consider of the means, consistent with the +duty and obligations of these States, for re-opening the foreign +slave-trade, and that they report their plan to the next meeting of +this Convention.</p> +</div> + +<p>Yancey, from the same committee, presented a minority report, +which, though it demanded the repeal of the national +prohibitory laws, did not advocate the reopening of the trade +by the States.</p> + +<p>Much debate ensued. Pryor of Virginia declared the majority +report "a proposition to dissolve the Union." Yancey +declared that "he was for disunion now. [Applause.]" He defended +the principle of the slave-trade, and said: "If it is right +to buy slaves in Virginia and carry them to New Orleans, why +is it not right to buy them in Cuba, Brazil, or Africa, and +carry them there?" The opposing speeches made little attempt +to meet this uncomfortable logic; but, nevertheless, opposition +enough was developed to lay the report on the table until +the next convention, with orders that it be printed, in the +mean time, as a radical campaign document. Finally the convention +passed a resolution:—</p> + +<p>That it is inexpedient for any State, or its citizens, to attempt to +re-open the African slave-trade while that State is one of the United +States of America.<a name="FNanchor_8_644" id="FNanchor_8_644"></a><a href="#Footnote_8_644" class="fnanchor">8</a></p> +<p><!-- Page 172 --><a name="Page_172" id="Page_172"></a><span class="pagenum">172</span></p> + +<p>83. <b>Commercial Convention of 1859.</b> The Convention of +1859 met at Vicksburg, Mississippi, May 9–19, and the slave-trade +party came ready for a fray. On the second day Spratt +called up his resolutions, and the next day the Committee on +Resolutions recommended that, <i>"in the opinion of this Convention, +all laws, State or Federal, prohibiting the African slave +trade, ought to be repealed."</i> Two minority reports accompanied +this resolution: one proposed to postpone action, on account +of the futility of the attempt at that time; the other +report recommended that, since repeal of the national laws +was improbable, nullification by the States impracticable, and +action by the Supreme Court unlikely, therefore the States +should bring in the Africans as apprentices, a system the legality +of which "is incontrovertible." "The only difficult question," +it was said, "is the future status of the apprentices after +the expiration of their term of servitude."<a name="FNanchor_9_645" id="FNanchor_9_645"></a><a href="#Footnote_9_645" class="fnanchor">9</a> Debate on these +propositions began in the afternoon. A brilliant speech on the +resumption of the importation of slaves, says Foote of Mississippi, +"was listened to with breathless attention and applauded +vociferously. Those of us who rose in opposition +were looked upon by the excited assemblage present as <i>traitors</i> +to the best interests of the South, and only worthy of +expulsion from the body. The excitement at last grew so high +that personal violence was menaced, and some dozen of the +more conservative members of the convention withdrew from +the hall in which it was holding its sittings."<a name="FNanchor_10_646" id="FNanchor_10_646"></a><a href="#Footnote_10_646" class="fnanchor">10</a> "It was clear," +adds De Bow, "that the people of Vicksburg looked upon it +[i.e., the convention] with some distrust."<a name="FNanchor_11_647" id="FNanchor_11_647"></a><a href="#Footnote_11_647" class="fnanchor">11</a> When at last a +ballot was taken, the first resolution passed by a vote of 40 to +19.<a name="FNanchor_12_648" id="FNanchor_12_648"></a><a href="#Footnote_12_648" class="fnanchor">12</a> Finally, the 8th Article of the Treaty of Washington was +again condemned; and it was also suggested, in the newspaper +which was the official organ of the meeting, that "the +Convention raise a fund to be dispensed in premiums for the +best sermons in favor of reopening the African Slave Trade."<a name="FNanchor_13_649" id="FNanchor_13_649"></a><a href="#Footnote_13_649" class="fnanchor">13</a></p> +<p><!-- Page 173 --><a name="Page_173" id="Page_173"></a><span class="pagenum">173</span></p> + +<p>84. <b>Public Opinion in the South.</b> This record of the Commercial +Conventions probably gives a true reflection of the +development of extreme opinion on the question of reopening +the slave-trade. First, it is noticeable that on this point +there was a distinct divergence of opinion and interest between +the Gulf and the Border States, and it was this more +than any moral repugnance that checked the radicals. The +whole movement represented the economic revolt of the +slave-consuming cotton-belt against their base of labor supply. +This revolt was only prevented from gaining its ultimate +end by the fact that the Gulf States could not get on without +the active political co-operation of the Border States. Thus, +although such hot-heads as Spratt were not able, even as late +as 1859, to carry a substantial majority of the South with them +in an attempt to reopen the trade at all hazards, yet the agitation +did succeed in sweeping away nearly all theoretical opposition +to the trade, and left the majority of Southern people +in an attitude which regarded the reopening of the African +slave-trade as merely a question of expediency.</p> + +<p>This growth of Southern opinion is clearly to be followed +in the newspapers and pamphlets of the day, in Congress, and +in many significant movements. The Charleston <i>Standard</i> in +a series of articles strongly advocated the reopening of the +trade; the Richmond <i>Examiner</i>, though opposing the scheme +as a Virginia paper should, was brought to "acknowledge that +the laws which condemn the Slave-trade imply an aspersion +upon the character of the South.<a name="FNanchor_14_650" id="FNanchor_14_650"></a><a href="#Footnote_14_650" class="fnanchor">14</a> +<!-- Page 174 --><a name="Page_174" id="Page_174"></a><span class="pagenum">174</span> +In March, 1859, the <i>National Era</i> said: "There can be no doubt that the idea of reviving +the African Slave Trade is gaining ground in the South. +Some two months ago we could quote strong articles from +ultra Southern journals against the traffic; but of late we have +been sorry to observe in the same journals an ominous silence +upon the subject, while the advocates of 'free trade in negroes' +are earnest and active."<a name="FNanchor_15_651" id="FNanchor_15_651"></a><a href="#Footnote_15_651" class="fnanchor">15</a> The Savannah <i>Republican</i>, which at +first declared the movement to be of no serious intent, conceded, +in 1859, that it was gaining favor, and that nine-tenths +of the Democratic Congressional Convention favored it, and +that even those who did not advocate a revival demanded the +abolition of the laws.<a name="FNanchor_16_652" id="FNanchor_16_652"></a><a href="#Footnote_16_652" class="fnanchor">16</a> A correspondent from South Carolina +writes, December 18, 1859: "The nefarious project of opening +it [i.e., the slave trade] has been started here in that prurient +temper of the times which manifests itself in disunion +schemes.... My State is strangely and terribly infected with +all this sort of thing.... One feeling that gives a countenance +to the opening of the slave trade is, that it will be a +sort of spite to the North and defiance of their opinions."<a name="FNanchor_17_653" id="FNanchor_17_653"></a><a href="#Footnote_17_653" class="fnanchor">17</a> +The New Orleans <i>Delta</i> declared that those who voted for +the slave-trade in Congress were men "whose names will be +honored hereafter for the unflinching manner in which they +stood up for principle, for truth, and consistency, as well as +the vital interests of the South."<a name="FNanchor_18_654" id="FNanchor_18_654"></a><a href="#Footnote_18_654" class="fnanchor">18</a></p> + +<p>85. <b>The Question in Congress.</b> Early in December, 1856, +the subject reached Congress; and although the agitation was +then new, fifty-seven Southern Congressmen refused to declare +a re-opening of the slave-trade "shocking to the moral +sentiment of the enlightened portion of mankind," and eight +refused to call the reopening even "unwise" and "inexpedient."<a name="FNanchor_19_655" id="FNanchor_19_655"></a><a href="#Footnote_19_655" class="fnanchor">19</a> +Three years later, January 31, 1859, it was impossible,<!-- Page 175 --><a name="Page_175" id="Page_175"></a><span class="pagenum">175</span> +in a House of one hundred and ninety-nine members, to get +a two-thirds vote in order even to consider Kilgore's resolutions, +which declared "that no legislation can be too thorough +in its measures, nor can any penalty known to the catalogue +of modern punishment for crime be too severe against a +traffic so inhuman and unchristian."<a name="FNanchor_20_656" id="FNanchor_20_656"></a><a href="#Footnote_20_656" class="fnanchor">20</a></p> + +<p>Congressmen and other prominent men hastened with the +rising tide.<a name="FNanchor_21_657" id="FNanchor_21_657"></a><a href="#Footnote_21_657" class="fnanchor">21</a> Dowdell of Alabama declared the repressive acts +"highly offensive;" J.B. Clay of Kentucky was "opposed to +all these laws;"<a name="FNanchor_22_658" id="FNanchor_22_658"></a><a href="#Footnote_22_658" class="fnanchor">22</a> Seward of Georgia declared them "wrong, +and a violation of the Constitution;"<a name="FNanchor_23_659" id="FNanchor_23_659"></a><a href="#Footnote_23_659" class="fnanchor">23</a> Barksdale of Mississippi +agreed with this sentiment; Crawford of Georgia threatened +a reopening of the trade; Miles of South Carolina was +for "sweeping away" all restrictions;<a name="FNanchor_24_660" id="FNanchor_24_660"></a><a href="#Footnote_24_660" class="fnanchor">24</a> Keitt of South Carolina +wished to withdraw the African squadron, and to cease to +brand slave-trading as piracy;<a name="FNanchor_25_661" id="FNanchor_25_661"></a><a href="#Footnote_25_661" class="fnanchor">25</a> Brown of Mississippi "would +repeal the law instantly;"<a name="FNanchor_26_662" id="FNanchor_26_662"></a><a href="#Footnote_26_662" class="fnanchor">26</a> Alexander Stephens, in his farewell +address to his constituents, said: "Slave states cannot be made +without Africans.... [My object is] to bring clearly to your +mind the great truth that without an increase of African slaves +from abroad, you may not expect or look for many more slave +States."<a name="FNanchor_27_663" id="FNanchor_27_663"></a><a href="#Footnote_27_663" class="fnanchor">27</a> Jefferson Davis strongly denied "any coincidence of +opinion with those who prate of the inhumanity and sinfulness +of the trade. The interest of Mississippi," said he, "not +of the African, dictates my conclusion." He opposed the immediate +reopening of the trade in Mississippi for fear of a +paralyzing influx of Negroes, but carefully added: "This conclusion, +in relation to Mississippi, is based upon my view of<!-- Page 176 --><a name="Page_176" id="Page_176"></a><span class="pagenum">176</span> +her <i>present</i> condition, <i>not</i> upon any <i>general theory</i>. It is not +supposed to be applicable to Texas, to New Mexico, or to any +<i>future acquisitions</i> to be made south of the Rio Grande."<a name="FNanchor_28_664" id="FNanchor_28_664"></a><a href="#Footnote_28_664" class="fnanchor">28</a> +John Forsyth, who for seven years conducted the slave-trade +diplomacy of the nation, declared, about 1860: "But one +stronghold of its [i.e., slavery's] enemies remains to be carried, +to <i>complete its triumph</i> and assure its welfare,—that is +the existing prohibition of the African Slave-trade."<a name="FNanchor_29_665" id="FNanchor_29_665"></a><a href="#Footnote_29_665" class="fnanchor">29</a> Pollard, +in his <i>Black Diamonds</i>, urged the importation of Africans as +"laborers." "This I grant you," said he, "would be practically +the re-opening of the African slave trade; but ... you will +find that it very often becomes necessary to evade the letter +of the law, in some of the greatest measures of social happiness +and patriotism."<a name="FNanchor_30_666" id="FNanchor_30_666"></a><a href="#Footnote_30_666" class="fnanchor">30</a></p> + + +<p>86. <b>Southern Policy in 1860.</b> The matter did not rest with +mere words. During the session of the Vicksburg Convention, +an "African Labor Supply Association" was formed, under +the presidency of J.D.B. De Bow, editor of <i>De Bow's +Review</i>, and ex-superintendent of the seventh census. The object +of the association was "to promote the supply of African +labor."<a name="FNanchor_31_667" id="FNanchor_31_667"></a><a href="#Footnote_31_667" class="fnanchor">31</a> In 1857 the committee of the South Carolina legislature +to whom the Governor's slave-trade message was referred +made an elaborate report, which declared in italics: +<i>"The South at large does need a re-opening of the African slave +trade."</i> Pettigrew, the only member who disagreed to this report, +failed of re-election. The report contained an extensive +argument to prove the kingship of cotton, the perfidy of English +philanthropy, and the lack of slaves in the South, which, +it was said, would show a deficit of six hundred thousand +slaves by 1878.<a name="FNanchor_32_668" id="FNanchor_32_668"></a><a href="#Footnote_32_668" class="fnanchor">32</a> In Georgia, about this time, an attempt to +expunge the slave-trade prohibition in the State Constitution +lacked but one vote of passing.<a name="FNanchor_33_669" id="FNanchor_33_669"></a><a href="#Footnote_33_669" class="fnanchor">33</a> From these slower and more +legal movements came others less justifiable. The long argument +<!-- Page 177 --><a name="Page_177" id="Page_177"></a><span class="pagenum">177</span>on the "apprentice" system finally brought a request to +the collector of the port at Charleston, South Carolina, from +E. Lafitte & Co., for a clearance to Africa for the purpose of +importing African "emigrants." The collector appealed to the +Secretary of the Treasury, Howell Cobb of Georgia, who +flatly refused to take the bait, and replied that if the "emigrants" +were brought in as slaves, it would be contrary to +United States law; if as freemen, it would be contrary to their +own State law.<a name="FNanchor_34_670" id="FNanchor_34_670"></a><a href="#Footnote_34_670" class="fnanchor">34</a> In Louisiana a still more radical movement +was attempted, and a bill passed the House of Representatives +authorizing a company to import two thousand five hundred +Africans, "indentured" for fifteen years "at least." The bill +lacked but two votes of passing the Senate.<a name="FNanchor_35_671" id="FNanchor_35_671"></a><a href="#Footnote_35_671" class="fnanchor">35</a> It was said that +the <i>Georgian</i>, of Savannah, contained a notice of an agricultural +society which "unanimously resolved to offer a premium +of $25 for the best specimen of a live African imported into +the United States within the last twelve months."<a name="FNanchor_36_672" id="FNanchor_36_672"></a><a href="#Footnote_36_672" class="fnanchor">36</a></p> + +<p>It would not be true to say that there was in the South in +1860 substantial unanimity on the subject of reopening the +slave-trade; nevertheless, there certainly was a large and influential +minority, including perhaps a majority of citizens of the +Gulf States, who favored the project, and, in defiance of law +and morals, aided and abetted its actual realization. Various +movements, it must be remembered, gained much of their +strength from the fact that their success meant a partial nullification +of the slave-trade laws. The admission of Texas added +probably seventy-five thousand recently imported slaves to the +Southern stock; the movement against Cuba, which culminated +in the "Ostend Manifesto" of Buchanan, Mason, and +Soulé, had its chief impetus in the thousands of slaves whom +Americans had poured into the island. Finally, the series of +filibustering expeditions against Cuba, Mexico, and Central +America were but the wilder and more irresponsible attempts +to secure both slave territory and slaves.</p> +<p><!-- Page 178 --><a name="Page_178" id="Page_178"></a><span class="pagenum">178</span></p> + +<p>87. <b>Increase of the Slave-Trade from 1850 to 1860.</b> The +long and open agitation for the reopening of the slave-trade, +together with the fact that the South had been more or less +familiar with violations of the laws since 1808, led to such a +remarkable increase of illicit traffic and actual importations in +the decade 1850–1860, that the movement may almost be +termed a reopening of the slave-trade.</p> + +<p>In the foreign slave-trade our own officers continue to report +"how shamefully our flag has been used;"<a name="FNanchor_37_673" id="FNanchor_37_673"></a><a href="#Footnote_37_673" class="fnanchor">37</a> and British +officers write "that at least one half of the successful part of +the slave trade is carried on under the American flag," and +this because "the number of American cruisers on the station +is so small, in proportion to the immense extent of the slave-dealing +coast."<a name="FNanchor_38_674" id="FNanchor_38_674"></a><a href="#Footnote_38_674" class="fnanchor">38</a> The fitting out of slavers became a flourishing +business in the United States, and centred at New York City. +"Few of our readers," writes a periodical of the day, "are +aware of the extent to which this infernal traffic is carried on, +by vessels clearing from New York, and in close alliance with +our legitimate trade; and that down-town merchants of +wealth and respectability are extensively engaged in buying +and selling African Negroes, and have been, with comparatively +little interruption, for an indefinite number of years."<a name="FNanchor_39_675" id="FNanchor_39_675"></a><a href="#Footnote_39_675" class="fnanchor">39</a> +Another periodical says: "The number of persons engaged in +the slave-trade, and the amount of capital embarked in it, exceed +our powers of calculation. The city of New York has +been until of late [1862] the principal port of the world for +this infamous commerce; although the cities of Portland and +Boston are only second to her in that distinction. Slave dealers +added largely to the wealth of our commercial metropolis; +they contributed liberally to the treasuries of political organizations, +and their bank accounts were largely depleted to +carry elections in New Jersey, Pennsylvania, and Connecticut."<a name="FNanchor_40_676" id="FNanchor_40_676"></a><a href="#Footnote_40_676" class="fnanchor">40</a> +During eighteen months of the years 1859—1860 eighty-five +slavers are reported to have been fitted out in New Yo<!-- Page 179 --><a name="Page_179" id="Page_179"></a><span class="pagenum">179</span>rk +harbor,<a name="FNanchor_41_677" id="FNanchor_41_677"></a><a href="#Footnote_41_677" class="fnanchor">41</a> and these alone transported from 30,000 to 60,000 +slaves annually.<a name="FNanchor_42_678" id="FNanchor_42_678"></a><a href="#Footnote_42_678" class="fnanchor">42</a> The United States deputy marshal of that +district declared in 1856 that the business of fitting out slavers +"was never prosecuted with greater energy than at present. +The occasional interposition of the legal authorities exercises +no apparent influence for its suppression. It is seldom that +one or more vessels cannot be designated at the wharves, respecting +which there is evidence that she is either in or has +been concerned in the Traffic."<a name="FNanchor_43_679" id="FNanchor_43_679"></a><a href="#Footnote_43_679" class="fnanchor">43</a> On the coast of Africa "it is +a well-known fact that most of the Slave ships which visit the +river are sent from New York and New Orleans."<a name="FNanchor_44_680" id="FNanchor_44_680"></a><a href="#Footnote_44_680" class="fnanchor">44</a></p> + +<p>The absence of United States war-ships at the Brazilian station +enabled American smugglers to run in cargoes, in spite +of the prohibitory law. One cargo of five hundred slaves was +landed in 1852, and the <i>Correio Mercantil</i> regrets "that it was +the flag of the United States which covered this act of piracy, +sustained by citizens of that great nation."<a name="FNanchor_45_681" id="FNanchor_45_681"></a><a href="#Footnote_45_681" class="fnanchor">45</a> When the Brazil +trade declined, the illicit Cuban trade greatly increased, and +the British consul reported: "Almost all the slave expeditions +for some time past have been fitted out in the United States, +chiefly at New York."<a name="FNanchor_46_682" id="FNanchor_46_682"></a><a href="#Footnote_46_682" class="fnanchor">46</a></p> + +<p>88. <b>Notorious Infractions of the Laws.</b> This decade is especially +noteworthy for the great increase of illegal importations +into the South. These became bold, frequent, and +notorious. Systematic introduction on a considerable scale +probably commenced in the forties, although with great secrecy. +"To have boldly ventured into New Orleans, with negroes +freshly imported from Africa, would not only have +brought down upon the head of the importer the vengeance +<!-- Page 180 --><a name="Page_180" id="Page_180"></a><span class="pagenum">180</span>of our very philanthropic Uncle Sam, but also the anathemas +of the whole sect of philanthropists and negrophilists everywhere. +To import them for years, however, into quiet places, +evading with impunity the penalty of the law, and the ranting +of the thin-skinned sympathizers with Africa, was gradually +to popularize the traffic by creating a demand for laborers, +and thus to pave the way for the <i>gradual revival of the slave +trade</i>. To this end, a few men, bold and energetic, determined, +ten or twelve years ago [1848 or 1850], to commence the business +of importing negroes, slowly at first, but surely; and for +this purpose they selected a few secluded places on the coast +of Florida, Georgia and Texas, for the purpose of concealing +their stock until it could be sold out. Without specifying +other places, let me draw your attention to a deep and abrupt +pocket or indentation in the coast of Texas, about thirty miles +from Brazos Santiago. Into this pocket a slaver could run at +any hour of the night, because there was no hindrance at the +entrance, and here she could discharge her cargo of movables +upon the projecting bluff, and again proceed to sea inside of +three hours. The live stock thus landed could be marched a +short distance across the main island, over a porous soil which +refuses to retain the recent foot-prints, until they were again +placed in boats, and were concealed upon some of the innumerable +little islands which thicken on the waters of the Laguna +in the rear. These islands, being covered with a thick +growth of bushes and grass, offer an inscrutable hiding place +for the 'black diamonds.'"<a name="FNanchor_47_683" id="FNanchor_47_683"></a><a href="#Footnote_47_683" class="fnanchor">47</a> These methods became, however, +toward 1860, too slow for the radicals, and the trade grew +more defiant and open. The yacht "Wanderer," arrested on +suspicion in New York and released, landed in Georgia six +months later four hundred and twenty slaves, who were never +recovered.<a name="FNanchor_48_684" id="FNanchor_48_684"></a><a href="#Footnote_48_684" class="fnanchor">48</a> The Augusta <i>Despatch</i> says: "Citizens of our city +are probably interested in the enterprise. It is hinted that this +is the third cargo landed by the same company, during the +last six months."<a name="FNanchor_49_685" id="FNanchor_49_685"></a><a href="#Footnote_49_685" class="fnanchor">49</a> Two parties of Africans were brought into +<!-- Page 181 --><a name="Page_181" id="Page_181"></a><span class="pagenum">181</span>Mobile with impunity. One bark, strongly suspected of having +landed a cargo of slaves, was seized on the Florida coast; +another vessel was reported to be landing slaves near Mobile; +a letter from Jacksonville, Florida, stated that a bark had left +there for Africa to ship a cargo for Florida and Georgia.<a name="FNanchor_50_686" id="FNanchor_50_686"></a><a href="#Footnote_50_686" class="fnanchor">50</a> Stephen +A. Douglas said "that there was not the shadow of +doubt that the Slave-trade had been carried on quite extensively +for a long time back, and that there had been more +Slaves imported into the southern States, during the last year, +than had ever been imported before in any one year, even +when the Slave-trade was legal. It was his confident belief, +that over fifteen thousand Slaves had been brought into this +country during the past year [1859.] He had seen, with his +own eyes, three hundred of those recently-imported, miserable +beings, in a Slave-pen in Vicksburg, Miss., and also large +numbers at Memphis, Tenn."<a name="FNanchor_51_687" id="FNanchor_51_687"></a><a href="#Footnote_51_687" class="fnanchor">51</a> It was currently reported that +depots for these slaves existed in over twenty large cities and +towns in the South, and an interested person boasted to a +senator, about 1860, that "twelve vessels would discharge their +living freight upon our shores within ninety days from the 1st +of June last," and that between sixty and seventy cargoes had +been successfully introduced in the last eighteen months.<a name="FNanchor_52_688" id="FNanchor_52_688"></a><a href="#Footnote_52_688" class="fnanchor">52</a> +The New York <i>Tribune</i> doubted the statement; but John C. +Underwood, formerly of Virginia, wrote to the paper saying +that he was satisfied that the correspondent was correct. "I +have," he said, "had ample evidences of the fact, that reopening +the African Slave-trade is a thing already accomplished, +and the traffic is brisk, and rapidly increasing. In fact, the +most vital question of the day is not the opening of this trade, +but its suppression. The arrival of cargoes of negroes, fresh +from Africa, in our southern ports, is an event of frequent +occurrence."<a name="FNanchor_53_689" id="FNanchor_53_689"></a><a href="#Footnote_53_689" class="fnanchor">53</a></p> +<p><!-- Page 182 --><a name="Page_182" id="Page_182"></a><span class="pagenum">182</span></p> +<p>Negroes, newly landed, were openly advertised for sale in +the public press, and bids for additional importations made. +In reply to one of these, the Mobile <i>Mercury</i> facetiously remarks: +"Some negroes who never learned to talk English, +went up the railroad the other day."<a name="FNanchor_54_690" id="FNanchor_54_690"></a><a href="#Footnote_54_690" class="fnanchor">54</a> Congressmen declared +on the floor of the House: "The slave trade may therefore be +regarded as practically re-established;"<a name="FNanchor_55_691" id="FNanchor_55_691"></a><a href="#Footnote_55_691" class="fnanchor">55</a> and petitions like that +from the American Missionary Society recited the fact that +"this piratical and illegal trade—this inhuman invasion of the +rights of men,—this outrage on civilization and Christianity—this +violation of the laws of God and man—is openly +countenanced and encouraged by a portion of the citizens of +some of the States of this Union."<a name="FNanchor_56_692" id="FNanchor_56_692"></a><a href="#Footnote_56_692" class="fnanchor">56</a></p> + +<p>From such evidence it seems clear that the slave-trade laws, +in spite of the efforts of the government, in spite even of +much opposition to these extra-legal methods in the South +itself, were grossly violated, if not nearly nullified, in the latter +part of the decade 1850–1860.</p> + + +<p>89. <b>Apathy of the Federal Government.</b> During the decade +there was some attempt at reactionary legislation, chiefly +directed at the Treaty of Washington. June 13, 1854, Slidell, +from the Committee on Foreign Relations, made an elaborate +report to the Senate, advocating the abrogation of the 8th +Article of that treaty, on the ground that it was costly, fatal +to the health of the sailors, and useless, as the trade had actually +<!-- Page 183 --><a name="Page_183" id="Page_183"></a><span class="pagenum">183</span>increased under its operation.<a name="FNanchor_57_693" id="FNanchor_57_693"></a><a href="#Footnote_57_693" class="fnanchor">57</a> Both this and a similar +attempt in the House failed,<a name="FNanchor_58_694" id="FNanchor_58_694"></a><a href="#Footnote_58_694" class="fnanchor">58</a> as did also an attempt to substitute +life imprisonment for the death penalty.<a name="FNanchor_59_695" id="FNanchor_59_695"></a><a href="#Footnote_59_695" class="fnanchor">59</a> Most of the +actual legislation naturally took the form of appropriations. +In 1853 there was an attempt to appropriate $20,000.<a name="FNanchor_60_696" id="FNanchor_60_696"></a><a href="#Footnote_60_696" class="fnanchor">60</a> This +failed, and the appropriation of $8,000 in 1856 was the first +for ten years.<a name="FNanchor_61_697" id="FNanchor_61_697"></a><a href="#Footnote_61_697" class="fnanchor">61</a> The following year brought a similar appropriation,<a name="FNanchor_62_698" id="FNanchor_62_698"></a><a href="#Footnote_62_698" class="fnanchor">62</a> +and in 1859<a name="FNanchor_63_699" id="FNanchor_63_699"></a><a href="#Footnote_63_699" class="fnanchor">63</a> and 1860<a name="FNanchor_64_700" id="FNanchor_64_700"></a><a href="#Footnote_64_700" class="fnanchor">64</a> $75,000 and $40,000 respectively +were appropriated. Of attempted legislation +to strengthen the laws there was plenty: e.g., propositions to +regulate the issue of sea-letters and the use of our flag;<a name="FNanchor_65_701" id="FNanchor_65_701"></a><a href="#Footnote_65_701" class="fnanchor">65</a> to +prevent the "coolie" trade, or the bringing in of "apprentices" +or "African laborers;"<a name="FNanchor_66_702" id="FNanchor_66_702"></a><a href="#Footnote_66_702" class="fnanchor">66</a> to stop the coastwise trade;<a name="FNanchor_67_703" id="FNanchor_67_703"></a><a href="#Footnote_67_703" class="fnanchor">67</a> to assent +to a Right of Search;<a name="FNanchor_68_704" id="FNanchor_68_704"></a><a href="#Footnote_68_704" class="fnanchor">68</a> and to amend the Constitution +by forever prohibiting the slave-trade.<a name="FNanchor_69_705" id="FNanchor_69_705"></a><a href="#Footnote_69_705" class="fnanchor">69</a></p> + +<p>The efforts of the executive during this period were criminally +lax and negligent. "The General Government did not<!-- Page 184 --><a name="Page_184" id="Page_184"></a><span class="pagenum">184</span> +exert itself in good faith to carry out either its treaty stipulations +or the legislation of Congress in regard to the matter. +If a vessel was captured, her owners were permitted to bond +her, and thus continue her in the trade; and if any man was +convicted of this form of piracy, the executive always interposed +between him and the penalty of his crime. The laws +providing for the seizure of vessels engaged in the traffic +were so constructed as to render the duty unremunerative; +and marshals now find their fees for such services to be actually +less than their necessary expenses. No one who bears +this fact in mind will be surprised at the great indifference of +these officers to the continuing of the slave-trade; in fact, he +will be ready to learn that the laws of Congress upon the +subject had become a dead letter, and that the suspicion was +well grounded that certain officers of the Federal Government +had actually connived at their violation."<a name="FNanchor_70_706" id="FNanchor_70_706"></a><a href="#Footnote_70_706" class="fnanchor">70</a> From 1845 to +1854, in spite of the well-known activity of the trade, but five +cases obtained cognizance in the New York district. Of +these, Captains Mansfield and Driscoll forfeited their bonds +of $5,000 each, and escaped; in the case of the notorious +Canot, nothing had been done as late as 1856, although he +was arrested in 1847; Captain Jefferson turned State's evidence, +and, in the case of Captain Mathew, a <i>nolle prosequi</i> +was entered.<a name="FNanchor_71_707" id="FNanchor_71_707"></a><a href="#Footnote_71_707" class="fnanchor">71</a> Between 1854 and 1856 thirty-two persons were +indicted in New York, of whom only thirteen had at the latter +date been tried, and only one of these convicted.<a name="FNanchor_72_708" id="FNanchor_72_708"></a><a href="#Footnote_72_708" class="fnanchor">72</a> These +dismissals were seldom on account of insufficient evidence. +In the notorious case of the "Wanderer," she was arrested on +suspicion, released, and soon after she landed a cargo of +slaves in Georgia; some who attempted to seize the Negroes +were arrested for larceny, and in spite of the efforts of Congress +the captain was never punished. The yacht was afterwards +started on another voyage, and being brought back to +Boston was sold to her former owner for about one third +her value.<a name="FNanchor_73_709" id="FNanchor_73_709"></a><a href="#Footnote_73_709" class="fnanchor">73</a> The bark "Emily" was seized on suspicion and +<!-- Page 185 --><a name="Page_185" id="Page_185"></a><span class="pagenum">185</span>released, and finally caught red-handed on the coast of Africa; +she was sent to New York for trial, but "disappeared" +under a certain slave captain, Townsend, who had, previous +to this, in the face of the most convincing evidence, been acquitted +at Key West.<a name="FNanchor_74_710" id="FNanchor_74_710"></a><a href="#Footnote_74_710" class="fnanchor">74</a></p> + +<p>The squadron commanders of this time were by no means +as efficient as their predecessors, and spent much of their +time, apparently, in discussing the Right of Search. Instead +of a number of small light vessels, which by the reports of +experts were repeatedly shown to be the only efficient craft, +the government, until 1859, persisted in sending out three or +four great frigates. Even these did not attend faithfully to +their duties. A letter from on board one of them shows that, +out of a fifteen months' alleged service, only twenty-two days +were spent on the usual cruising-ground for slavers, and thirteen +of these at anchor; eleven months were spent at Madeira +and Cape Verde Islands, 300 miles from the coast and 3,000 +miles from the slave market.<a name="FNanchor_75_711" id="FNanchor_75_711"></a><a href="#Footnote_75_711" class="fnanchor">75</a> British commanders report the +apathy of American officers and the extreme caution of their +instructions, which allowed many slavers to escape.<a name="FNanchor_76_712" id="FNanchor_76_712"></a><a href="#Footnote_76_712" class="fnanchor">76</a></p> + +<p>The officials at Washington often remained in blissful, and +perhaps willing, ignorance of the state of the trade. While +Americans were smuggling slaves by the thousands into Brazil, +and by the hundreds into the United States, Secretary +Graham was recommending the abrogation of the 8th Article +of the Treaty of Washington;<a name="FNanchor_77_713" id="FNanchor_77_713"></a><a href="#Footnote_77_713" class="fnanchor">77</a> so, too, when the Cuban slave-trade +was reaching unprecedented activity, and while slavers +were being fitted out in every port on the Atlantic seaboard, +Secretary Kennedy naïvely reports, "The time has come, perhaps, +when it may be properly commended to the notice of +Congress to inquire into the necessity of further continuing +the regular employment of a squadron on this [i.e., the +African] coast."<a name="FNanchor_78_714" id="FNanchor_78_714"></a><a href="#Footnote_78_714" class="fnanchor">78</a> Again, in 1855, the government has<!-- Page 186 --><a name="Page_186" id="Page_186"></a><span class="pagenum">186</span> "advices +that the slave trade south of the equator is entirely broken +up;"<a name="FNanchor_79_715" id="FNanchor_79_715"></a><a href="#Footnote_79_715" class="fnanchor">79</a> in 1856, the reports are "favorable;"<a name="FNanchor_80_716" id="FNanchor_80_716"></a><a href="#Footnote_80_716" class="fnanchor">80</a> in 1857 a British +commander writes: "No vessel has been seen here for one +year, certainly; I think for nearly three years there have been +no American cruizers on these waters, where a valuable and +extensive American commerce is carried on. I cannot, therefore, +but think that this continued absence of foreign cruizers +looks as if they were intentionally withdrawn, and as if the +Government did not care to take measures to prevent the +American flag being used to cover Slave Trade transactions;"<a name="FNanchor_81_717" id="FNanchor_81_717"></a><a href="#Footnote_81_717" class="fnanchor">81</a> +nevertheless, in this same year, according to Secretary Toucey, +"the force on the coast of Africa has fully accomplished its +main object."<a name="FNanchor_82_718" id="FNanchor_82_718"></a><a href="#Footnote_82_718" class="fnanchor">82</a> Finally, in the same month in which the "Wanderer" +and her mates were openly landing cargoes in the +South, President Buchanan, who seems to have been utterly +devoid of a sense of humor, was urging the annexation of +Cuba to the United States as the only method of suppressing +the slave-trade!<a name="FNanchor_83_719" id="FNanchor_83_719"></a><a href="#Footnote_83_719" class="fnanchor">83</a></p> + +<p>About 1859 the frequent and notorious violations of our +laws aroused even the Buchanan government; a larger appropriation +was obtained, swift light steamers were employed, +and, though we may well doubt whether after such a carnival +illegal importations "entirely" ceased, as the President informed +Congress,<a name="FNanchor_84_720" id="FNanchor_84_720"></a><a href="#Footnote_84_720" class="fnanchor">84</a> yet some sincere efforts at suppression +were certainly begun. From 1850 to 1859 we have few notices +of captured slavers, but in 1860 the increased appropriation of +the thirty-fifth Congress resulted in the capture of twelve vessels +with 3,119 Africans.<a name="FNanchor_85_721" id="FNanchor_85_721"></a><a href="#Footnote_85_721" class="fnanchor">85</a> The Act of June 16, 1860, enabled the<!-- Page 187 --><a name="Page_187" id="Page_187"></a><span class="pagenum">187</span> +President to contract with the Colonization Society for the +return of recaptured Africans; and by a long-needed arrangement +cruisers were to proceed direct to Africa with such cargoes, +instead of first landing them in this country.<a name="FNanchor_86_722" id="FNanchor_86_722"></a><a href="#Footnote_86_722" class="fnanchor">86</a></p> + + +<p>90. <b>Attitude of the Southern Confederacy.</b> The attempt, +initiated by the constitutional fathers, to separate the problem +of slavery from that of the slave-trade had, after a trial of half +a century, signally failed, and for well-defined economic reasons. +The nation had at last come to the parting of the ways, +one of which led to a free-labor system, the other to a slave +system fed by the slave-trade. Both sections of the country +naturally hesitated at the cross-roads: the North clung to the +delusion that a territorially limited system of slavery, without +a slave-trade, was still possible in the South; the South hesitated +to fight for her logical object—slavery and free trade in +Negroes—and, in her moral and economic dilemma, sought +to make autonomy and the Constitution her object. The real +line of contention was, however, fixed by years of development, +and was unalterable by the present whims or wishes of +the contestants, no matter how important or interesting these +might be: the triumph of the North meant free labor; the +triumph of the South meant slavery and the slave-trade.</p> + +<p>It is doubtful if many of the Southern leaders ever deceived +themselves by thinking that Southern slavery, as it then was, +could long be maintained without a general or a partial reopening +of the slave-trade. Many had openly declared this a +few years before, and there was no reason for a change of +opinion. Nevertheless, at the outbreak of actual war and +secession, there were powerful and decisive reasons for relegating +the question temporarily to the rear. In the first place, +only by this means could the adherence of important Border +States be secured, without the aid of which secession was +folly. Secondly, while it did no harm to laud the independence +of the South and the kingship of cotton in "stump" +speeches and conventions, yet, when it came to actual hostilities, +the South sorely needed the aid of Europe; and this a +nation fighting for slavery and the slave-trade stood poor +chance of getting. Consequently, after attacking the slave-trade +<!-- Page 188 --><a name="Page_188" id="Page_188"></a><span class="pagenum">188</span>laws for a decade, and their execution for a quarter-century, +we find the Southern leaders inserting, in both the +provisional and the permanent Constitutions of the Confederate +States, the following article:—</p> + +<p>The importation of negroes of the African race, from any foreign +country other than the slaveholding States or Territories of the +United States of America, is hereby forbidden; and Congress is required +to pass such laws as shall effectually prevent the same.</p> + +<p>Congress shall also have power to prohibit the introduction of +slaves from any State not a member of, or Territory not belonging +to, this Confederacy.<a name="FNanchor_87_723" id="FNanchor_87_723"></a><a href="#Footnote_87_723" class="fnanchor">87</a></p> + +<p>The attitude of the Confederate government toward this +article is best illustrated by its circular of instructions to its +foreign ministers:—</p> + +<div class="blockquot"> +<p>It has been suggested to this Government, from a source of unquestioned +authenticity, that, after the recognition of our independence +by the European Powers, an expectation is generally +entertained by them that in our treaties of amity and commerce a +clause will be introduced making stipulations against the African +slave trade. It is even thought that neutral Powers may be inclined +to insist upon the insertion of such a clause as a <i>sine qua non</i>.</p> +</div> + +<p>You are well aware how firmly fixed in our Constitution is the +policy of this Confederacy against the opening of that trade, but we +are informed that false and insidious suggestions have been made by +the agents of the United States at European Courts of our intention +to change our constitution as soon as peace is restored, and of authorizing +the importation of slaves from Africa. If, therefore, you +should find, in your intercourse with the Cabinet to which you are +accredited, that any such impressions are entertained, you will use +every proper effort to remove them, and if an attempt is made to +introduce into any treaty which you may be charged with negotiating +stipulations on the subject just mentioned, you will assume, in +behalf of your Government, the position which, under the direction +of the President, I now proceed to develop.</p> + +<p>The Constitution of the Confederate States is an agreement made +between independent States. By its terms all the powers of Government +are separated into classes as follows, viz.:—</p> + +<div class="blockquot"> +<p>1st. Such powers as the States delegate to the General Government.</p> +<p><!-- Page 189 --><a name="Page_189" id="Page_189"></a><span class="pagenum">189</span></p> +<p>2d. Such powers as the States agree to refrain from exercising, +although they do not delegate them to the General Government.</p> + +<p>3d. Such powers as the States, without delegating them to the +General Government, thought proper to exercise by direct agreement +between themselves contained in the Constitution.</p> + +<p>4th. All remaining powers of sovereignty, which not being delegated +to the Confederate States by the Constitution nor prohibited +by it to the States, are reserved to the States respectively, or to the +people thereof.... Especially in relation to the importation of African +negroes was it deemed important by the States that no power +to permit it should exist in the Confederate Government.... It +will thus be seen that no power is delegated to the Confederate Government +over this subject, but that it is included in the third class +above referred to, of powers exercised directly by the States.... +This Government unequivocally and absolutely denies its possession +of any power whatever over the subject, and cannot entertain any +proposition in relation to it.... The policy of the Confederacy is +as fixed and immutable on this subject as the imperfection of human +nature permits human resolve to be. No additional agreements, treaties, +or stipulations can commit these States to the prohibition of the +African slave trade with more binding efficacy than those they have +themselves devised. A just and generous confidence in their good +faith on this subject exhibited by friendly Powers will be far more +efficacious than persistent efforts to induce this Government to assume +the exercise of powers which it does not possess.... We +trust, therefore, that no unnecessary discussions on this matter will +be introduced into your negotiations. If, unfortunately, this reliance +should prove ill-founded, you will decline continuing negotiations +on your side, and transfer them to us at home....<a name="FNanchor_88_724" id="FNanchor_88_724"></a><a href="#Footnote_88_724" class="fnanchor">88</a></p> +</div> + +<p>This attitude of the conservative leaders of the South, if it +meant anything, meant that individual State action could, +when it pleased, reopen the slave-trade. The radicals were, of +course, not satisfied with any veiling of the ulterior purpose +of the new slave republic, and attacked the constitutional provision +violently. "If," said one, "the clause be carried into the<!-- Page 190 --><a name="Page_190" id="Page_190"></a><span class="pagenum">190</span> +permanent government, our whole movement is defeated. It +will abolitionize the Border Slave States—it will brand our +institution. Slavery cannot share a government with Democracy,—it +cannot bear a brand upon it; thence another revolution +... having achieved one revolution to escape +democracy at the North, it must still achieve another to escape +it at the South. That it will ultimately triumph none can +doubt."<a name="FNanchor_89_725" id="FNanchor_89_725"></a><a href="#Footnote_89_725" class="fnanchor">89</a></p> + +<p>91. <b>Attitude of the United States.</b> In the North, with all +the hesitation in many matters, there existed unanimity in regard +to the slave-trade; and the new Lincoln government ushered +in the new policy of uncompromising suppression by +hanging the first American slave-trader who ever suffered the +extreme penalty of the law.<a name="FNanchor_90_726" id="FNanchor_90_726"></a><a href="#Footnote_90_726" class="fnanchor">90</a> One of the earliest acts of President +Lincoln was a step which had been necessary since 1808, +but had never been taken, viz., the unification of the whole +work of suppression into the hands of one responsible department. +By an order, dated May 2, 1861, Caleb B. Smith, +Secretary of the Interior, was charged with the execution of +the slave-trade laws,<a name="FNanchor_91_727" id="FNanchor_91_727"></a><a href="#Footnote_91_727" class="fnanchor">91</a> and he immediately began energetic +work. Early in 1861, as soon as the withdrawal of the Southern +members untied the hands of Congress, two appropriations +of $900,000 each were made to suppress the slave trade, the +first appropriations commensurate with the vastness of the +task. These were followed by four appropriations of $17,000 +each in the years 1863 to 1867, and two of $12,500 each in 1868 +and 1869.<a name="FNanchor_92_728" id="FNanchor_92_728"></a><a href="#Footnote_92_728" class="fnanchor">92</a> The first work of the new secretary was to obtain +a corps of efficient assistants. To this end, he assembled all the +marshals of the loyal seaboard States at New York, and gave +them instruction and opportunity to inspect actual slavers. +<!-- Page 191 --><a name="Page_191" id="Page_191"></a><span class="pagenum">191</span>Congress also, for the first time, offered them proper compensation.<a name="FNanchor_93_729" id="FNanchor_93_729"></a><a href="#Footnote_93_729" class="fnanchor">93</a> +The next six months showed the effect of this policy +in the fact that five vessels were seized and condemned, +and four slave-traders were convicted and suffered the penalty +of their crimes. "This is probably the largest number [of convictions] +ever obtained, and certainly the only ones for many +years."<a name="FNanchor_94_730" id="FNanchor_94_730"></a><a href="#Footnote_94_730" class="fnanchor">94</a></p> + +<p>Meantime the government opened negotiations with Great +Britain, and the treaty of 1862 was signed June 7, and carried +out by Act of Congress, July 11.<a name="FNanchor_95_731" id="FNanchor_95_731"></a><a href="#Footnote_95_731" class="fnanchor">95</a> Specially commissioned war +vessels of either government were by this agreement authorized +to search merchant vessels on the high seas and specified +coasts, and if they were found to be slavers, or, on account of +their construction or equipment, were suspected to be such, +they were to be sent for condemnation to one of the mixed +courts established at New York, Sierra Leone, and the Cape +of Good Hope. These courts, consisting of one judge and one +arbitrator on the part of each government, were to judge the +facts without appeal, and upon condemnation by them, the +culprits were to be punished according to the laws of their +respective countries. The area in which this Right of Search +could be exercised was somewhat enlarged by an additional +article to the treaty, signed in 1863. In 1870 the mixed courts +were abolished, but the main part of the treaty was left in +force. The Act of July 17, 1862, enabled the President to contract +with foreign governments for the apprenticing of recaptured +Africans in the West Indies,<a name="FNanchor_96_732" id="FNanchor_96_732"></a><a href="#Footnote_96_732" class="fnanchor">96</a> and in 1864 the coastwise +slave-trade was forever prohibited.<a name="FNanchor_97_733" id="FNanchor_97_733"></a><a href="#Footnote_97_733" class="fnanchor">97</a> By these measures the +trade was soon checked, and before the end of the war entirely +suppressed.<a name="FNanchor_98_734" id="FNanchor_98_734"></a><a href="#Footnote_98_734" class="fnanchor">98</a> The vigilance of the government, however, +was not checked, and as late as 1866 a squadron of ten ships, +with one hundred and thirteen guns, patrolled the slave +<!-- Page 192 --><a name="Page_192" id="Page_192"></a><span class="pagenum">192</span>coast.<a name="FNanchor_99_735" id="FNanchor_99_735"></a><a href="#Footnote_99_735" class="fnanchor">99</a> Finally, the Thirteenth Amendment legally confirmed +what the war had already accomplished, and slavery and the +slave-trade fell at one blow.<a name="FNanchor_100_736" id="FNanchor_100_736"></a><a href="#Footnote_100_736" class="fnanchor">100</a></p> + +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_637" id="Footnote_1_637"></a><a href="#FNanchor_1_637"><span class="label">1</span></a> <i>British and Foreign State Papers</i>, 1854–5, p. 1156.</p></div> + +<div class="footnote"><p><a name="Footnote_2_638" id="Footnote_2_638"></a><a href="#FNanchor_2_638"><span class="label">2</span></a> Cluskey, <i>Political Text-Book</i> (14th ed.), p. 585.</p></div> + +<div class="footnote"><p><a name="Footnote_3_639" id="Footnote_3_639"></a><a href="#FNanchor_3_639"><span class="label">3</span></a> <i>De Bow's Review</i>, XXII. 223; quoted from Andrew Hunter of Virginia.</p></div> + +<div class="footnote"><p><a name="Footnote_4_640" id="Footnote_4_640"></a><a href="#FNanchor_4_640"><span class="label">4</span></a> <i>Ibid.</i>, XVIII. 628.</p></div> + +<div class="footnote"><p><a name="Footnote_5_641" id="Footnote_5_641"></a><a href="#FNanchor_5_641"><span class="label">5</span></a> <i>Ibid.</i>, XXII. 91, 102, 217, 221–2.</p></div> + +<div class="footnote"><p><a name="Footnote_6_642" id="Footnote_6_642"></a><a href="#FNanchor_6_642"><span class="label">6</span></a> From a pamphlet entitled "A New Southern Policy, or the Slave Trade as +meaning Union and Conservatism;" quoted in Etheridge's speech, Feb. 21, +1857: <i>Congressional Globe</i>, 34 Cong. 3 sess., Appendix, p. 366.</p></div> + +<div class="footnote"><p><a name="Footnote_7_643" id="Footnote_7_643"></a><a href="#FNanchor_7_643"><span class="label">7</span></a> <i>De Bow's Review</i>, XXIII. 298–320. A motion to table the motion on the +8th article was supported only by Kentucky, Tennessee, North Carolina, and +Maryland. Those voting for Sneed's motion were Georgia, Maryland, North +Carolina, and Tennessee. The appointment of a slave-trade committee was at +first defeated by a vote of 48 to 44. Finally a similar motion was passed, 52 +to 40.</p></div> + +<div class="footnote"><p><a name="Footnote_8_644" id="Footnote_8_644"></a><a href="#FNanchor_8_644"><span class="label">8</span></a> <i>De Bow's Review</i>, XXIV. 473–491, 579–605. The Louisiana delegation +alone did not vote for the last resolution, the vote of her delegation being +evenly divided.</p></div> + +<div class="footnote"><p><a name="Footnote_9_645" id="Footnote_9_645"></a><a href="#FNanchor_9_645"><span class="label">9</span></a> <i>De Bow's Review</i>, XXVII. 94–235.</p></div> + +<div class="footnote"><p><a name="Footnote_10_646" id="Footnote_10_646"></a><a href="#FNanchor_10_646"><span class="label">10</span></a> H.S. Foote, in <i>Bench and Bar of the South and Southwest</i>, p. 69.</p></div> + +<div class="footnote"><p><a name="Footnote_11_647" id="Footnote_11_647"></a><a href="#FNanchor_11_647"><span class="label">11</span></a> <i>De Bow's Review</i>, XXVII. 115.</p></div> + +<div class="footnote"><p><a name="Footnote_12_648" id="Footnote_12_648"></a><a href="#FNanchor_12_648"><span class="label">12</span></a> <i>Ibid.</i>, p. 99. The vote was:— +</p> +<table summary=""> +<tr><td align="center" colspan="3"><i>Yea.</i></td><td align="center" colspan="3"><i>Nay.</i></td></tr> +<tr><td align="left">Alabama,</td><td align="right">5</td><td align="center">votes.</td> +<td align="left">Tennessee,</td><td align="right">12</td><td align="center">votes.</td></tr> +<tr><td align="left">Arkansas,</td><td align="right">4</td><td align="center">"</td><td align="left">Florida,</td><td align="right">3</td><td align="center">"</td></tr> +<tr><td align="left">South Carolina,</td><td align="right">4</td><td align="center">"</td><td align="left">South Carolina,</td><td align="right">4</td><td align="center">"</td></tr> +<tr><td align="left">Louisiana,</td><td align="right">6</td><td align="center">"</td><td align="left">Total</td><td align="right">19</td></tr> +<tr><td align="left">Texas,</td><td align="right">4</td><td align="center">"</td></tr> +<tr><td align="left">Georgia,</td><td align="right">10</td><td align="center">"</td><td align="left" rowspan="2" colspan="3"> Virginia, Maryland, Kentucky, <br />and North Carolina did not vote;<br />they either withdrew or were not represented.</td></tr> +<tr><td align="left">Mississippi,</td><td align="right">7</td><td align="center">"</td></tr> +<tr><td align="left">Total</td><td align="right">40</td></tr> +</table> +</div> + +<div class="footnote"><p><a name="Footnote_13_649" id="Footnote_13_649"></a><a href="#FNanchor_13_649"><span class="label">13</span></a> Quoted in <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 38. The official organ +was the <i>True Southron</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_14_650" id="Footnote_14_650"></a><a href="#FNanchor_14_650"><span class="label">14</span></a> Quoted in <i>24th Report of the Amer. Anti-slav. Soc.</i>, p. 54.</p></div> + +<div class="footnote"><p><a name="Footnote_15_651" id="Footnote_15_651"></a><a href="#FNanchor_15_651"><span class="label">15</span></a> Quoted in <i>26th Report</i>, <i>Ibid.</i>, p. 43.</p></div> + +<div class="footnote"><p><a name="Footnote_16_652" id="Footnote_16_652"></a><a href="#FNanchor_16_652"><span class="label">16</span></a> <i>27th Report</i>, <i>Ibid.</i>, pp. 19–20.</p></div> + +<div class="footnote"><p><a name="Footnote_17_653" id="Footnote_17_653"></a><a href="#FNanchor_17_653"><span class="label">17</span></a> Letter of W.C. Preston, in the <i>National Intelligencer</i>, April 3, 1863. Also +published in the pamphlet, <i>The African Slave Trade: The Secret Purpose</i>, etc., +p. 26.</p></div> + +<div class="footnote"><p><a name="Footnote_18_654" id="Footnote_18_654"></a><a href="#FNanchor_18_654"><span class="label">18</span></a> Quoted in Etheridge's speech: <i>Congressional Globe</i>, 34 Cong. 3 sess. Appen., +p. 366.</p></div> + +<div class="footnote"><p><a name="Footnote_19_655" id="Footnote_19_655"></a><a href="#FNanchor_19_655"><span class="label">19</span></a> <i>House Journal</i>, 34 Cong. 3 sess. pp. 105–10; <i>Congressional Globe</i>, 34 Cong. +3 sess. pp. 123–6; Cluskey, <i>Political Text-Book</i> (14th ed.), p. 589.</p></div> + +<div class="footnote"><p><a name="Footnote_20_656" id="Footnote_20_656"></a><a href="#FNanchor_20_656"><span class="label">20</span></a> <i>House Journal</i>, 35 Cong. 2 sess. pp. 298–9. Cf. <i>26th Report of the Amer. +Anti-slav. Soc.</i>, p. 45.</p></div> + +<div class="footnote"><p><a name="Footnote_21_657" id="Footnote_21_657"></a><a href="#FNanchor_21_657"><span class="label">21</span></a> Cf. <i>Reports of the Amer. Anti-slav. Soc.</i>, especially the 26th, pp. 43–4.</p></div> + +<div class="footnote"><p><a name="Footnote_22_658" id="Footnote_22_658"></a><a href="#FNanchor_22_658"><span class="label">22</span></a> <i>Ibid.</i>, p. 43. He referred especially to the Treaty of 1842.</p></div> + +<div class="footnote"><p><a name="Footnote_23_659" id="Footnote_23_659"></a><a href="#FNanchor_23_659"><span class="label">23</span></a> <i>Ibid.</i>; <i>Congressional Globe</i>, 35 Cong. 2 sess., Appen., pp. 248–50.</p></div> + +<div class="footnote"><p><a name="Footnote_24_660" id="Footnote_24_660"></a><a href="#FNanchor_24_660"><span class="label">24</span></a> <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 44.</p></div> + +<div class="footnote"><p><a name="Footnote_25_661" id="Footnote_25_661"></a><a href="#FNanchor_25_661"><span class="label">25</span></a> <i>Ibid.</i>; <i>27th Report</i>, pp. 13–4.</p></div> + +<div class="footnote"><p><a name="Footnote_26_662" id="Footnote_26_662"></a><a href="#FNanchor_26_662"><span class="label">26</span></a> <i>26th Report</i>, <i>Ibid.</i>, p. 44.</p></div> + +<div class="footnote"><p><a name="Footnote_27_663" id="Footnote_27_663"></a><a href="#FNanchor_27_663"><span class="label">27</span></a> Quoted in Lalor, <i>Cyclopædia</i>, III. 733; Cairnes, <i>The Slave Power</i> (New York, +1862), p. 123, note; <i>27th Report of the Amer. Anti-slav. Soc.</i>, p. 15.</p></div> + +<div class="footnote"><p><a name="Footnote_28_664" id="Footnote_28_664"></a><a href="#FNanchor_28_664"><span class="label">28</span></a> Quoted in Cairnes, <i>The Slave Power</i>, p. 123, note; <i>27th Report of the Amer. +Anti-slav. Soc.</i>, p. 19.</p></div> + +<div class="footnote"><p><a name="Footnote_29_665" id="Footnote_29_665"></a><a href="#FNanchor_29_665"><span class="label">29</span></a> <i>27th Report</i>, <i>Ibid.</i>, p. 16; quoted from the Mobile <i>Register</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_30_666" id="Footnote_30_666"></a><a href="#FNanchor_30_666"><span class="label">30</span></a> Edition of 1859, pp. 63–4.</p></div> + +<div class="footnote"><p><a name="Footnote_31_667" id="Footnote_31_667"></a><a href="#FNanchor_31_667"><span class="label">31</span></a> <i>De Bow's Review</i>, XXVII. 121, 231–5.</p></div> + +<div class="footnote"><p><a name="Footnote_32_668" id="Footnote_32_668"></a><a href="#FNanchor_32_668"><span class="label">32</span></a> <i>Report of the Special Committee</i>, etc. (1857), pp. 24–5.</p></div> + +<div class="footnote"><p><a name="Footnote_33_669" id="Footnote_33_669"></a><a href="#FNanchor_33_669"><span class="label">33</span></a> <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 40. The vote was 47 to 46.</p></div> + +<div class="footnote"><p><a name="Footnote_34_670" id="Footnote_34_670"></a><a href="#FNanchor_34_670"><span class="label">34</span></a> <i>House Exec. Doc.</i>, 36 Cong. 2 sess. IV. No. 7, pp. 632–6. For the State law, +cf. above, Chapter II. This refusal of Cobb's was sharply criticised by many +Southern papers. Cf. <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 39.</p></div> + +<div class="footnote"><p><a name="Footnote_35_671" id="Footnote_35_671"></a><a href="#FNanchor_35_671"><span class="label">35</span></a> New York <i>Independent</i>, March 11 and April 1, 1858.</p></div> + +<div class="footnote"><p><a name="Footnote_36_672" id="Footnote_36_672"></a><a href="#FNanchor_36_672"><span class="label">36</span></a> <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 41.</p></div> + +<div class="footnote"><p><a name="Footnote_37_673" id="Footnote_37_673"></a><a href="#FNanchor_37_673"><span class="label">37</span></a> Gregory to the Secretary of the Navy, June 8, 1850: <i>Senate Exec. Doc.</i>, 31 +Cong. 1 sess. XIV. No. 66, p. 2. Cf. <i>Ibid.</i>, 31 Cong. 2 sess. II. No. 6.</p></div> + +<div class="footnote"><p><a name="Footnote_38_674" id="Footnote_38_674"></a><a href="#FNanchor_38_674"><span class="label">38</span></a> Cumming to Commodore Fanshawe, Feb. 22, 1850: <i>Senate Exec. Doc.</i>, 31 +Cong. 1 sess. XIV. No. 66, p. 8.</p></div> + +<div class="footnote"><p><a name="Footnote_39_675" id="Footnote_39_675"></a><a href="#FNanchor_39_675"><span class="label">39</span></a> New York <i>Journal of Commerce</i>, 1857; quoted in <i>24th Report of the Amer. +Anti-slav. Soc.</i>, p. 56.</p></div> + +<div class="footnote"><p><a name="Footnote_40_676" id="Footnote_40_676"></a><a href="#FNanchor_40_676"><span class="label">40</span></a> "The Slave-Trade in New York," in the <i>Continental Monthly</i>, January, +1862, p. 87.</p></div> + +<div class="footnote"><p><a name="Footnote_41_677" id="Footnote_41_677"></a><a href="#FNanchor_41_677"><span class="label">41</span></a> New York <i>Evening Post</i>; quoted in Lalor, <i>Cyclopædia</i>, III. 733.</p></div> + +<div class="footnote"><p><a name="Footnote_42_678" id="Footnote_42_678"></a><a href="#FNanchor_42_678"><span class="label">42</span></a> Lalor, <i>Cyclopædia</i>, III. 733; quoted from a New York paper.</p></div> + +<div class="footnote"><p><a name="Footnote_43_679" id="Footnote_43_679"></a><a href="#FNanchor_43_679"><span class="label">43</span></a> <i>Friends' Appeal on behalf of the Coloured Races</i> (1858), Appendix, p. 41; +quoted from the <i>Journal of Commerce</i>.</p></div> + +<div class="footnote"><p><a name="Footnote_44_680" id="Footnote_44_680"></a><a href="#FNanchor_44_680"><span class="label">44</span></a> <i>26th Report of the Amer. Anti-slav. Soc.</i>, pp. 53–4; quoted from the African +correspondent of the Boston <i>Journal</i>. From April, 1857, to May, 1858, twenty-one +of twenty-two slavers which were seized by British cruisers proved to be +American, from New York, Boston, and New Orleans. Cf. <i>25th Report</i>, <i>Ibid.</i>, +p. 122. De Bow estimated in 1856 that forty slavers cleared annually from +Eastern harbors, clearing yearly $17,000,000: <i>De Bow's Review</i>, XXII. 430–1.</p></div> + +<div class="footnote"><p><a name="Footnote_45_681" id="Footnote_45_681"></a><a href="#FNanchor_45_681"><span class="label">45</span></a> <i>Senate Exec. Doc.</i>, 33 Cong. 1 sess. VIII. No. 47, p. 13.</p></div> + +<div class="footnote"><p><a name="Footnote_46_682" id="Footnote_46_682"></a><a href="#FNanchor_46_682"><span class="label">46</span></a> <i>House Exec. Doc.</i>, 34 Cong. 1 sess. XII. No. 105, p. 38.</p></div> + +<div class="footnote"><p><a name="Footnote_47_683" id="Footnote_47_683"></a><a href="#FNanchor_47_683"><span class="label">47</span></a> New York <i>Herald</i>, Aug. 5, 1860; quoted in Drake, <i>Revelations of a Slave +Smuggler</i>, Introd., pp. vii.-viii.</p></div> + +<div class="footnote"><p><a name="Footnote_48_684" id="Footnote_48_684"></a><a href="#FNanchor_48_684"><span class="label">48</span></a> <i>House Exec. Doc.</i>, 35 Cong. 2 sess. IX. No. 89. Cf. <i>26th Report of the Amer. +Anti-slav. Soc.</i>, pp. 45–9.</p></div> + +<div class="footnote"><p><a name="Footnote_49_685" id="Footnote_49_685"></a><a href="#FNanchor_49_685"><span class="label">49</span></a> Quoted in <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 46.</p></div> + +<div class="footnote"><p><a name="Footnote_50_686" id="Footnote_50_686"></a><a href="#FNanchor_50_686"><span class="label">50</span></a> For all the above cases, cf. <i>Ibid.</i>, p. 49.</p></div> + +<div class="footnote"><p><a name="Footnote_51_687" id="Footnote_51_687"></a><a href="#FNanchor_51_687"><span class="label">51</span></a> Quoted in <i>27th Report</i>, <i>Ibid.</i>, p. 20. Cf. <i>Report of the Secretary of the Navy</i>, +1859; <i>Senate Exec. Doc.</i>, 36 Cong. 1 sess. III. No. 2.</p></div> + +<div class="footnote"><p><a name="Footnote_52_688" id="Footnote_52_688"></a><a href="#FNanchor_52_688"><span class="label">52</span></a> <i>27th Report of the Amer. Anti-slav. Soc.</i>, p. 21.</p></div> + +<div class="footnote"><p><a name="Footnote_53_689" id="Footnote_53_689"></a><a href="#FNanchor_53_689"><span class="label">53</span></a> Quoted in <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote_54_690" id="Footnote_54_690"></a><a href="#FNanchor_54_690"><span class="label">54</span></a> Issue of July 22, 1860; quoted in Drake, <i>Revelations of a Slave Smuggler</i>, +Introd., p. vi. The advertisement referred to was addressed to the "Ship-owners +and Masters of our Mercantile Marine," and appeared in the Enterprise +(Miss.) <i>Weekly News</i>, April 14, 1859. William S. Price and seventeen +others state that they will "pay three hundred dollars per head for one thousand +native Africans, between the ages of fourteen and twenty years, (of sexes +equal,) likely, sound, and healthy, to be delivered within twelve months from +this date, at some point accessible by land, between Pensacola, Fla., and Galveston, +Texas; the contractors giving thirty days' notice as to time and place +of delivery": Quoted in <i>26th Report of the Amer. Anti-slav. Soc.</i>, pp. 41–2.</p></div> + +<div class="footnote"><p><a name="Footnote_55_691" id="Footnote_55_691"></a><a href="#FNanchor_55_691"><span class="label">55</span></a> <i>Congressional Globe</i>, 35 Cong. 1 sess. p. 1362. Cf. the speech of a delegate +from Georgia to the Democratic Convention at Charleston, 1860: "If any of +you northern democrats will go home with me to my plantation, I will show +you some darkies that I bought in Virginia, some in Delaware, some in Florida, +and I will also show you the pure African, the noblest Roman of them +all. I represent the African slave trade interest of my section:" Lalor, +<i>Cyclopædia</i>, III. 733.</p></div> + +<div class="footnote"><p><a name="Footnote_56_692" id="Footnote_56_692"></a><a href="#FNanchor_56_692"><span class="label">56</span></a> <i>Senate Misc. Doc.</i>, 36 Cong. 1 sess. No. 8.</p></div> + +<div class="footnote"><p><a name="Footnote_57_693" id="Footnote_57_693"></a><a href="#FNanchor_57_693"><span class="label">57</span></a> <i>Senate Journal</i>, 34 Cong. 1–2 sess. pp. 396, 695–8; <i>Senate Reports</i>, 34 +Cong. 1 sess. I. No. 195.</p></div> + +<div class="footnote"><p><a name="Footnote_58_694" id="Footnote_58_694"></a><a href="#FNanchor_58_694"><span class="label">58</span></a> <i>House Journal</i>, 31 Cong. 2 sess. p. 64. There was still another attempt by +Sandidge. Cf. <i>26th Report of the Amer. Anti-Slav. Soc.</i>, p. 44.</p></div> + +<div class="footnote"><p><a name="Footnote_59_695" id="Footnote_59_695"></a><a href="#FNanchor_59_695"><span class="label">59</span></a> <i>Senate Journal</i>, 36 Cong. 1 sess. p. 274; <i>Congressional Globe</i>, 36 Cong. 1 +sess. p. 1245.</p></div> + +<div class="footnote"><p><a name="Footnote_60_696" id="Footnote_60_696"></a><a href="#FNanchor_60_696"><span class="label">60</span></a> Congressional Globe, 32 Cong. 2 sess. p. 1072.</p></div> + +<div class="footnote"><p><a name="Footnote_61_697" id="Footnote_61_697"></a><a href="#FNanchor_61_697"><span class="label">61</span></a> I.e., since 1846: <i>Statutes at Large</i>, XI. 90.</p></div> + +<div class="footnote"><p><a name="Footnote_62_698" id="Footnote_62_698"></a><a href="#FNanchor_62_698"><span class="label">62</span></a> <i>Ibid.</i>, XI. 227.</p></div> + +<div class="footnote"><p><a name="Footnote_63_699" id="Footnote_63_699"></a><a href="#FNanchor_63_699"><span class="label">63</span></a> <i>Ibid.</i>, XI. 404.</p></div> + +<div class="footnote"><p><a name="Footnote_64_700" id="Footnote_64_700"></a><a href="#FNanchor_64_700"><span class="label">64</span></a> <i>Ibid.</i>, XII. 21.</p></div> + +<div class="footnote"><p><a name="Footnote_65_701" id="Footnote_65_701"></a><a href="#FNanchor_65_701"><span class="label">65</span></a> E.g., Clay's resolutions: <i>Congressional Globe</i>, 31 Cong. 2 sess. pp. 304–9. +Clayton's resolutions: <i>Senate Journal</i>, 33 Cong. 1 sess. p. 404; <i>House Journal</i>, +33 Cong. 1 sess. pp. 1093, 1332–3; <i>Congressional Globe</i>, 33 Cong. 1 sess. pp. +1591–3, 2139. Seward's bill: <i>Senate Journal</i>, 33 Cong. 1 sess. pp. 448, 451.</p></div> + +<div class="footnote"><p><a name="Footnote_66_702" id="Footnote_66_702"></a><a href="#FNanchor_66_702"><span class="label">66</span></a> Mr. Blair of Missouri asked unanimous consent in Congress, Dec. 23, +1858, to a resolution instructing the Judiciary Committee to bring in such a +bill; Houston of Alabama objected: <i>Congressional Globe</i>, 35 Cong. 2 sess. p. +198; <i>26th Report of the Amer. Anti-slav. Soc.</i>, p. 44.</p></div> + +<div class="footnote"><p><a name="Footnote_67_703" id="Footnote_67_703"></a><a href="#FNanchor_67_703"><span class="label">67</span></a> This was the object of attack in 1851 and 1853 by Giddings: <i>House Journal</i>, +32 Cong. 1 sess. p. 42; 33 Cong. 1 sess. p. 147. Cf. <i>House Journal</i>, 38 Cong. 1 +sess. p. 46.</p></div> + +<div class="footnote"><p><a name="Footnote_68_704" id="Footnote_68_704"></a><a href="#FNanchor_68_704"><span class="label">68</span></a> By Mr. Wilson, March 20, 1860: <i>Senate Journal</i>, 36 Cong. 1 sess. p. 274.</p></div> + +<div class="footnote"><p><a name="Footnote_69_705" id="Footnote_69_705"></a><a href="#FNanchor_69_705"><span class="label">69</span></a> Four or five such attempts were made: Dec. 12, 1860, <i>House Journal</i>, 36 +Cong. 2 sess. pp. 61–2; Jan. 7, 1861, <i>Congressional Globe</i>, 36 Cong. 2 sess. +p. 279; Jan. 23, 1861, <i>Ibid.</i>, p. 527; Feb. 1, 1861, <i>Ibid.</i>, p. 690; Feb. 27, 1861, +<i>Ibid.</i>, pp. 1243, 1259.</p></div> + +<div class="footnote"><p><a name="Footnote_70_706" id="Footnote_70_706"></a><a href="#FNanchor_70_706"><span class="label">70</span></a> "The Slave-Trade in New York," in the <i>Continental Monthly</i>, January, +1862, p. 87.</p></div> + +<div class="footnote"><p><a name="Footnote_71_707" id="Footnote_71_707"></a><a href="#FNanchor_71_707"><span class="label">71</span></a> New York <i>Herald</i>, July 14, 1856.</p></div> + +<div class="footnote"><p><a name="Footnote_72_708" id="Footnote_72_708"></a><a href="#FNanchor_72_708"><span class="label">72</span></a> <i>Ibid.</i> Cf. <i>Senate Exec. Doc.</i>, 37 Cong. 2 sess. V. No. 53.</p></div> + +<div class="footnote"><p><a name="Footnote_73_709" id="Footnote_73_709"></a><a href="#FNanchor_73_709"><span class="label">73</span></a> <i>27th Report of the Amer. Anti-slav. Soc.</i>, pp. 25–6. Cf. <i>26th Report</i>, <i>Ibid.</i>, +pp. 45–9.</p></div> + +<div class="footnote"><p><a name="Footnote_74_710" id="Footnote_74_710"></a><a href="#FNanchor_74_710"><span class="label">74</span></a> <i>27th Report</i>, <i>Ibid.</i>, pp. 26–7.</p></div> + +<div class="footnote"><p><a name="Footnote_75_711" id="Footnote_75_711"></a><a href="#FNanchor_75_711"><span class="label">75</span></a> <i>26th Report</i>, <i>Ibid.</i>, p. 54.</p></div> + +<div class="footnote"><p><a name="Footnote_76_712" id="Footnote_76_712"></a><a href="#FNanchor_76_712"><span class="label">76</span></a> <i>British and Foreign State Papers</i>, 1859–60, pp. 899, 973.</p></div> + +<div class="footnote"><p><a name="Footnote_77_713" id="Footnote_77_713"></a><a href="#FNanchor_77_713"><span class="label">77</span></a> Nov. 29, 1851: <i>House Exec. Doc.</i>, 32 Cong. 1 sess. II. pt. 2, No. 2, p. 4.</p></div> + +<div class="footnote"><p><a name="Footnote_78_714" id="Footnote_78_714"></a><a href="#FNanchor_78_714"><span class="label">78</span></a> Dec. 4, 1852: <i>House Exec. Doc.</i>, 32 Cong. 2 sess. I. pt. 2, No. 1, p. 293.</p></div> + +<div class="footnote"><p><a name="Footnote_79_715" id="Footnote_79_715"></a><a href="#FNanchor_79_715"><span class="label">79</span></a> <i>Ibid.</i>, 34 Cong. 1 sess. I. pt. 3, No. 1, p. 5.</p></div> + +<div class="footnote"><p><a name="Footnote_80_716" id="Footnote_80_716"></a><a href="#FNanchor_80_716"><span class="label">80</span></a> <i>Ibid.</i>, 34 Cong. 3 sess. I. pt. 2, No. 1, p. 407.</p></div> + +<div class="footnote"><p><a name="Footnote_81_717" id="Footnote_81_717"></a><a href="#FNanchor_81_717"><span class="label">81</span></a> Commander Burgess to Commodore Wise, Whydah, Aug. 12, 1857: <i>Parliamentary +Papers</i>, 1857–8, vol. LXI. <i>Slave Trade</i>, Class A, p. 136.</p></div> + +<div class="footnote"><p><a name="Footnote_82_718" id="Footnote_82_718"></a><a href="#FNanchor_82_718"><span class="label">82</span></a> <i>House Exec. Doc.</i>, 35 Cong. 1 sess. II. pt. 3, No. 2, p. 576.</p></div> + +<div class="footnote"><p><a name="Footnote_83_719" id="Footnote_83_719"></a><a href="#FNanchor_83_719"><span class="label">83</span></a> <i>Ibid.</i>, 35 Cong. 2 sess. II. pt. 1, No. 2, pp. 14–15, 31–33.</p></div> + +<div class="footnote"><p><a name="Footnote_84_720" id="Footnote_84_720"></a><a href="#FNanchor_84_720"><span class="label">84</span></a> <i>Senate Exec. Doc.</i>, 36 Cong. 2 sess. I. No. 1, p. 24. The Report of the +Secretary of the Navy, 1859, contains this ambiguous passage: "What the effect +of breaking up the trade will be upon the United States or Cuba it is not +necessary to inquire; certainly, under the laws of Congress and our treaty +obligations, it is the duty of the executive government to see that our citizens +shall not be engaged in it": <i>Ibid.</i>, 36 Cong. 1 sess. III. No. 2, pp. 1138–9.</p></div> + +<div class="footnote"><p><a name="Footnote_85_721" id="Footnote_85_721"></a><a href="#FNanchor_85_721"><span class="label">85</span></a> <i>Senate Exec. Doc.</i>, 36 Cong. 2 sess. III. pt. 1, No. 1, pp. 8–9.</p></div> + +<div class="footnote"><p><a name="Footnote_86_722" id="Footnote_86_722"></a><a href="#FNanchor_86_722"><span class="label">86</span></a> <i>Statutes at Large</i>, XII. 40.</p></div> + +<div class="footnote"><p><a name="Footnote_87_723" id="Footnote_87_723"></a><a href="#FNanchor_87_723"><span class="label">87</span></a> <i>Confederate States of America Statutes at Large</i>, 1861, p. 15, Constitution, +Art. 1, sect. 9, §§ 1, 2.</p></div> + +<div class="footnote"><p><a name="Footnote_88_724" id="Footnote_88_724"></a><a href="#FNanchor_88_724"><span class="label">88</span></a> From an intercepted circular despatch from J.P. Benjamin, "Secretary of +State," addressed in this particular instance to Hon. L.Q.C. Lamar, "Commissioner, +etc., St. Petersburg, Russia," and dated Richmond, Jan. 15, 1863; +published in the <i>National Intelligencer</i>, March 31, 1863; cf. also the issues of +Feb. 19, 1861, April 2, 3, 25, 1863; also published in the pamphlet, <i>The African +Slave-Trade: The Secret Purpose</i>, etc. The editors vouch for its authenticity, +and state it to be in Benjamin's own handwriting.</p></div> + +<div class="footnote"><p><a name="Footnote_89_725" id="Footnote_89_725"></a><a href="#FNanchor_89_725"><span class="label">89</span></a> L.W. Spratt of South Carolina, in the <i>Southern Literary Messenger</i>, June, +1861, XXXII. 414, 420. Cf. also the Charleston <i>Mercury</i>, Feb. 13, 1861, and the +<i>National Intelligencer</i>, Feb. 19, 1861.</p></div> + +<div class="footnote"><p><a name="Footnote_90_726" id="Footnote_90_726"></a><a href="#FNanchor_90_726"><span class="label">90</span></a> Captain Gordon of the slaver "Erie;" condemned in the U.S. District +Court for Southern New York in 1862. Cf. <i>Senate Exec. Doc.</i>, 37 Cong. 2 sess. +I. No. 1, p. 13.</p></div> + +<div class="footnote"><p><a name="Footnote_91_727" id="Footnote_91_727"></a><a href="#FNanchor_91_727"><span class="label">91</span></a> <i>Ibid.</i>, pp. 453–4.</p></div> + +<div class="footnote"><p><a name="Footnote_92_728" id="Footnote_92_728"></a><a href="#FNanchor_92_728"><span class="label">92</span></a> <i>Statutes at Large</i>, XII. 132, 219, 639; XIII. 424; XIV. 226, 415; XV. 58, 321. +The sum of $250,000 was also appropriated to return the slaves on the +"Wildfire": <i>Ibid.</i>, XII. 40–41.</p></div> + +<div class="footnote"><p><a name="Footnote_93_729" id="Footnote_93_729"></a><a href="#FNanchor_93_729"><span class="label">93</span></a> <i>Statutes at Large</i>, XII. 368–9.</p></div> + +<div class="footnote"><p><a name="Footnote_94_730" id="Footnote_94_730"></a><a href="#FNanchor_94_730"><span class="label">94</span></a> <i>Senate Exec. Doc.</i>, 37 Cong. 2 sess. I. No. 1, pp. 453–4.</p></div> + +<div class="footnote"><p><a name="Footnote_95_731" id="Footnote_95_731"></a><a href="#FNanchor_95_731"><span class="label">95</span></a> <i>Statutes at Large</i>, XII. 531.</p></div> + +<div class="footnote"><p><a name="Footnote_96_732" id="Footnote_96_732"></a><a href="#FNanchor_96_732"><span class="label">96</span></a> For a time not exceeding five years: <i>Ibid.</i>, pp. 592–3.</p></div> + +<div class="footnote"><p><a name="Footnote_97_733" id="Footnote_97_733"></a><a href="#FNanchor_97_733"><span class="label">97</span></a> By section 9 of an appropriation act for civil expenses, July 2, 1864: <i>Ibid.</i>, +XIII. 353.</p></div> + +<div class="footnote"><p><a name="Footnote_98_734" id="Footnote_98_734"></a><a href="#FNanchor_98_734"><span class="label">98</span></a> British officers attested this: <i>Diplomatic Correspondence</i>, 1862, p. 285.</p></div> + +<div class="footnote"><p><a name="Footnote_99_735" id="Footnote_99_735"></a><a href="#FNanchor_99_735"><span class="label">99</span></a> <i>Report of the Secretary of the Navy</i>, 1866; <i>House Exec. Doc.</i>, 39 Cong. 2 sess. +IV. p. 12.</p></div> + +<div class="footnote"><p><a name="Footnote_100_736" id="Footnote_100_736"></a><a href="#FNanchor_100_736"><span class="label">100</span></a> There were some later attempts to legislate. Sumner tried to repeal the +Act of 1803: <i>Congressional Globe</i>, 41 Cong. 2 sess. pp. 2894, 2932, 4953, 5594. +Banks introduced a bill to prohibit Americans owning or dealing in slaves +abroad: <i>House Journal</i>, 42 Cong. 2 sess. p. 48. For the legislation of the Confederate +States, cf. Mason, <i>Veto Power</i>, 2d ed., Appendix C, No. 1.</p></div> +</div> + + +<hr /> + +<p><!-- Page 193 --><a name="Page_193" id="Page_193"></a><span class="pagenum">193</span></p> +<h2><a name="Chapter_XII" id="Chapter_XII"></a><i>Chapter XII</i></h2> +<h3>THE ESSENTIALS IN THE STRUGGLE.</h3> + +<table summary="Chapter Sections"> +<tr><td>92. How the Question Arose.</td></tr> +<tr><td>93. The Moral Movement.</td></tr> +<tr><td>94. The Political Movement.</td></tr> +<tr><td>95. The Economic Movement.</td></tr> +<tr><td>96. The Lesson for Americans.</td></tr> +</table> + +<p>92. <b>How the Question Arose.</b> We have followed a chapter +of history which is of peculiar interest to the sociologist. Here +was a rich new land, the wealth of which was to be had in +return for ordinary manual labor. Had the country been conceived +of as existing primarily for the benefit of its actual +inhabitants, it might have waited for natural increase or immigration +to supply the needed hands; but both Europe and +the earlier colonists themselves regarded this land as existing +chiefly for the benefit of Europe, and as designed to be exploited, +as rapidly and ruthlessly as possible, of the boundless +wealth of its resources. This was the primary excuse for the +rise of the African slave-trade to America.</p> + +<p>Every experiment of such a kind, however, where the moral +standard of a people is lowered for the sake of a material advantage, +is dangerous in just such proportion as that advantage +is great. In this case it was great. For at least a century, +in the West Indies and the southern United States, agriculture +flourished, trade increased, and English manufactures were +nourished, in just such proportion as Americans stole Negroes +and worked them to death. This advantage, to be sure, +became much smaller in later times, and at one critical period +was, at least in the Southern States, almost <i>nil</i>; but energetic +efforts were wanting, and, before the nation was aware, slavery +had seized a new and well-nigh immovable footing in the +Cotton Kingdom.</p> + +<p>The colonists averred with perfect truth that they did not +commence this fatal traffic, but that it was imposed upon +them from without. Nevertheless, all too soon did they lay +aside scruples against it and hasten to share its material +benefits. Even those who braved the rough Atlantic for the +highest moral motives fell early victims to the allurements of +<!-- Page 194 --><a name="Page_194" id="Page_194"></a><span class="pagenum">194</span>this system. Thus, throughout colonial history, in spite of +many honest attempts to stop the further pursuit of the slave-trade, +we notice back of nearly all such attempts a certain +moral apathy, an indisposition to attack the evil with the +sharp weapons which its nature demanded. Consequently, +there developed steadily, irresistibly, a vast social problem, +which required two centuries and a half for a nation of +trained European stock and boasted moral fibre to solve.</p> + + +<p>93. <b>The Moral Movement.</b> For the solution of this problem +there were, roughly speaking, three classes of efforts +made during this time,—moral, political, and economic: that +is to say, efforts which sought directly to raise the moral standard +of the nation; efforts which sought to stop the trade by +legal enactment; efforts which sought to neutralize the economic +advantages of the slave-trade. There is always a certain +glamour about the idea of a nation rising up to crush an evil +simply because it is wrong. Unfortunately, this can seldom be +realized in real life; for the very existence of the evil usually +argues a moral weakness in the very place where extraordinary +moral strength is called for. This was the case in the early +history of the colonies; and experience proved that an appeal +to moral rectitude was unheard in Carolina when rice had +become a great crop, and in Massachusetts when the rum-slave-traffic +was paying a profit of 100%. That the various abolition +societies and anti-slavery movements did heroic work +in rousing the national conscience is certainly true; unfortunately, +however, these movements were weakest at the most +critical times. When, in 1774 and 1804, the material advantages +of the slave-trade and the institution of slavery were least, it +seemed possible that moral suasion might accomplish the abolition +of both. A fatal spirit of temporizing, however, seized +the nation at these points; and although the slave-trade was, +largely for political reasons, forbidden, slavery was left untouched. +Beyond this point, as years rolled by, it was found +well-nigh impossible to rouse the moral sense of the nation. +Even in the matter of enforcing its own laws and co-operating +with the civilized world, a lethargy seized the country, and it +did not awake until slavery was about to destroy it. Even +then, after a long and earnest crusade, the national sense of +right did not rise to the entire abolition of slavery. It was only +<!-- Page 195 --><a name="Page_195" id="Page_195"></a><span class="pagenum">195</span>a peculiar and almost fortuitous commingling of moral, political, +and economic motives that eventually crushed African +slavery and its handmaid, the slave-trade in America.</p> + + +<p>94. <b>The Political Movement.</b> The political efforts to limit +the slave-trade were the outcome partly of moral reprobation +of the trade, partly of motives of expediency. This legislation +was never such as wise and powerful rulers may make for a +nation, with the ulterior purpose of calling in the respect +which the nation has for law to aid in raising its standard of +right. The colonial and national laws on the slave-trade +merely registered, from time to time, the average public opinion +concerning this traffic, and are therefore to be regarded +as negative signs rather than as positive efforts. These signs +were, from one point of view, evidences of moral awakening; +they indicated slow, steady development of the idea that to +steal even Negroes was wrong. From another point of view, +these laws showed the fear of servile insurrection and the desire +to ward off danger from the State; again, they often indicated +a desire to appear well before the civilized world, and +to rid the "land of the free" of the paradox of slavery. Representing +such motives, the laws varied all the way from mere +regulating acts to absolute prohibitions. On the whole, these +acts were poorly conceived, loosely drawn, and wretchedly +enforced. The systematic violation of the provisions of many +of them led to a widespread belief that enforcement was, in +the nature of the case, impossible; and thus, instead of marking +ground already won, they were too often sources of distinct +moral deterioration. Certainly the carnival of lawlessness +that succeeded the Act of 1807, and that which preceded final +suppression in 1861, were glaring examples of the failure of +the efforts to suppress the slave-trade by mere law.</p> + + +<p>95. <b>The Economic Movement.</b> Economic measures against +the trade were those which from the beginning had the best +chance of success, but which were least tried. They included +tariff measures; efforts to encourage the immigration of free +laborers and the emigration of the slaves; measures for changing +the character of Southern industry; and, finally, plans to +restore the economic balance which slavery destroyed, by raising +the condition of the slave to that of complete freedom +and responsibility. Like the political efforts, these rested in +<!-- Page 196 --><a name="Page_196" id="Page_196"></a><span class="pagenum">196</span>part on a moral basis; and, as legal enactments, they were also +themselves often political measures. They differed, however, +from purely moral and political efforts, in having as a main +motive the economic gain which a substitution of free for +slave labor promised.</p> + +<p>The simplest form of such efforts was the revenue duty on +slaves that existed in all the colonies. This developed into the +prohibitive tariff, and into measures encouraging immigration +or industrial improvements. The colonization movement was +another form of these efforts; it was inadequately conceived, +and not altogether sincere, but it had a sound, although in +this case impracticable, economic basis. The one great measure +which finally stopped the slave-trade forever was, naturally, +the abolition of slavery, i.e., the giving to the Negro +the right to sell his labor at a price consistent with his own +welfare. The abolition of slavery itself, while due in part to +direct moral appeal and political sagacity, was largely the +result of the economic collapse of the large-farming slave +system.</p> + + +<p>96. <b>The Lesson for Americans.</b> It may be doubted if ever +before such political mistakes as the slavery compromises of +the Constitutional Convention had such serious results, and +yet, by a succession of unexpected accidents, still left a nation +in position to work out its destiny. No American can study +the connection of slavery with United States history, and not +devoutly pray that his country may never have a similar social +problem to solve, until it shows more capacity for such work +than it has shown in the past. It is neither profitable nor in +accordance with scientific truth to consider that whatever the +constitutional fathers did was right, or that slavery was a +plague sent from God and fated to be eliminated in due time. +We must face the fact that this problem arose principally from +the cupidity and carelessness of our ancestors. It was the plain +duty of the colonies to crush the trade and the system in its +infancy: they preferred to enrich themselves on its profits. It +was the plain duty of a Revolution based upon "Liberty" to +take steps toward the abolition of slavery: it preferred promises +to straightforward action. It was the plain duty of the +Constitutional Convention, in founding a new nation, to +compromise with a threatening social evil only in case its settlement +<!-- Page 197 --><a name="Page_197" id="Page_197"></a><span class="pagenum">197</span>would thereby be postponed to a more favorable +time: this was not the case in the slavery and the slave-trade +compromises; there never was a time in the history of America +when the system had a slighter economic, political, and +moral justification than in 1787; and yet with this real, existent, +growing evil before their eyes, a bargain largely of +dollars and cents was allowed to open the highway that led +straight to the Civil War. Moreover, it was due to no wisdom +and foresight on the part of the fathers that fortuitous circumstances +made the result of that war what it was, nor was it +due to exceptional philanthropy on the part of their descendants +that that result included the abolition of slavery.</p> + +<p>With the faith of the nation broken at the very outset, the +system of slavery untouched, and twenty years' respite given +to the slave-trade to feed and foster it, there began, with 1787, +that system of bargaining, truckling, and compromising with +a moral, political, and economic monstrosity, which makes +the history of our dealing with slavery in the first half of the +nineteenth century so discreditable to a great people. Each +generation sought to shift its load upon the next, and the +burden rolled on, until a generation came which was both too +weak and too strong to bear it longer. One cannot, to be +sure, demand of whole nations exceptional moral foresight +and heroism; but a certain hard common-sense in facing the +complicated phenomena of political life must be expected in +every progressive people. In some respects we as a nation +seem to lack this; we have the somewhat inchoate idea that +we are not destined to be harassed with great social questions, +and that even if we are, and fail to answer them, the fault is +with the question and not with us. Consequently we often +congratulate ourselves more on getting rid of a problem than +on solving it. Such an attitude is dangerous; we have and +shall have, as other peoples have had, critical, momentous, +and pressing questions to answer. The riddle of the Sphinx +may be postponed, it may be evasively answered now; sometime +it must be fully answered.</p> + +<p>It behooves the United States, therefore, in the interest +both of scientific truth and of future social reform, carefully +to study such chapters of her history as that of the suppression +of the slave-trade. The most obvious question which this<!-- Page 198 --><a name="Page_198" id="Page_198"></a><span class="pagenum">198</span> +study suggests is: How far in a State can a recognized moral +wrong safely be compromised? And although this chapter of +history can give us no definite answer suited to the ever-varying +aspects of political life, yet it would seem to warn any +nation from allowing, through carelessness and moral cowardice, +any social evil to grow. No persons would have seen +the Civil War with more surprise and horror than the Revolutionists +of 1776; yet from the small and apparently dying +institution of their day arose the walled and castled Slave-Power. +From this we may conclude that it behooves nations +as well as men to do things at the very moment when they +ought to be done.</p> +<p><!-- Page 199 --><a name="Page_199" id="Page_199"></a><span class="pagenum">199</span></p> + + +<hr /> +<h2><a name="APPENDIX_A" id="APPENDIX_A"></a>APPENDIX A.</h2> + +<h3>A CHRONOLOGICAL CONSPECTUS OF COLONIAL<br /> +AND STATE LEGISLATION RESTRICTING<br /> +THE AFRICAN SLAVE-TRADE.<br /> +1641-1787.</h3> + + +<p class="atitle">1641. Massachusetts: Limitations on Slavery.</p> + +<p class="atext">"Liberties of Forreiners & Strangers": 91. "There shall +never be any bond slaverie villinage or Captivitie +amongst vs, unles it be lawfull Captives taken in +iust warres, & such strangers as willingly selle +themselves or are sold to us. And those shall have +all the liberties & Christian usages w<sup>ch</sup> y<sup>e</sup> law of +god established in Jsraell concerning such p/<sup>sons</sup> +doeth morally require. This exempts none from +servitude who shall be Judged there to by Authoritie."</p> + +<p class="atext">"Capitall Laws": 10. "If any man stealeth aman or +mankinde, he shall surely be put to death" (marginal +reference, Exodus xxi. 16). Re-enacted in the +codes of 1649, 1660, and 1672. Whitmore, <i>Reprint +of Colonial Laws of 1660</i>, etc. (1889), pp. 52, 54, +71–117.</p> + + +<p class="atitle">1642, April 3. New Netherland: Ten per cent Duty.</p> + +<p class="atext">"Ordinance of the Director and Council of New Netherland, +imposing certain Import and Export +Duties." O'Callaghan, <i>Laws of New Netherland</i> +(1868), p. 31.</p> + + +<p class="atitle">1642, Dec. 1. Connecticut: Man-Stealing made a Capital +Offence.</p> + +<p class="atext">"Capitall Lawes," No. 10. Re-enacted in Ludlow's +code, 1650. <i>Colonial Records</i>, I. 77.</p> + + +<p class="atitle">1646, Nov. 4. Massachusetts: Declaration against Man-Stealing.</p> + +<p class="atext">Testimony of the General Court. For text, see above, +page 37. <i>Colonial Records</i>, II. 168; III. 84.</p> + + +<p class="atitle">1652, April 4. New Netherland: Duty of 15 Guilders.</p> + +<p class="atext">"Conditions and Regulations" of Trade to Africa. +O'Callaghan, <i>Laws of New Netherland</i>, pp. 81, 127.</p> +<p><!-- Page 200 --><a name="Page_200" id="Page_200"></a><span class="pagenum">200</span></p> + +<p class="atitle">1652, May 18–20. Rhode Island: Perpetual Slavery Prohibited.</p> + +<p class="atext">For text, see above, page 40. <i>Colonial Records</i>, I. 243.</p> + + +<p class="atitle">1655, Aug. 6. New Netherland: Ten per cent Export Duty.</p> + +<p class="atext">"Ordinance of the Director General and Council of +New Netherland, imposing a Duty on exported +Negroes." O'Callaghan, <i>Laws of New Netherland</i>, +p. 191.</p> + + +<p class="atitle">1664, March 12. Duke of York's Patent: Slavery Regulated.</p> + +<p class="atext">"Lawes establisht by the Authority of his Majesties +Letters patents, granted to his Royall Highnes +James Duke of Yorke and Albany; Bearing Date +the 12th Day of March in the Sixteenth year of +the Raigne of our Soveraigne Lord Kinge Charles +the Second." First published at Long Island in +1664.</p> + +<p class="atext">"Bond slavery": "No Christian shall be kept in Bond-slavery +villenage or Captivity, Except Such who +shall be Judged thereunto by Authority, or such +as willingly have sould, or shall sell themselves," +etc. Apprenticeship allowed. <i>Charter to William +Penn, and Laws of the Province of Pennsylvania</i> +(1879), pp. 3, 12.</p> + + +<p class="atitle">1672, October. Connecticut: Law against Man-Stealing.</p> + +<p class="atext">"The General Laws and Liberties of Conecticut</p> + +<p class="atext">"Capital Laws": 10. "If any Man stealeth a Man or +Man kinde, and selleth him, or if he be found in +his hand, he shall be put to death. Exod. 21. 16." +<i>Laws of Connecticut</i>, 1672 (repr. 1865), p. 9.</p> + + +<p class="atitle">1676, March 3. West New Jersey: Slavery Prohibited (?).</p> + +<p class="atext">"The Concessions and Agreements of the Proprietors, +Freeholders and Inhabitants of the Province of +West New-Jersey, in America."</p> + +<p class="atext">Chap. XXIII. "That in all publick Courts of Justice +for Tryals of Causes, Civil or Criminal, any Person +or Persons, Inhabitants of the said Province, +may freely come into, and attend the said Courts, +... that all and every Person and Persons Inhabiting +the said Province, shall, as far as in us +lies, be free from Oppression and Slavery." Leaming +and Spicer, <i>Grants, Concessions</i>, etc., pp. 382, +398.</p> +<p><!-- Page 201 --><a name="Page_201" id="Page_201"></a><span class="pagenum">201</span></p> + +<p class="atitle">1688, Feb. 18. Pennsylvania: First Protest of Friends against Slave-Trade.</p> + +<p class="atext">"At Monthly Meeting of Germantown Friends." For +text, see above, pages 28–29. <i>Fac-simile Copy</i> (1880).</p> + + +<p class="atitle">1695, May. Maryland: 10s. Duty Act.</p> + +<p class="atext">"An Act for the laying an Imposition upon Negroes, +Slaves, and White Persons imported into this +Province." Re-enacted in 1696, and included in +Acts of 1699 and 1704. Bacon, <i>Laws</i>, 1695, ch. ix.; +1696, ch. vii.; 1699, ch. xxiii.; 1704, ch. ix.</p> + + +<p class="atitle">1696. Pennsylvania: Protest of Friends.</p> + +<p class="atext">"That Friends be careful not to encourage the bringing +in of any more negroes." Bettle, <i>Notices of Negro +Slavery</i>, in <i>Penn. Hist. Soc. Mem.</i> (1864), I. 383.</p> + + +<p class="atitle">1698, Oct. 8. South Carolina: White Servants Encouraged.</p> + +<p class="atext">"An Act for the Encouragement of the Importation of +White Servants."</p> + +<p class="atext">"Whereas, the great number of negroes which of late +have been imported into this Collony may endanger +the safety thereof if speedy care be not taken +and encouragement given for the importation of +white servants."</p> + +<p class="atext">§ 1. £13 are to be given to any ship master for every +male white servant (Irish excepted), between sixteen +and forty years, whom he shall bring into +Ashley river; and £12 for boys between twelve and +sixteen years. Every servant must have at least four +years to serve, and every boy seven years.</p> + +<p class="atext">§ 3. Planters are to take servants in proportion of one +to every six male Negroes above sixteen years.</p> + +<p class="atext">§ 5. Servants are to be distributed by lot.</p> + +<p class="atext">§ 8. This act to continue three years. Cooper, <i>Statutes</i>, +II. 153.</p> + + +<p class="atitle">1699, April. Virginia: 20s. Duty Act.</p> + +<p class="atext">"An act for laying an imposition upon servants and +slaves imported into this country, towards building +the Capitoll." For three years; continued in +August, 1701, and April, 1704. Hening, <i>Statutes</i>, +III. 193, 212, 225.</p> +<p><!-- Page 202 --><a name="Page_202" id="Page_202"></a><span class="pagenum">202</span></p> + +<p class="atitle">1703, May 6. South Carolina: Duty Act.</p> + +<p class="atext">"An Act for the laying an Imposition on Furrs, Skinns, +Liquors and other Goods and Merchandize, Imported +into and Exported out of this part of this +Province, for the raising of a Fund of Money towards +defraying the publick charges and expenses +of this Province, and paying the debts due for the +Expedition against St. Augustine." 10<i>s.</i> on Africans +and 20<i>s.</i> on others. Cooper, <i>Statutes</i>, II. 201.</p> + + +<p class="atitle">1704, October. Maryland: 20s. Duty Act.</p> + +<p class="atext">"An Act imposing Three Pence per Gallon on Rum +and Wine, Brandy and Spirits; and Twenty Shillings +per Poll for Negroes; for raising a Supply to +defray the Public Charge of this Province; and +Twenty Shillings per Poll on Irish Servants, to +prevent the importing too great a Number of +Irish Papists into this Province." Revived in 1708 +and 1712. Bacon, <i>Laws</i>, 1704, ch. xxxiii.; 1708, ch. +xvi.; 1712, ch. xxii.</p> + + +<p class="atitle">1705, Jan. 12. Pennsylvania: 10s. Duty Act. </p> + +<p class="atext">"An Act for Raising a Supply of Two pence half penny +per Pound & ten shillings per Head. Also for +Granting an Impost & laying on Sundry Liquors +& negroes Imported into this Province for the +Support of Governmt., & defraying the necessary +Publick Charges in the Administration thereof." +<i>Colonial Records</i> (1852), II. 232, No. 50.</p> + + +<p class="atitle">1705, October. Virginia: 6d. Tax on Imported Slaves.</p> + +<p class="atext">"An act for raising a publick revenue for the better +support of the Government," etc. Similar tax by +Act of October, 1710. Hening, <i>Statutes</i>, III. 344, +490.</p> + + +<p class="atitle">1705, October. Virginia: 20s. Duty Act.</p> + +<p class="atext">"An act for laying an Imposition upon Liquors and +Slaves." For two years; re-enacted in October, +1710, for three years, and in October, 1712. <i>Ibid.</i>, +III. 229, 482; IV. 30.</p> +<p><!-- Page 203 --><a name="Page_203" id="Page_203"></a><span class="pagenum">203</span></p> + +<p class="atitle">1705, Dec. 5. Massachusetts: £4 Duty Act.</p> + +<p class="atext">"An act for the Better Preventing of a Spurious and +Mixt Issue," etc.</p> + +<p class="atext">§ 6. On and after May 1, 1706, every master importing +Negroes shall enter his number, name, and sex in +the impost office, and insert them in the bill of +lading; he shall pay to the commissioner and receiver +of the impost £4 per head for every such +Negro. Both master and ship are to be security for +the payment of the same.</p> + +<p class="atext">§ 7. If the master neglect to enter the slaves, he shall +forfeit £8 for each Negro, one-half to go to the +informer and one-half to the government.</p> + +<p class="atext">§ 8. If any Negro imported shall, within twelve +months, be exported and sold in any other plantation, +and a receipt from the collector there be +shown, a drawback of the whole duty will be allowed. +Like drawback will be allowed a purchaser, +if any Negro sold die within six weeks after importation. +<i>Mass. Province Laws, 1705–6</i>, ch. 10.</p> + + +<p class="atitle">1708, February. Rhode Island: £3 Duty Act.</p> + +<p class="atext">No title or text found. Slightly amended by Act of +April, 1708; strengthened by Acts of February, 1712, +and July 5, 1715; proceeds disposed of by Acts +of July, 1715, October, 1717, and June, 1729. <i>Colonial +Records</i>, IV. 34, 131–5, 138, 143, 191–3, 225, 423–4.</p> + + +<p class="atitle">1709, Sept. 24. New York: £3 Duty Act.</p> + +<p class="atext">"An Act for Laying a Duty on the Tonnage of Vessels +and Slaves." A duty of £3 was laid on slaves not +imported directly from their native country. Continued +by Act of Oct. 30, 1710. <i>Acts of Assembly, +1691–1718</i>, pp. 97, 125, 134; Laws of New York, +1691–1773, p. 83.</p> + + +<p class="atitle">1710, Dec. 28. Pennsylvania: 40s. Duty Act.</p> + +<p class="atext">"An impost Act, laying a duty on Negroes, wine, rum +and other spirits, cyder and vessels." Repealed by +order in Council Feb. 20, 1713. Carey and Bioren, +<i>Laws</i>, I. 82; Bettle, <i>Notices of Negro Slavery</i>, in +<i>Penn. Hist. Soc. Mem.</i> (1864), I. 415.</p> +<p><!-- Page 204 --><a name="Page_204" id="Page_204"></a><span class="pagenum">204</span></p> + +<p class="atitle">1710. Virginia: £5 Duty Act.</p> + +<p class="atext">"Intended to discourage the importation" of slaves. +Title and text not found. Disallowed (?). <i>Governor +Spotswood to the Lords of Trade</i>, in <i>Va. Hist. Soc. +Coll.</i>, New Series, I. 52.</p> + + +<p class="atitle">1711, July-Aug. New York: Act of 1709 Strengthened.</p> + +<p class="atext">"An Act for the more effectual putting in Execution an +Act of General Assembly, Intituled, An Act for +Laying a Duty on the Tonnage of Vessels and +Slaves." <i>Acts of Assembly, 1691–1718</i>, p. 134.</p> + + +<p class="atitle">1711, December. New York: Bill to Increase Duty.</p> + +<p class="atext">Bill for laying a further duty on slaves. Passed Assembly; +lost in Council. <i>Doc. rel. Col. Hist. New York</i>, +V. 293.</p> + + +<p class="atitle">1711. Pennsylvania: Testimony of Quakers.</p> + +<p class="atext">" ... the Yearly Meeting of Philadelphia, on a representation +from the Quarterly Meeting of Chester, +that the buying and encouraging the importation +of negroes was still practised by some of the members +of the society, again repeated and enforced +the observance of the advice issued in 1696, and +further directed all merchants and factors to write +to their correspondents and discourage their sending +any more negroes." Bettle, <i>Notices of Negro +Slavery</i>, in <i>Penn. Hist. Soc. Mem.</i> (1864), I. 386.</p> + + +<p class="atitle">1712, June 7. Pennsylvania: Prohibitive (?) Duty Act.</p> + +<p class="atext">"A supplementary Act to an act, entituled, An impost +act, laying a duty on Negroes, rum," etc. Disallowed +by Great Britain, 1713. Carey and Bioren, +<i>Laws</i>, I. 87, 88. Cf. <i>Colonial Records</i> (1852), II. 553.</p> + + +<p class="atitle">1712, June 7. Pennsylvania: Prohibitive Duty Act.</p> + +<p class="atext">"An act to prevent the Importation of Negroes and +Indians into this Province."</p> + +<p class="atext">"Whereas Divers Plots and Insurrections have frequently +happened, not only in the Islands, but on +the Main Land of <i>America</i>, by Negroes, which +have been carried on so far that several of the Inhabitants +have been thereby barbarously Murthered, +an instance whereof we have lately had in +our neighboring Colony of <i>New York</i>. And +whereas the Importation of Indian Slaves hath +given our Neighboring <i>Indians</i> in this Province +some umbrage of Suspicion and Dis-satisfaction. +For Prevention of all which for the future,</p> +<p><!-- Page 205 --><a name="Page_205" id="Page_205"></a><span class="pagenum">205</span></p> + +<p class="atext">"<i>Be it Enacted</i> ..., That from and after the Publication +of this Act, upon the Importation of any +Negro or Indian, by Land or Water, into this +Province, there shall be paid by the Importer, +Owner or Possessor thereof, the sum of <i>Twenty +Pounds per head</i>, for every Negro or Indian so imported +or brought in (except Negroes directly +brought in from the <i>West India Islands</i> before the +first Day of the Month called <i>August</i> next) unto +the proper Officer herein after named, or that +shall be appointed according to the Directions of +this Act to receive the same," etc. Disallowed by +Great Britain, 1713. <i>Laws of Pennsylvania, collected</i>, +etc. (ed. 1714), p. 165; <i>Colonial Records</i> (1852), II. +553; Burge, <i>Commentaries</i>, I. 737, note; <i>Penn. Archives</i>, +I. 162.</p> + + +<p class="atitle">1713, March 11. New Jersey: £10 Duty Act.</p> + +<p class="atext">"An Act for laying a Duty on Negro, Indian and +Mulatto Slaves, imported and brought into this +Province."</p> + +<p class="atext">"<i>Be it Enacted</i> ..., That every Person or Persons +that shall hereafter Import or bring in, or cause to +be imported or brought into this Province, any +Negro Indian or Mulatto Slave or Slaves, every +such Person or Persons so importing or bringing +in, or causing to be imported or brought in, such +Slave or Slaves, shall enter with one of the Collectors +of her Majestie's Customs of this Province, +every such Slave or Slaves, within Twenty Four +Hours after such Slave or Slaves is so Imported, +and pay the Sum of <i>Ten Pounds</i> Money as appointed +by her Majesty's Proclamation, for each +Slave so imported, or give sufficient Security that +the said Sum of <i>Ten Pounds</i>, Money aforesaid, +shall be well and truly paid within three Months +after such Slave or Slaves are so imported, to the +Collector or his Deputy of the District into which<!-- Page 206 --><a name="Page_206" id="Page_206"></a> +such Slave or Slaves shall be imported, for the use +of her Majesty, her Heirs and Successors, toward +the Support of the Government of this Province." +For seven years; violations incur forfeiture and +sale of slaves at auction; slaves brought from elsewhere +than Africa to pay £10, etc. <i>Laws and Acts +of New Jersey, 1703–1717</i> (ed. 1717), p. 43; <i>N.J. Archives</i>, +1st Series, XIII. 516, 517, 520, 522, 523, 527, +532, 541.</p><p class="pagenum">206</p> + + +<p class="atitle">1713, March 26. Great Britain and Spain: The Assiento.</p> + +<p class="atext">"The Assiento, or Contract for allowing to the Subjects +of Great Britain the Liberty of importing +Negroes into the Spanish America. Signed by the +Catholick King at Madrid, the 26th Day of +March, 1713."</p> + +<p class="atext">Art. I. "First then to procure, by this means, a mutual +and reciprocal advantage to the sovereigns and +subjects of both crowns, her British majesty does +offer and undertake for the persons, whom she +shall name and appoint, That they shall oblige and +charge themselves with the bringing into the +West-Indies of America, belonging to his catholick +majesty, in the space of the said 30 years, to +commence on the 1st day of May, 1713, and determine +on the like day, which will be in the year +1743, <i>viz.</i> 144000 negroes, <i>Piezas de India</i>, of both +sexes, and of all ages, at the rate of 4800 negroes, +<i>Piezas de India</i>, in each of the said 30 years, with +this condition, That the persons who shall go to +the West-Indies to take care of the concerns of the +assiento, shall avoid giving any offence, for in +such case they shall be prosecuted and punished +in the same manner, as they would have been in +Spain, if the like misdemeanors had been committed +there."</p> + +<p class="atext">Art. II. Assientists to pay a duty of 33 pieces of eight +(<i>Escudos</i>) for each Negro, which should include all +duties.</p> +<p class="pagenum">207</p> +<p class="atext">Art. III. Assientists to advance to his Catholic Majesty +200,000 pieces of eight, which should be returned<!-- Page 207 --><a name="Page_207" id="Page_207"></a> +at the end of the first twenty years, etc. John +Almon, <i>Treaties of Peace, Alliance, and Commerce, +between Great-Britain and other Powers</i> (London, +1772), I. 83–107.</p> + + +<p class="atitle">1713, July 13. Great Britain and Spain: Treaty of Utrecht.</p> + +<p class="atext">"Treaty of Peace and Friendship between the most serene +and most potent princess Anne, by the grace +of God, Queen of Great Britain, France, and Ireland, +Defender of the Faith, &c. and the most +serene and most potent Prince Philip V the +Catholick King of Spain, concluded at Utrecht, +the 2/13 Day of July, 1713."</p> +<p class="pagenum">208</p> +<p class="atext">Art. XII. "The Catholick King doth furthermore +hereby give and grant to her Britannick majesty, +and to the company of her subjects appointed for +that purpose, as well the subjects of Spain, as all +others, being excluded, the contract for introducing +negroes into several parts of the dominions of +his Catholick Majesty in America, commonly +called <i>el Pacto de el Assiento de Negros</i>, for the +space of thirty years successively, beginning from +the first day of the month of May, in the year 1713, +with the same conditions on which the French enjoyed +it, or at any time might or ought to enjoy +the same, together with a tract or tracts of Land +to be allotted by the said Catholick King, and to +be granted to the company aforesaid, commonly +called <i>la Compania de el Assiento</i>, in some convenient +place on the river of Plata, (no duties or revenues +being payable by the said company on that +account, during the time of the abovementioned +contract, and no longer) and this settlement of the +said society, or those tracts of land, shall be +proper and sufficient for planting, and sowing, +and for feeding cattle for the subsistence of those +who are in the service of the said company, and +of their negroes; and that the said negroes may be +there kept in safety till they are sold; and moreover, +that the ships belonging to the said company +may come close to land, and be secure <!-- Page 208 --><a name="Page_208" id="Page_208"></a>from +any danger. But it shall always be lawful for the +Catholick King, to appoint an officer in the said +place or settlement, who may take care that nothing +be done or practised contrary to his royal interests. +And all who manage the affairs of the said +company there, or belong to it, shall be subject to +the inspection of the aforesaid officer, as to all +matters relating to the tracts of land abovementioned. +But if any doubts, difficulties, or controversies, +should arise between the said officer and +the managers for the said company, they shall be +referred to the determination of the governor of +Buenos Ayres. The Catholick King has been likewise +pleased to grant to the said company, several +other extraordinary advantages, which are more +fully and amply explained in the contract of the +Assiento, which was made and concluded at Madrid, +the 26th day of the month of March, of this +present year 1713. Which contract, or <i>Assiento de +Negros</i>, and all the clauses, conditions, privileges +and immunities contained therein, and which are +not contrary to this article, are and shall be +deemed, and taken to be, part of this treaty, in the +same manner as if they had been here inserted +word for word." John Almon, <i>Treaties of Peace, +Alliance, and Commerce, between Great-Britain and +other Powers</i>, I. 168–80.</p> + + +<p class="atitle">1714, Feb. 18. South Carolina: Duty on American Slaves.</p> + +<p class="atext">"An Act for laying an additional duty on all Negro +Slaves imported into this Province from any +part of America." Title quoted in Act of 1719, +§30, <i>q.v.</i></p> + + +<p class="atitle">1714, Dec. 18. South Carolina: Prohibitive Duty.</p> + +<p class="atext">"An additional Act to an Act entitled 'An Act for the +better Ordering and Governing Negroes and all +other Slaves.'"</p> + +<p class="atext">§9 "And <i>whereas</i>, the number of negroes do extremely +increase in this Province, and through the afflicting +providence of God, the white persons do +not proportionally multiply, by reason whereof, +<!-- Page 209 --><a name="Page_209" id="Page_209"></a>the safety of the said Province is greatly endangered; +for the prevention of which for the future,</p> +<p class="pagenum">209</p> +<p class="atext">"<i>Be it further enacted</i> by the authority aforesaid, That +all negro slaves from twelve years old and upwards, +imported into this part of this Province +from any part of Africa, shall pay such additional +duties as is hereafter named, that is to say:—that +every merchant or other person whatsoever, who +shall, six months after the ratification of this Act, +import any negro slaves as aforesaid, shall, for +every such slave, pay unto the public receiver for +the time being, (within thirty days after such importation,) +the sum of two pounds current money +of this Province." Cooper, <i>Statutes</i>, VII. 365.</p> + + +<p class="atitle">1715, Feb. 18. South Carolina: Duty on American Negroes.</p> + +<p class="atext">"<i>An additional Act</i> to an act entitled <i>an act for raising +the sum of £2000, of and from the estates real and +personal of the inhabitants of this Province, ratified in +open Assembly the 18th day of December, 1714</i>; and +for laying an additional duty on all Negroe slaves +imported into this Province from any part of +America." Title only given. Grimké, <i>Public Laws</i>, +p. xvi, No. 362.</p> + + +<p class="atitle">1715, May 28. Pennsylvania: £5 Duty Act.</p> + +<p class="atext">"An Act for laying a Duty on <i>Negroes</i> imported into +this province." Disallowed by Great Britain, 1719. +<i>Acts and Laws of Pennsylvania, 1715</i>, p. 270; <i>Colonial +Records</i> (1852), III. 75–6; Chalmers, <i>Opinions</i>, +II. 118.</p> + + +<p class="atitle">1715, June 3. Maryland: 20s. Duty Act.</p> + +<p class="atext">"An Act laying an Imposition on Negroes ...; and +also on Irish Servants, to prevent the importing +too great a Number of Irish Papists into this +Province." Supplemented April 23, 1735, and July +25, 1754. <i>Compleat Collection of the Laws of Maryland</i> +(ed. 1727), p. 157; Bacon, <i>Laws</i>, 1715, ch. xxxvi. +§8; 1735, ch. vi. §§1–3; <i>Acts of Assembly, 1754</i>, p. 10.</p> + + +<p class="atitle">1716, June 30. South Carolina: £3 Duty Act.</p> +<p class="pagenum">210</p> +<p class="atext">"An Act for laying an Imposition on Liquors, Goods +and Merchandizes, Imported into and Exported +<!-- Page 210 --><a name="Page_210" id="Page_210"></a>out of this Province, for the raising of a Fund of +Money towards the defraying the publick charges +and expences of the Government." A duty of £3 +was laid on African slaves, and £30 on American +slaves. Cooper, <i>Statutes</i>, II. 649.</p> + + +<p class="atitle">1716. New York: 5 oz. and 10 oz. plate Duty Act.</p> + +<p class="atext">"An Act to Oblige all Vessels Trading into this Colony +(except such as are therein excepted) to pay a certain +Duty; and for the further Explanation and +rendring more Effectual certain Clauses in an Act +of General Assembly of this Colony, Intituled, An +Act by which a Duty is laid on Negroes, and +other Slaves, imported into this Colony." The act +referred to is not to be found. <i>Acts of Assembly, +1691–1718</i>, p. 224.</p> + + +<p class="atitle">1717, June 8. Maryland: Additional 20s. Duty Act.</p> + +<p class="atext">"An Act for laying an Additional Duty of Twenty Shillings +Current Money per Poll on all Irish Servants, ... +also, the Additional Duty of Twenty +Shillings Current Money per Poll on all Negroes, +for raising a Fund for the Use of Publick +Schools," etc. Continued by Act of 1728. <i>Compleat +Collection of the Laws of Maryland</i> (ed. 1727), p. 191; +Bacon, <i>Laws</i>, 1728, ch. viii.</p> + + +<p class="atitle">1717, Dec. 11. South Carolina: Prohibitive Duty.</p> + +<p class="atext">"A further additional Act to an Act entitled An Act +for the better ordering and governing of Negroes +and all other Slaves; and to an additional +Act to an Act entitled An Act for the better ordering +and governing of Negroes and all other +Slaves."</p> + +<p class="atext">§ 3. "And <i>whereas</i>, the great importation of negroes to +this Province, in proportion to the white inhabitants +of the same, whereby the future safety of +this Province will be greatly endangered; for the +prevention whereof,</p> +<p class="pagenum">211</p> +<p class="atext">"<i>Be it enacted</i> by the authority aforesaid, That all negro +slaves of any age or condition whatsoever, +imported or otherwise brought into this Province, +from any part of the world, shall pay such<!-- Page 211 --><a name="Page_211" id="Page_211"></a> +additional duties as is hereafter named, that is to +say:—that every merchant or other person whatsoever, +who shall, eighteen months after the ratification +of this Act, import any negro slave as +aforesaid, shall, for every such slave, pay unto the +public receiver for the time being, at the time of +each importation, over and above all the duties +already charged on negroes, by any law in force +in this Province, the additional sum of forty +pounds current money of this Province," etc.</p> + +<p class="atext">§ 4. This section on duties to be in force for four years +after ratification, and thence to the end of the next +session of the General Assembly. Cooper, <i>Statutes</i>, +VII. 368.</p> + + +<p class="atitle">1718, Feb. 22. Pennsylvania: Duty Act.</p> + +<p class="atext">"An Act for continuing a duty on Negroes brought +into this province." Carey and Bioren, <i>Laws</i>, I. +118.</p> + + +<p class="atitle">1719, March 20. South Carolina: £10 Duty Act.</p> + +<p class="atext">"An Act for laying an Imposition on Negroes, Liquors, +and other Goods and Merchandizes, imported, +and exported out of this Province, for the +raising of a Fund of Money towards the defraying +the Publick Charges and Expences of this Government; +as also to Repeal several Duty Acts, and +Clauses and Paragraphs of Acts, as is herein mentioned." +This repeals former duty acts (e.g. that +of 1714), and lays a duty of £10 on African slaves, +and £30 on American slaves. Cooper, <i>Statutes</i>, +III. 56.</p> + + +<p class="atitle">1721, Sept. 21. South Carolina: £10 Duty Act.</p> + +<p class="atext">"An Act for granting to His Majesty a Duty and Imposition +on Negroes, Liquors, and other Goods +and Merchandize, imported into and exported out +of this Province." This was a continuation of the +Act of 1719. <i>Ibid.</i>, III. 159.</p> + + +<p class="atitle">1722, Feb. 23. South Carolina: £10 Duty Act.</p> + +<p class="atext">"An Act for Granting to His Majesty a Duty and Imposition +on Negroes, Liquors, and other Goods +and Merchandizes, for the use of the Publick of +<!-- Page 212 --><a name="Page_212" id="Page_212"></a> this Province."</p> +<p class="pagenum">212</p> +<p class="atext">§ 1. " ... on all negro slaves imported from Africa +directly, or any other place whatsoever, Spanish +negroes excepted, if above ten years of age, ten +pounds; on all negroes under ten years of age, +(sucking children excepted) five pounds," etc.</p> + +<p class="atext">§ 3. "And whereas, it has proved to the detriment of +some of the inhabitants of this Province, who +have purchased negroes imported here from the +Colonies of America, that they were either transported +thence by the Courts of justice, or sent +off by private persons for their ill behaviour +and misdemeanours, to prevent which for the +future,</p> + +<p class="atext">"<i>Be it enacted</i> by the authority aforesaid, That all negroes +imported in this Province from any part of +America, after the ratification of this Act, above +ten years of age, shall pay unto the Publick Receiver +as a duty, the sum of fifty pounds, and all +such negroes under the age of ten years, (sucking +children excepted) the sum of five pounds of like +current money, unless the owner or agent shall +produce a testimonial under the hand and seal of +any Notary Publick of the Colonies or plantations +from whence such negroes came last, before +whom it was proved upon oath, that the same are +new negroes, and have not been six months on +shoar in any part of America," etc.</p> + +<p class="atext">§ 4. "And whereas, the importation of Spanish Indians, +mustees, negroes, and mulattoes, may be of +dangerous consequence by inticing the slaves belonging +to the inhabitants of this Province to desert +with them to the Spanish settlements near us,</p> + +<p class="atext">"<i>Be it therefore enacted</i> That all such Spanish negroes, +Indians, mustees, or mulattoes, so imported into +this Province, shall pay unto the Publick Receiver, +for the use of this Province, a duty of one +hundred and fifty pounds, current money of this +Province."</p> +<p><!-- Page 213 --><a name="Page_213" id="Page_213"></a><span class="pagenum">213</span></p> +<p class="atext">§ 19. Rebate of three-fourths of the duty allowed in +case of re-exportation in six months.</p> + +<p class="atext">§ 31. Act of 1721 repealed.</p> + +<p class="atext">§ 36. This act to continue in force for three years, and +thence to the end of the next session of the General +Assembly, and no longer. Cooper, <i>Statutes</i>, +III. 193.</p> + + +<p class="atitle">1722, May 12. Pennsylvania: Duty Act.</p> + +<p class="atext">"An Act for laying a duty on Negroes imported into +this province." Carey and Bioren, <i>Laws</i>, I. 165.</p> + + +<p class="atitle">1723, May. Virginia: Duty Act.</p> + +<p class="atext">"An Act for laying a Duty on Liquors and Slaves." +Title only; repealed by proclamation Oct. 27, 1724. +Hening, <i>Statutes</i>, IV. 118.</p> + + +<p class="atitle">1723, June 18. Rhode Island: Back Duties Collected.</p> + +<p class="atext">Resolve appointing the attorney-general to collect +back duties on Negroes. <i>Colonial Records</i>, IV. 330.</p> + + +<p class="atitle">1726, March 5. Pennsylvania: £10 Duty Act.</p> + +<p class="atext">"An Act for the better regulating of Negroes in this +province." Carey and Bioren, <i>Laws</i>, I. 214; Bettle, +<i>Notices of Negro Slavery</i>, in <i>Penn. Hist. Soc. Mem.</i> +(1864), I. 388.</p> + + +<p class="atitle">1726, March 5. Pennsylvania: Duty Act.</p> + +<p class="atext">"An Act for laying a duty on Negroes imported into +this province." Carey and Bioren, <i>Laws</i>, I. 213.</p> + + +<p class="atitle">1727, February. Virginia: Prohibitive Duty Act (?).</p> + +<p class="atext">"An Act for laying a Duty on Slaves imported; and for +appointing a Treasurer." Title only found; the +duty was probably prohibitive; it was enacted +with a suspending clause, and was not assented to +by the king. Hening, <i>Statutes</i>, IV. 182.</p> + + +<p class="atitle">1728, Aug. 31. New York: £2 and £4 Duty Act.</p> + +<p class="atext">"An Act to repeal some Parts and to continue and enforce +other Parts of the Act therein mentioned, +and for granting several Duties to His Majesty, +for supporting His Government in the Colony of +New York" from Sept. 1, 1728, to Sept. 1, 1733. +Same duty continued by Act of 1732. <i>Laws of New +York, 1691–1773</i>, pp. 148, 171; <i>Doc. rel. Col. Hist. +New York</i>, VI. 32, 33, 34, 37, 38.</p> +<p><!-- Page 214 --><a name="Page_214" id="Page_214"></a><span class="pagenum">214</span></p> + +<p class="atitle">1728, Sept. 14. Massachusetts: Act of 1705 Strengthened.</p> + +<p class="atext">"An Act more effectually to secure the Duty on the +Importation of Negroes." For seven years; substantially +the same law re-enacted Jan. 26, 1738, for +ten years. <i>Mass. Province Laws, 1728–9</i>, ch. 16; +<i>1738–9</i>, ch. 27.</p> + + +<p class="atitle">1729, May 10. Pennsylvania: 40s. Duty Act.</p> + +<p class="atext">"An Act for laying a Duty on Negroes imported into +this Province." <i>Laws of Pennsylvania</i> (ed. 1742), +p. 354, ch. 287.</p> + + +<p class="atitle">1732, May. Rhode Island: Repeal of Act of 1712.</p> + +<p class="atext">"Whereas, there was an act made and passed by the +General Assembly, at their session, held at +Newport, the 27th day of February, 1711 [O.S., +N.S. = 1712], entitled 'An Act for laying a duty +on negro slaves that shall be imported into this +colony,' and this Assembly being directed by His +Majesty's instructions to repeal the same;—</p> + +<p class="atext">"Therefore, be it enacted by the General Assembly +... that the said act ... be, and it is hereby +repealed, made null and void, and of none effect +for the future." If this is the act mentioned under +Act of 1708, the title is wrongly cited; if not, the +act is lost. <i>Colonial Records</i>, IV. 471.</p> + + +<p class="atitle">1732, May. Virginia: Five per cent Duty Act.</p> + +<p class="atext">"An Act for laying a Duty upon Slaves, to be paid by +the Buyers." For four years; continued and +slightly amended by Acts of 1734, 1736, 1738, 1742, +and 1745; revived February, 1752, and continued by +Acts of November, 1753, February, 1759, November, +1766, and 1769; revived (or continued?) by +Act of February, 1772, until 1778. Hening, <i>Statutes</i>, +IV. 317, 394, 469; V. 28, 160, 318; VI. 217, 353; +VII. 281; VIII. 190, 336, 530.</p> + + +<p class="atitle">1734, November. New York: Duty Act.</p> + +<p class="atext">"An act to lay a duty on Negroes & a tax on the Slaves +therein mentioned during the time and for the +uses within mentioned." The tax was 1<i>s.</i> yearly per +slave. <i>Doc. rel. Col. Hist. New York</i>, VI. 38.</p> +<p><!-- Page 215 --><a name="Page_215" id="Page_215"></a><span class="pagenum">215</span></p> + +<p class="atitle">1734, Nov. 28. New York: £2 and £4 (?) Duty Act.</p> + +<p class="atext">"An Act to lay a Duty on the Goods, and a Tax on the +Slaves therein mentioned, during the Time, and +for the Uses mentioned in the same." Possibly +there were two acts this year. <i>Laws of New York, +1691–1773</i>, p. 186; <i>Doc. rel. Col. Hist. New York</i>, VI. +27.</p> + + +<p class="atitle">1735. Georgia: Prohibitive Act.</p> + +<p class="atext">An "act for rendering the colony of Georgia more defensible +by prohibiting the importation and use of +black slaves or negroes into the same." W.B. Stevens, +<i>History of Georgia</i>, I. 311; [B. Martyn], <i>Account +of the Progress of Georgia</i> (1741), pp. 9–10; +Prince Hoare, <i>Memoirs of Granville Sharp</i> (London, +1820), p. 157.</p> + + +<p class="atitle">1740, April 5. South Carolina: £100 Prohibitive Duty Act.</p> + +<p class="atext">"An Act for the better strengthening of this Province, +by granting to His Majesty certain taxes and +impositions on the purchasers of Negroes +imported," etc. The duty on slaves from America +was £150. Continued to 1744. Cooper, <i>Statutes</i>, +III. 556. Cf. <i>Abstract Evidence on Slave-Trade before +Committee of House of Commons, 1790–91</i> (London, +1791), p. 150.</p> + + +<p class="atitle">1740, May. Virginia: Additional Five per cent Duty Act.</p> + +<p class="atext">"An Act, for laying an additional Duty upon Slaves, to +be paid by the Buyer, for encouraging persons to +enlist in his Majesty's service: And for preventing +desertion." To continue until July 1, 1744. Hening, +<i>Statutes</i>, V. 92.</p> + + +<p class="atitle">1751, June 14. South Carolina: White Servants Encouraged.</p> + +<p class="atext">"An Act for the better strengthening of this Province, +by granting to His Majesty certain Taxes and Impositions +on the purchasers of Negroes and other +slaves imported, and for appropriating the same +to the uses therein mentioned, and for granting to +His Majesty a duty on Liquors and other Goods +and Merchandize, for the uses therein mentioned, +and for exempting the purchasers of Negroes and +<!-- Page 216 --><a name="Page_216" id="Page_216"></a>other slaves imported from payment of the Tax, +and the Liquors and other Goods and Merchandize +from the duties imposed by any former Act +or Acts of the General Assembly of this Province."</p> +<p class="pagenum">216</p> +<p class="atext">"Whereas, the best way to prevent the mischiefs that +may be attended by the great importation of negroes +into this Province, will be to establish a +method by which such importation should be +made a necessary means of introducing a proportionable +number of white inhabitants into the +same; therefore for the effectual raising and appropriating +a fund sufficient for the better settling +of this Province with white inhabitants, we, his +Majesty's most dutiful and loyal subjects, the +House of Assembly now met in General Assembly, +do cheerfully give and grant unto the King's +most excellent Majesty, his heirs and successors, +the several taxes and impositions hereinafter mentioned, +for the uses and to be raised, appropriated, +paid and applied as is hereinafter directed and +appointed, and not otherwise, and do humbly pray +his most sacred Majesty that it may be enacted,</p> + +<p class="atext">§ 1. "<i>And be it enacted</i>, by his Excellency James Glen, +Esquire, Governor in chief and Captain General +in and over the Province of South Carolina, by +and with the advice and consent of his Majesty's +honorable Council, and the House of Assembly of +the said Province, and by the authority of the +same, That from and immediately after the passing +of this Act, there shall be imposed on and +paid by all and every the inhabitants of this Province, +and other person and persons whosoever, +first purchasing any negro or other slave, hereafter +to be imported, a certain tax or sum of ten +pounds current money for every such negro and +other slave of the height of four feet two inches +and upwards; and for every one under that +height, and above three feet two inches, the sum +of five pounds like money; and for all under three +feet two inches, (sucking children excepted) two +<!-- Page 217 --><a name="Page_217" id="Page_217"></a>pounds and ten shillings like money, which every +such inhabitant of this Province, and other person +and persons whosoever shall so purchase or buy +as aforesaid, which said sums of ten pounds and +five pounds and two pounds and ten shillings respectively, +shall be paid by such purchaser for +every such slave, at the time of his, her or their +purchasing of the same, to the public treasurer of +this Province for the time being, for the uses hereinafter +mentioned, set down and appointed, under +pain of forfeiting all and every such negroes +and slaves, for which the said taxes or impositions +shall not be paid, pursuant to the directions of +this Act, to be sued for, recovered and applied in +the manner hereinafter directed."</p><p class="pagenum">217</p> + +<p class="atext">§ 6. "<i>And be it further enacted</i> by the authority aforesaid, +That the said tax hereby imposed on negroes +and other slaves, paid or to be paid by or on the +behalf of the purchasers as aforesaid, by virtue of +this Act, shall be applied and appropriated as followeth, +and to no other use, or in any other manner +whatever, (that is to say) that three-fifth parts +(the whole into five equal parts to be divided) of +the net sum arising by the said tax, for and during +the term of five years from the time of passing this +Act, be applied and the same is hereby applied for +payment of the sum of six pounds proclamation +money to every poor foreign protestant whatever +from Europe, or other poor protestant (his Majesty's +subject) who shall produce a certificate under +the seal of any corporation, or a certificate +under the hands of the minister and church-wardens +of any parish, or the minister and elders of +any church, meeting or congregation in Great +Britain or Ireland, of the good character of such +poor protestant, above the age of twelve and under +the age of fifty years, and for payment of the +sum of three pounds like money, to every such +poor protestant under the age of twelve and +above the age of two years; who shall come into +<!-- Page 218 --><a name="Page_218" id="Page_218"></a>this Province within the first three years of the +said term of five years, and settle on any part of +the southern frontier lying between Pon Pon and +Savannah rivers, or in the central parts of this +Province," etc. For the last two years the bounty +is £4 and £2.</p><p class="pagenum">218</p> + +<p class="atext">§ 7. After the expiration of this term of five years, the +sum is appropriated to the protestants settling +anywhere in the State, and the bounty is £2 13<i>s.</i> +4<i>d.</i>, and £1 6<i>s.</i> 8<i>d.</i></p> + +<p class="atext">§ 8. One other fifth of the tax is appropriated to survey +lands, and the remaining fifth as a bounty for +ship-building, and for encouraging the settlement +of ship-builders.</p> + +<p class="atext">§ 14. Rebate of three-fourths of the tax allowed in case +of re-exportation of the slaves in six months.</p> + +<p class="atext">§ 16. "<i>And be it further enacted</i> by the authority aforesaid, +That every person or persons who after the +passing this Act shall purchase any slave or slaves +which shall be brought or imported into this +Province, either by land or water, from any of his +Majesty's plantations or colonies in America, that +have been in any such colony or plantation for the +space of six months; and if such slave or slaves +have not been so long in such colony or plantation, +the importer shall be obliged to make oath +or produce a proper certificate thereof, or otherwise +every such importer shall pay a further tax or +imposition of fifty pounds, over and besides the +tax hereby imposed for every such slave which he +or they shall purchase as aforesaid." Actual settlers +bringing slaves are excepted.</p> + +<p class="atext">§ 41. This act to continue in force ten years from its +passage, and thence to the end of the next session +of the General Assembly, and no longer. Cooper, +<i>Statutes</i>, III. 739.</p> + + +<p class="atitle">1753, Dec. 12. New York: 5 oz. and 10 oz. plate Duty Act.</p> + +<p class="atext">"An Act for granting to His Majesty the several Duties +and Impositions, on Goods, Wares and Merchandizes +imported into this Colony, therein<!-- Page 219 --><a name="Page_219" id="Page_219"></a> +mentioned." Annually continued until 1767, or +perhaps until 1774. <i>Laws of New York, 1752–62</i>, +p. 21, ch. xxvii.; <i>Doc. rel. Col. Hist. New York</i>, VII. +907; VIII. 452.</p><p class="pagenum">219</p> + + +<p class="atitle">1754, February. Virginia: Additional Five per cent Duty +Act.</p> + +<p class="atext">"An Act for the encouragement and protection of the +settlers upon the waters of the Mississippi." For +three years; continued in 1755 and 1763; revived in +1772, and continued until 1778. Hening, <i>Statutes</i>, +VI. 417, 468; VII. 639; VIII. 530.</p> + + +<p class="atitle">1754, July 25. Maryland: Additional 10s. Duty Act.</p> + +<p class="atext">"An Act for his Majesty's Service." Bacon, <i>Laws</i>, 1754, +ch. ix.</p> + + +<p class="atitle">1755, May. Virginia: Additional Ten per cent Duty Act.</p> + +<p class="atext">"An act to explain an act, intituled, An act for raising +the sum of twenty thousand pounds, for the protection +of his majesty's subjects, against the insults +and encroachments of the French; and for +other purposes therein mentioned."</p> + +<p class="atext">§ 10. " ... from and after the passing of this act, +there shall be levied and paid to our sovereign +lord the king, his heirs and successors, for all +slaves imported, or brought into this colony and +dominion for sale, either by land or water, from +any part [port] or place whatsoever, by the buyer, +or purchaser, after the rate of ten per centum, on +the amount of each respective purchase, over and +above the several duties already laid on slaves, imported +as aforesaid, by an act or acts of Assembly, +now subsisting, and also over and above the duty +laid by" the Act of 1754. Repealed by Act of May, +1760, § 11, " ... inasmuch as the same prevents +the importation of slaves, and thereby lessens the +fund arising from the duties upon slaves." Hening, +<i>Statutes</i>, VI. 461; VII. 363. Cf. <i>Dinwiddie +Papers</i>, II. 86.</p> + + +<p class="atitle">1756, March 22. Maryland: Additional 20s. Duty Act.</p> + +<p class="atext">"An Act for granting a Supply of Forty Thousand +Pounds, for his Majesty's Service," etc. For five<!-- Page 220 --><a name="Page_220" id="Page_220"></a> +years. Bacon, <i>Laws</i>, 1756, ch. v.</p><p class="pagenum">220</p> + + +<p class="atitle">1757, April. Virginia: Additional Ten per cent Duty Act.</p> + +<p class="atext">"An Act for granting an aid to his majesty for the +better protection of this colony, and for other +purposes therein mentioned."</p> + +<p class="atext">§ 22. " ... from and after the ninth day of July, one +thousand seven hundred and fifty-eight, during +the term of seven years, there shall be paid for all +slaves imported into this colony, for sale, either by +land or water, from any port or place whatsoever, +by the buyer or purchaser thereof, after the rate +of ten per centum on the amount of each respective +purchase, over and above the several duties +already laid upon slaves imported, as aforesaid, by +any act or acts of Assembly now subsisting in this +colony," etc. Repealed by Act of March, 1761, § 6, +as being "found very inconvenient." Hening, +<i>Statutes</i>, VII. 69, 383.</p> + + +<p class="atitle">1759, November. Virginia: Twenty per cent Duty Act.</p> + +<p class="atext">"An Act to oblige the persons bringing slaves into this +colony from Maryland, Carolina, and the West-Indies, +for their own use, to pay a duty."</p> + +<p class="atext">§ 1. " ... from and after the passing of this act, there +shall be paid ... for all slaves imported or +brought into this colony and dominion from +Maryland, North-Carolina, or any other place in +America, by the owner or importer thereof, after +the rate of twenty per centum on the amount of +each respective purchase," etc. This act to continue +until April 20, 1767; continued in 1766 and +1769, until 1773; altered by Act of 1772, <i>q.v. Ibid.</i>, +VII. 338; VIII. 191, 336.</p> + + +<p class="atitle">1760. South Carolina: Total Prohibition.</p> + +<p class="atext">Text not found; act disallowed by Great Britain. Cf. +Burge, <i>Commentaries</i>, I. 737, note; W.B. Stevens, +<i>History of Georgia</i>, I. 286.</p> + + +<p class="atitle">1761, March 14. Pennsylvania: £10 Duty Act.</p> + +<p class="atext">"An Act for laying a duty on Negroes and Mulattoe +slaves, imported into this province." Continued in +1768; repealed (or disallowed) in 1780. Carey and<!-- Page 221 --><a name="Page_221" id="Page_221"></a> +Bioren, <i>Laws</i>, I. 371, 451; <i>Acts of Assembly</i> (ed. +1782), p. 149; <i>Colonial Records</i> (1852), VIII. 576.</p><p class="pagenum">221</p> + + +<p class="atitle">1761, April 22. Pennsylvania: Prohibitive Duty Act.</p> + +<p class="atext">"A Supplement to an act, entituled An Act for laying +a duty on Negroes and Mulattoe slaves, imported +into this province." Continued in 1768. Carey +and Bioren, <i>Laws</i>, I. 371, 451; Bettle, <i>Notices of +Negro Slavery</i>, in <i>Penn. Hist. Soc. Mem.</i> (1864), I. +388–9.</p> + + +<p class="atitle">1763, Nov. 26. Maryland: Additional £2 Duty Act.</p> + +<p class="atext">"An Act for imposing an additional Duty of Two +Pounds per Poll on all Negroes Imported into this +Province."</p> + +<p class="atext">§ 1. All persons importing Negroes by land or water +into this province, shall at the time of entry pay +to the naval officer the sum of two pounds, current +money, over and above the duties now payable +by law, for every Negro so imported or +brought in, on forfeiture of £10 current money +for every Negro so brought in and not paid for. +One half of the penalty is to go to the informer, +the other half to the use of the county schools. +The duty shall be collected, accounted for, and +paid by the naval officers, in the same manner as +former duties on Negroes.</p> + +<p class="atext">§ 2. But persons removing from any other of his Majesty's +dominions in order to settle and reside +within this province, may import their slaves for +carrying on their proper occupations at the time +of removal, duty free.</p> + +<p class="atext">§ 3. Importers of Negroes, exporting the same within +two months of the time of their importation, on +application to the naval officer shall be paid the +aforesaid duty. Bacon, <i>Laws</i>, 1763, ch. xxviii.</p> + + +<p class="atitle">1763 (<i>circa</i>). New Jersey: Prohibitive Duty Act.</p> + +<p class="atext">"An Act for laying a duty on Negroes and Mulatto +Slaves Imported into this Province." Disallowed +(?) by Great Britain. <i>N.J. Archives</i>, IX. 345–6, 383, +447, 458.</p> +<p class="pagenum">222<!-- Page 222 --><a name="Page_222" id="Page_222"></a></p> + +<p class="atitle">1764, Aug. 25. South Carolina: Additional £100 Duty Act.</p> + +<p class="atext">"An Act for laying an additional duty upon all Negroes +hereafter to be imported into this Province, +for the time therein mentioned, to be paid by the +first purchasers of such Negroes." Cooper, <i>Statutes</i>, +IV 187.</p> + + +<p class="atitle">1766, November. Virginia: Proposed Duty Act.</p> + +<p class="atext">"An act for laying an additional duty upon slaves imported +into this colony."</p> + +<p class="atext">§ 1. " ... from and after the passing of this act there +shall be levied and paid ... for all slaves imported +or brought into this colony for sale, either +by land or water from any port or place whatsoever, +by the buyer or purchaser, after the rate of +ten per centum on the amount of each respective +purchase over and above the several duties already +laid upon slaves imported or brought into this +colony as aforesaid," etc. To be suspended until +the king's consent is given, and then to continue +seven years. The same act was passed again in +1769. Hening, <i>Statutes</i>, VIII. 237, 337.</p> + + +<p class="atitle">1766. Rhode Island: Restrictive Measure (?).</p> + +<p class="atext">Title and text not found. Cf. <i>Digest</i> of 1798, under +"Slave Trade;" <i>Public Laws of Rhode Island</i> (revision +of 1822), p. 441.</p> + + +<p class="atitle">1768, Feb. 20. Pennsylvania: Re-enactment of Acts of 1761.</p> + +<p class="atext">Titles only found. Dallas, <i>Laws</i>, I. 490; <i>Colonial Records</i> +(1852), IX. 472, 637, 641.</p> + + +<p class="atitle">1769, Nov. 16. New Jersey: £15 Duty Act.</p> + +<p class="atext">"An Act for laying a Duty on the Purchasers of Slaves +imported into this Colony."</p> + +<p class="atext">"Whereas Duties on the Importation of Negroes in +several of the neighbouring Colonies hath, on Experience, +been found beneficial in the Introduction +of sober, industrious Foreigners, to settle +under His Majesty's Allegiance, and the promoting +a Spirit of Industry among the Inhabitants in +general: <i>In order therefore</i> to promote the same +good Designs in this Government, and that such +as choose to purchase Slaves may contribute some +equitable Proportion of the publick Burdens," etc. +<!-- Page 223 --><a name="Page_223" id="Page_223"></a>A duty of "<i>Fifteen Pounds</i>, Proclamation Money, +is laid." <i>Acts of Assembly</i> (Allinson, 1776), p. 315.</p> +<p class="pagenum">223</p> + + +<p class="atitle">1769 (circa). Connecticut: Importation Prohibited (?).</p> + +<p class="atext">Title and text not found. "Whereas, the increase of +slaves is injurious to the poor, and inconvenient, +therefore," etc. Fowler, <i>Historical Status of the Negro +in Connecticut</i>, in <i>Local Law</i>, etc., p. 125.</p> + + +<p class="atitle">1770. Rhode Island: Bill to Prohibit Importation.</p> + +<p class="atext">Bill to prohibit importation of slaves fails. Arnold, +<i>History of Rhode Island</i> (1859), II. 304, 321, 337.</p> + + +<p class="atitle">1771, April 12. Massachusetts: Bill to Prevent Importation.</p> + +<p class="atext">Bill passes both houses and fails of Governor Hutchinson's +assent. <i>House Journal</i>, pp. 211, 215, 219, 228, +234, 236, 240, 242–3.</p> + + +<p class="atitle">1771. Maryland: Additional £5 Duty Act.</p> + +<p class="atext">"An Act for imposing a further additional duty of five +pounds current money per poll on all negroes imported +into this province." For seven years. <i>Laws +of Maryland since 1763</i>: 1771, ch. vii.; cf. 1773, sess. +Nov.-Dec., ch. xiv.</p> + + +<p class="atitle">1772, April 1. Virginia: Address to the King.</p> + +<p class="atext">" ... The importation of slaves into the colonies +from the coast of Africa hath long been considered +as a trade of great inhumanity, and under its +<i>present encouragement</i>, we have too much reason +to fear <i>will endanger the very existence</i> of your majesty's +American dominions....</p> + +<p class="atext">"Deeply impressed with these sentiments, we most +humbly beseech your majesty to <i>remove all those +restraints</i> on your majesty's governors of this colony, +<i>which inhibit their assenting to such laws as +might check so very pernicious a commerce</i>." <i>Journals +of the House of Burgesses</i>, p. 131; quoted in Tucker, +<i>Dissertation on Slavery</i> (repr. 1861), p. 43.</p> + + +<p class="atitle">1773, Feb. 26. Pennsylvania: Additional £10 Duty Act.</p> + +<p class="atext">"An Act for making perpetual the act ... [of 1761] +... and laying an additional duty on the said +slaves." Dallas, <i>Laws</i>, I. 671; <i>Acts of Assembly</i> (ed. +1782), p. 149.</p> +<p class="pagenum">224<!-- Page 224 --><a name="Page_224" id="Page_224"></a></p> + +<p class="atitle">1774, March, June. Massachusetts: Bills to Prohibit Importation.</p> + +<p class="atext">Two bills designed to prohibit the importation of +slaves fail of the governor's assent. First bill: <i>General +Court Records</i>, XXX. 248, 264; <i>Mass. Archives, +Domestic Relations, 1643–1774</i>, IX. 457. Second bill: +<i>General Court Records</i>, XXX. 308, 322.</p> + + +<p class="atitle">1774, June. Rhode Island: Importation Restricted.</p> + +<p class="atext">"An Act prohibiting the importation of Negroes into +this Colony."</p> + +<p class="atext">"Whereas, the inhabitants of America are generally engaged +in the preservation of their own rights and +liberties, among which, that of personal freedom +must be considered as the greatest; as those who +are desirous of enjoying all the advantages of liberty +themselves, should be willing to extend personal +liberty to others;—</p> + +<p class="atext">"Therefore, be it enacted ... that for the future, no +negro or mulatto slave shall be brought into this +colony; and in case any slave shall hereafter be +brought in, he or she shall be, and are hereby, +rendered immediately free, so far as respects personal +freedom, and the enjoyment of private +property, in the same manner as the native Indians."</p> + +<p class="atext">"Provided that the slaves of settlers and travellers be +excepted.</p> + +<p class="atext">"Provided, also, that nothing in this act shall extend, +or be deemed to extend, to any negro or mulatto +slave brought from the coast of Africa, into the +West Indies, on board any vessel belonging to this +colony, and which negro or mulatto slave could +not be disposed of in the West Indies, but shall be +brought into this colony.</p> + +<p class="atext">"Provided, that the owner of such negro or mulatto +slave give bond to the general treasurer of the said +colony, within ten days after such arrival in the +sum of £100, lawful money, for each and every +such negro or mulatto slave so brought in, that +such negro or mulatto slave shall be exported out +of the colony, within one year from the date of +<!-- Page 225 --><a name="Page_225" id="Page_225"></a>such bond; if such negro or mulatto be alive, and +in a condition to be removed."</p><p class="pagenum">225</p> + +<p class="atext">"Provided, also, that nothing in this act shall extend, +or be deemed to extend, to any negro or mulatto +slave that may be on board any vessel belonging +to this colony, now at sea, in her present voyage." +Heavy penalties are laid for bringing in Negroes +in order to free them. <i>Colonial Records</i>, VII. +251–3.</p> + +<p class="atext">[1784, February: "It is voted and resolved, that the +whole of the clause contained in an act of this Assembly, +passed at June session, <span class="smcap">a.d.</span> 1774, permitting +slaves brought from the coast of Africa +into the West Indies, on board any vessel belonging +to this (then colony, now) state, and who +could not be disposed of in the West Indies, &c., +be, and the same is, hereby repealed." <i>Colonial +Records</i>, X. 8.]</p> + + +<p class="atitle">1774, October. Connecticut: Importation Prohibited.</p> + +<p class="atext">"An Act for prohibiting the Importation of Indian, +Negro or Molatto Slaves."</p> + +<p class="atext">" ... no indian, negro or molatto Slave shall at any +time hereafter be brought or imported into this +Colony, by sea or land, from any place or places +whatsoever, to be disposed of, left or sold within +this Colony." This was re-enacted in the revision +of 1784, and slaves born after 1784 were ordered +to be emancipated at the age of twenty-five. <i>Colonial +Records</i>, XIV. 329; <i>Acts and Laws of Connecticut</i> +(ed. 1784), pp. 233–4.</p> + + +<p class="atitle">1774. New Jersey: Proposed Prohibitive Duty.</p> + +<p class="atext">"A Bill for laying a Duty on Indian, Negroe and Molatto +Slaves, imported into this Colony." Passed +the Assembly, and was rejected by the Council as +"plainly" intending "an intire Prohibition," etc. +<i>N.J. Archives</i>, 1st Series, VI. 222.</p> + + +<p class="atitle">1775, March 27. Delaware: Bill to Prohibit Importation.</p> + +<p class="atext">Passed the Assembly and was vetoed by the governor. +Force, <i>American Archives</i>, 4th Series, II. 128–9.</p> +<p class="pagenum"><!-- Page 226 --><a name="Page_226" id="Page_226"></a>226</p> + +<p class="atitle">1775, Nov. 23. Virginia: On Lord Dunmore's Proclamation.</p> + +<p class="atext">Williamsburg Convention to the public: "Our Assemblies +have repeatedly passed acts, laying heavy duties +upon imported Negroes, by which they meant +altogether to prevent the horrid traffick; but their +humane intentions have been as often frustrated +by the cruelty and covetousness of a set of <i>English</i> +merchants." ... The Americans would, if possible, +"not only prevent any more Negroes from +losing their freedom, but restore it to such as have +already unhappily lost it." This is evidently addressed +in part to Negroes, to keep them from +joining the British. <i>Ibid.</i>, III. 1387.</p> + + +<p class="atitle">1776, June 29. Virginia: Preamble to Frame of Government.</p> + +<p class="atext">Blame for the slave-trade thrown on the king. See +above, page 21. Hening, <i>Statutes</i>, IX. 112–3.</p> + + +<p class="atitle">1776, Aug.-Sept. Delaware: Constitution.</p> + +<p class="atext">"The Constitution or system of Government agreed to +and resolved upon by the Representatives in full +Convention of the Delaware State," etc.</p> + + +<p class="atext">§ 26. "No person hereafter imported into this State +from <i>Africa</i> ought to be held in slavery on any +pretence whatever; and no Negro, Indian, or Mulatto +slave ought to be brought into this State, for +sale, from any part of the world." Force, <i>American +Archives</i>, 5th Series, I. 1174–9.</p> + + +<p class="atitle">1777, July 2. Vermont: Slavery Condemned.</p> + +<p class="atext">The first Constitution declares slavery a violation of +"natural, inherent and unalienable rights." <i>Vermont +State Papers, 1779–86</i>, p. 244.</p> + + +<p class="atitle">1777. Maryland: Negro Duty Maintained.</p> + +<p class="atext">"An Act concerning duties."</p> + +<p class="atext">" ... no duties imposed by act of assembly on any +article or thing imported into or exported out of +this state (except duties imposed on the importation +of negroes), shall be taken or received within +two years from the end of the present session of +the general assembly." <i>Laws of Maryland since 1763</i>: +1777, sess. Feb.-Apr., ch. xviii.</p> +<p><span class="pagenum">227</span><!-- Page 227 --><a name="Page_227" id="Page_227"></a></p> + +<p class="atitle">1778, Sept. 7. Pennsylvania: Act to Collect Back Duties.</p> + +<p class="atext">"An Act for the recovery of the duties on Negroes +and Mulattoe slaves, which on the fourth day of +July, one thousand seven hundred and seventy-six, +were due to this state," etc. Dallas, <i>Laws</i>, I. +782.</p> + + +<p class="atitle">1778, October. Virginia: Importation Prohibited.</p> + +<p class="atext">"An act for preventing the farther importation of +Slaves.</p> + +<p class="atext">§ 1. "For preventing the farther importation of slaves +into this commonwealth, <i>Be it enacted by the General +Assembly</i>, That from and after the passing of +this act no slave or slaves shall hereafter be imported +into this commonwealth by sea or land, +nor shall any slaves so imported be sold or bought +by any person whatsoever.</p> + +<p class="atext">§ 2. "Every person hereafter importing slaves into this +commonwealth contrary to this act shall forfeit +and pay the sum of one thousand pounds for +every slave so imported, and every person selling +or buying any such slaves shall in like manner forfeit +and pay the sum of five hundred pounds for +every slave so sold or bought," etc.</p> + +<p class="atext">§ 3. "<i>And be it farther enacted</i>, That every slave imported +into this commonwealth, contrary to the +true intent and meaning of this act, shall, upon +such importation become free."</p> + +<p class="atext">§ 4. Exceptions are <i>bona fide</i> settlers with slaves not +imported later than Nov. 1, 1778, nor intended to +be sold; and transient travellers. Re-enacted in +substance in the revision of October, 1785. For a +temporary exception to this act, as concerns citizens +of Georgia and South Carolina during the +war, see Act of May, 1780. Hening, <i>Statutes</i>, IX. +471; X. 307; XII. 182.</p> + + +<p class="atitle">1779, October. Rhode Island: Slave-Trade Restricted.</p> + +<p class="atext">"An Act prohibiting slaves being sold out of the state, +against their consent." Title only found. <i>Colonial +Records</i>, VIII. 618; Arnold, <i>History of Rhode Island</i>, +II. 449.</p> +<p><span class="pagenum"><!-- Page 228 -->228</span><a name="Page_228" id="Page_228"></a></p> + +<p class="atitle">1779. Vermont: Importation Prohibited.</p> + +<p class="atext">"An Act for securing the general privileges of the people," +etc. The act abolished slavery. <i>Vermont State +Papers, 1779–86</i>, p. 287.</p> + + +<p class="atitle">1780. Massachusetts: Slavery Abolished.</p> + +<p class="atext">Passage in the Constitution which was held by the +courts to abolish slavery: "Art. I. All men are born +free and equal, and have certain, natural, essential, +and unalienable rights; among which may be +reckoned the right of enjoying and defending +their lives and liberties," etc. <i>Constitution of Massachusetts</i>, +Part I., Art. 1; prefixed to <i>Perpetual +Laws</i> (1789).</p> + + +<p class="atitle">1780, March 1. Pennsylvania: Slavery Abolished.</p> + +<p class="atext">"An Act for the gradual abolition of slavery."</p> + +<p class="atext">§ 5. All slaves to be registered before Nov. 1.</p> + +<p class="atext">§ 10. None but slaves "registered as aforesaid, shall, +at any time hereafter, be deemed, adjudged, or +holden, within the territories of this commonwealth, +as slaves or servants for life, but as free +men and free women; except the domestic slaves +attending upon Delegates in Congress from the +other American States," and those of travellers not +remaining over six months, foreign ministers, etc., +"provided such domestic slaves be not aliened or +sold to any inhabitant," etc.</p> + +<p class="atext">§ 11. Fugitive slaves from other states may be taken +back.</p> + +<p class="atext">§ 14. Former duty acts, etc., repealed. Dallas, <i>Laws</i>, I. +838. Cf. <i>Penn. Archives</i>, VII. 79; VIII. 720.</p> + + +<p class="atitle">1783, April. Confederation: Slave-Trade in Treaty of 1783.</p> + +<p class="atext">"To the earnest wish of Jay that British ships should +have no right under the convention to carry into +the states any slaves from any part of the world, it +being the intention of the United States entirely +to prohibit their importation, Fox answered +promptly: 'If that be their policy, it never can be +competent to us to dispute with them their own +regulations.'" Fox to Hartley, June 10, 1783, in +Bancroft, <i>History of the Constitution</i>, I. 61. Cf. +Sparks, <i>Diplomatic Correspondence</i>, X. 154, June,<!-- Page 229 --><a name="Page_229" id="Page_229"></a> +1783.</p><p class="pagenum">229</p> + + +<p class="atitle">1783. Maryland: Importation Prohibited.</p> + +<p class="atext">"An Act to prohibit the bringing slaves into this +state."</p> + +<p class="atext">" ... it shall not be lawful, after the passing this act, +to import or bring into this state, by land or +water, any negro, mulatto, or other slave, for +sale, or to reside within this state; and any person +brought into this state as a slave contrary to +this act, if a slave before, shall thereupon immediately +cease to be a slave, and shall be free; provided +that this act shall not prohibit any person, +being a citizen of some one of the United States, +coming into this state, with a <i>bona fide</i> intention +of settling therein, and who shall actually reside +within this state for one year at least, ... to import +or bring in any slave or slaves which before +belonged to such person, and which slave or +slaves had been an inhabitant of some one of the +United States, for the space of three whole years +next preceding such importation," etc. <i>Laws of +Maryland since 1763</i>: 1783, sess. April—June, ch. +xxiii.</p> + + +<p class="atitle">1783, Aug. 13. South Carolina: £3 and £20 Duty Act.</p> + +<p class="atext">"An Act for levying and collecting certain duties and +imposts therein mentioned, in aid of the public +revenue." Cooper, <i>Statutes</i>, IV. 576.</p> + + +<p class="atitle">1784, February. Rhode Island: Manumission.</p> + +<p class="atext">"An Act authorizing the manumission of negroes, mulattoes, +and others, and for the gradual abolition +of slavery." Persons born after March, 1784, to be +free. Bill framed pursuant to a petition of Quakers. +<i>Colonial Records</i>, X. 7–8; Arnold, <i>History of +Rhode Island</i>, II. 503.</p> + + +<p class="atitle">1784, March 26. South Carolina: £3 and £5 Duty Act.</p> + +<p class="atext">"An Act for levying and collecting certain Duties," etc. +Cooper, <i>Statutes</i>, IV. 607.</p> + + +<p class="atitle">1785, April 12. New York: Partial Prohibition.</p> + +<p class="atext">"An Act granting a bounty on hemp to be raised +within this State, and imposing an additional duty +<!-- Page 230 --><a name="Page_230" id="Page_230"></a>on sundry articles of merchandise, and for other +purposes therein mentioned."</p><p class="pagenum">230</p> + +<p class="atext">" ... <i>And be it further enacted by the authority aforesaid</i>, +That if any negro or other person to be imported +or brought into this State from any of the +United States or from any other place or country +after the first day of June next, shall be sold as a +slave or slaves within this State, the seller or his +or her factor or agent, shall be deemed guilty of a +public offence, and shall for every such offence +forfeit the sum of one hundred pounds lawful +money of New York, to be recovered by any person," +etc.</p> + +<p class="atext">"<i>And be it further enacted</i>.... That every such person +imported or brought into this State and sold contrary +to the true intent and meaning of this act +shall be freed." <i>Laws of New York, 1785–88</i> (ed. +1886), pp. 120–21.</p> + + +<p class="atitle">1785. Rhode Island: Restrictive Measure (?).</p> + +<p class="atext">Title and text not found. Cf. <i>Public Laws of Rhode Island</i> +(revision of 1822), p. 441.</p> + + +<p class="atitle">1786, March 2. New Jersey: Importation Prohibited.</p> + +<p class="atext">"An Act to prevent the importation of Slaves into the +State of New Jersey, and to authorize the Manumission +of them under certain restrictions, and to +prevent the Abuse of Slaves."</p> + +<p class="atext">"Whereas the Principles of Justice and Humanity require +that the barbarous Custom of bringing the +unoffending African from his native Country and +Connections into a State of Slavery ought to be +discountenanced, and as soon as possible prevented; +and sound Policy also requires, in order +to afford ample Support to such of the Community +as depend upon their Labour for their daily +Subsistence, that the Importation of Slaves into +this State from any other State or Country whatsoever, +ought to be prohibited under certain Restrictions; +and that such as are under Servitude in +the State ought to be protected by Law from +those Exercises of Wanton Cruelty too often practiced +<!-- Page 231 --><a name="Page_231" id="Page_231"></a>upon them; and that every unnecessary Obstruction +in the Way of freeing Slaves should be +removed; therefore,</p><p class="pagenum">231</p> + +<p class="atext">§ 1. "<i>Be it Enacted by the Council and General Assembly +of this State, and it is hereby Enacted by the Authority +of the same</i>, That from and after the Publication +of this Act, it shall not be lawful for any Person +or Persons whatsoever to bring into this State, either +for Sale or for Servitude, any Negro Slave +brought from Africa since the Year Seventeen +Hundred and Seventy-six; and every Person offending +by bringing into this State any such Negro +Slave shall, for each Slave, forfeit and Pay the +Sum of Fifty Pounds, to be sued for and recovered +with Costs by the Collector of the Township +into which such Slave shall be brought, to be applied +when recovered to the Use of the State.</p> + +<p class="atext">§ 2. "<i>And be it further Enacted by the Authority aforesaid</i>, +That if any Person shall either bring or procure +to be brought into this State, any Negro or +Mulatto Slave, who shall not have been born in +or brought from Africa since the Year above mentioned, +and either sell or buy, or cause such Negro +or Mulatto Slave to be sold or remain in this +State, for the Space of six Months, every such Person +so bringing or procuring to be brought or +selling or purchasing such Slave, not born in or +brought from Africa since the Year aforesaid, shall +for every such Slave, forfeit and pay the Sum of +Twenty Pounds, to be sued for and recovered +with Costs by the Collector of the Township into +which such Slave shall be brought or remain after +the Time limited for that Purpose, the Forfeiture +to be applied to the Use of the State as aforesaid.</p> + +<p class="atext">§ 3. "<i>Provided always, and be it further Enacted by the +Authority aforesaid</i>, That Nothing in this Act contained +shall be construed to prevent any Person +who shall remove into the State, to take a settled +Residence here, from bringing all his or her Slaves +without incurring the Penalties aforesaid, excepting +<!-- Page 232 --><a name="Page_232" id="Page_232"></a>such Slaves as shall have been brought from +Africa since the Year first above mentioned, or to +prevent any Foreigners or others having only a +temporary Residence in this State, for the Purpose +of transacting any particular Business, or on +their Travels, from bringing and employing such +Slaves as Servants, during the Time of his or her +Stay here, provided such Slaves shall not be sold +or disposed of in this State." <i>Acts of the Tenth +General Assembly</i> (Tower Collection of Laws).</p><p class="pagenum">232</p> + + +<p class="atitle">1786, Oct. 30. Vermont: External Trade Prohibited.</p> + +<p class="atext">"An act to prevent the sale and transportation of Negroes +and Molattoes out of this State." £100 penalty. +<i>Statutes of Vermont</i> (ed. 1787), p. 105.</p> + + +<p class="atitle">1786. North Carolina: Prohibitive Duty.</p> + +<p class="atext">"An act to impose a duty on all slaves brought into +this state by land or water."</p> + +<p class="atext">"Whereas the importation of slaves into this state is +productive of evil consequences, and highly impolitic," +etc. A prohibitive duty is imposed. The +exact text was not found.</p> + +<p class="atext">§ 6. Slaves introduced from States which have passed +emancipation acts are to be returned in three +months; if not, a bond of £50 is to be forfeited, +and a fine of £100 imposed.</p> + +<p class="atext">§ 8. Act to take effect next Feb. 1; repealed by Act of +1790, ch. 18. Martin, <i>Iredell's Acts of Assembly</i>, I. +413, 492.</p> + + +<p class="atitle">1787, Feb. 3. Delaware: Exportation Prohibited.</p> + +<p class="atext">"An Act to prevent the exportation of slaves, and for +other purposes." <i>Laws of Delaware</i> (ed. 1797), +p. 884, ch. 145 b.</p> + + +<p class="atitle">1787, March 28. South Carolina: Total Prohibition.</p> + +<p class="atext">"An Act to regulate the recovery and payment of debts +and for prohibiting the importation of negroes +for the time therein mentioned." Title only given. +Grimké, <i>Public Laws</i>, p. lxviii, No. 1485.</p> + + +<p class="atitle">1787, March 28. South Carolina: Importation Prohibited.</p> + +<p class="atext">"An Ordinance to impose a Penalty on any person +who shall import into this State any Negroes,contrary to the Instalment Act."</p> +<p><!-- Page 233 --><a name="Page_233" id="Page_233"></a><span class="pagenum">233</span></p> + +<p class="atext">1. "<i>Be it ordained</i>, by the honorable the Senate and +House of Representatives, met in General Assembly, +and by the authority of the same, That any +person importing or bringing into this State a negro +slave, contrary to the Act to regulate the recovery +of debts and prohibiting the importation +of negroes, shall, besides the forfeiture of such negro +or slave, be liable to a penalty of one hundred +pounds, to the use of the State, for every such +negro or slave so imported and brought in, in +addition to the forfeiture in and by the said Act +prescribed." Cooper, <i>Statutes</i>, VII. 430.</p> + + +<p class="atitle">1787, October. Rhode Island: Importation Prohibited.</p> + +<p class="atext">"An act to prevent the slave trade and to encourage +the abolition of slavery." This act prohibited and +censured trade under penalty of £100 for each +person and £1,000 for each vessel. Bartlett, <i>Index +to the Printed Acts and Resolves</i>, p. 333; <i>Narragansett +Historical Register</i>, II. 298–9.</p> +<!-- Page 234 --><p><span class="pagenum">234</span><a name="Page_234" id="Page_234"></a></p> + + +<hr /> +<h2><a name="APPENDIX_B" id="APPENDIX_B"></a>APPENDIX B.</h2> + +<h3>A CHRONOLOGICAL CONSPECTUS OF STATE, +NATIONAL, AND INTERNATIONAL +LEGISLATION.<br /> +1788–1871.</h3> + + +<p>As the State statutes and Congressional reports and bills are difficult to find, +the significant parts of such documents are printed in full. In the case of +national statutes and treaties, the texts may easily be found through the +references.</p> + + +<p class="atitle">1788, Feb. 22. New York: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act concerning slaves."</p> + +<p class="atext">"Whereas in consequence of the act directing a revision +of the laws of this State, it is expedient that +the several existing laws relative to slaves, should +be revised, and comprized in one. Therefore, <i>Be +it enacted</i>," etc.</p> + +<p class="atext">"And to prevent the further importation of slaves into +this State, <i>Be it further enacted by the authority +aforesaid</i>, That if any person shall sell as a slave +within this State any negro, or other person, who +has been imported or brought into this State, after" +June 1, 1785, "such seller, or his or her factor +or agent, making such sale, shall be deemed guilty +of a public offence, and shall for every such offence, +forfeit the sum of one hundred pounds.... +<i>And further</i>, That every person so imported +... shall be free." The purchase of slaves for removal +to another State is prohibited under penalty +of £100. <i>Laws of New York, 1785–88</i> (ed. 1886), +pp. 675–6.</p> + + +<p class="atitle">1788, March 25. Massachusetts: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act to prevent the Slave-Trade, and for granting +Relief to the Families of such unhappy Persons as +may be kidnapped or decoyed away from this +Commonwealth."</p> + +<p class="atext">"Whereas by the African trade for slaves, the lives and +liberties of many innocent persons have been from +time to time sacrificed to the lust of gain: And +whereas some persons residing in this Commonwealth +may be so regardless of the rights of human +kind, as to be concerned in that unrighteous +commerce:</p> +<!-- Page 235 --><p><span class="pagenum">235</span><a name="Page_235" id="Page_235"></a></p> + +<p class="atext">§ 1. "Be it therefore enacted by the Senate and House +of Representatives, in General Court assembled, +and by the authority of the same, That no citizen +of this Commonwealth, or other person residing +within the same, shall for himself, or any other +person whatsoever, either as master, factor, supercargo, +owner or hirer, in whole or in part, of any +vessel, directly or indirectly, import or transport, +or buy or sell, or receive on board, his or their +vessel, with intent to cause to be imported or +transported, any of the inhabitants of any State or +Kingdom, in that part of the world called <i>Africa</i>, +as slaves, or as servants for term of years." Any +person convicted of doing this shall forfeit and +pay the sum of £50 for every person received on +board, and the sum of £200 for every vessel fitted +out for the trade, "to be recovered by action of +debt, in any Court within this Commonwealth, +proper to try the same; the one moiety thereof to +the use of this Commonwealth, and the other +moiety to the person who shall prosecute for and +recover the same."</p> + +<p class="atext">§ 2. All insurance on said vessels and cargo shall be null +and void; "and this act may be given in evidence +under the general issue, in any suit or action commenced +for the recovery of insurance so made," etc.</p> + +<p class="atext">§ 4. "<i>Provided</i> ... That this act do not extend to vessels +which have already sailed, their owners, factors, +or commanders, for and during their present +voyage, or to any insurance that shall have been +made, previous to the passing of the same." <i>Perpetual +Laws of Massachusetts, 1780–89</i> (ed. 1789), +p. 235.</p> + + +<p class="atitle">1788, March 29. Pennsylvania: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act to explain and amend an act, entituled, 'An +Act for the gradual abolition of slavery.'"</p> +<!-- Page 236 --><p><span class="pagenum">236</span><a name="Page_236" id="Page_236"></a></p> +<p class="atext">§ 2. Slaves brought in by persons intending to settle +shall be free.</p> + +<p class="atext">§ 3. " ... no negro or mulatto slave, or servant for +term of years," except servants of congressmen, +consuls, etc., "shall be removed out of this state, +with the design and intention that the place of +abode or residence of such slave or servant shall +be thereby altered or changed, or with the design +and intention that such slave or servant, if a female, +and pregnant, shall be detained and kept +out of this state till her delivery of the child of +which she is or shall be pregnant, or with the design +and intention that such slave or servant shall +be brought again into this state, after the expiration +of six months from the time of such slave or +servant having been first brought into this state, +without his or her consent, if of full age, testified +upon a private examination, before two Justices of +the peace of the city or county in which he or she +shall reside, or, being under the age of twenty-one +years, without his or her consent, testified in manner +aforesaid, and also without the consent of his +or her parents," etc. Penalty for every such offence, +£75.</p> + +<p class="atext">§ 5. " ... if any person or persons shall build, fit, +equip, man, or otherwise prepare any ship or vessel, +within any port of this state, or shall cause any +ship or other vessel to sail from any port of this +state, for the purpose of carrying on a trade or +traffic in slaves, to, from, or between Europe, +Asia, Africa or America, or any places or countries +whatever, or of transporting slaves to or from one +port or place to another, in any part or parts of +the world, such ship or vessel, her tackle, furniture, +apparel, and other appurtenances, shall be +forfeited to the commonwealth.... And, moreover, +all and every person and persons so building, +fitting out," etc., shall forfeit £1000. Dallas, +<i>Laws</i>, II. 586.</p> +<!-- Page 237 --><p><span class="pagenum">237</span><a name="Page_237" id="Page_237"></a></p> + +<p class="atitle">1788, October. Connecticut: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act to prevent the Slave-Trade."</p> + +<p class="atext"><i>"Be it enacted by the Governor, Council and Representatives +in General Court assembled, and by the Authority +of the same</i>, That no Citizen or Inhabitant +of this State, shall for himself, or any other Person, +either as Master, Factor, Supercargo, Owner +or Hirer, in Whole, or in Part, of any Vessel, directly +or indirectly, import or transport, or buy +or sell, or receive on board his or her Vessel, +with Intent to cause to be imported or transported, +any of the Inhabitants of any Country in +Africa, as Slaves or Servants, for Term of Years; +upon Penalty of <i>Fifty Pounds</i>, for every Person so +received on board, as aforesaid; and of <i>Five +Hundred Pounds</i> for every such Vessel employed +in the Importation or Transportation aforesaid; +to be recovered by Action, Bill, Plaint or Information; +the one Half to the Plaintiff, and the other +Half to the Use of this State." And all insurance +on vessels and slaves shall be void. This act to +be given as evidence under general issue, in any +suit commenced for recovery of such insurance.</p> + +<p class="atext">" ... if any Person shall kidnap ... any free Negro," +etc., inhabitant of this State, he shall forfeit £100. +Every vessel clearing for the coast of Africa or any +other part of the world, and suspected to be in +the slave-trade, must give bond in £1000. Slightly +amended in 1789. <i>Acts and Laws of Connecticut</i> (ed. +1784), pp. 368–9, 388.</p> + + +<p class="atitle">1788, Nov. 4. South Carolina: Temporary Prohibition.</p> + +<p class="atext">"An Act to regulate the Payment and Recovery of +Debts, and to prohibit the Importation of Negroes, +for the Time therein limited."</p> + +<p class="atext">§ 16. "No negro or other slave shall be imported or +brought into this State either by land or water on +or before the first of January, 1793, under the penalty +of forfeiting every such slave or slaves to any +person who will sue or inform for the same; and +under further penalty of paying £100 to the use +<!-- Page 238 --><a name="Page_238" id="Page_238"></a>of the State for every such negro or slave so imported +or brought in: <i>Provided</i>, That nothing in +this prohibition contained shall extend to such +slaves as are now the property of citizens of the +United States, and at the time of passing this act +shall be within the limits of the said United States.</p><p class="pagenum">238</p> + +<p class="atext">§ 17. "All former instalment laws, and an ordinance +imposing a penalty on persons importing negroes +into this State, passed the 28th day of March 1787, +are hereby repealed." Grimké, <i>Public Laws</i>, p. 466.</p> + + +<p class="atitle">1789, Feb. 3. Delaware: Slave-Trade Prohibited.</p> + +<p class="atext">"<i>An additional Supplementary</i> ACT <i>to an act, intituled</i>, +An act to prevent the exportation of slaves, and +for other purposes."</p> + +<p class="atext">"Whereas it is inconsistent with that spirit of general +liberty which pervades the constitution of this +state, that vessels should be fitted out, or +equipped, in any of the ports thereof, for the purpose +of receiving and transporting the natives of +Africa to places where they are held in slavery; or +that any acts should be deemed lawful, which +tend to encourage or promote such iniquitous +traffic among us:</p> + +<p class="atext">§ 1. "<i>Be it therefore enacted by the General Assembly of +Delaware</i>, That if any owner or owners, master, +agent, or factor, shall fit out, equip, man, or otherwise +prepare, any ship or vessel within any port +or place in this state, or shall cause any ship, or +other vessel, to sail from any port or place in this +state, for the purpose of carrying on a trade or +traffic in slaves, to, from, or between, Europe, +Asia, Africa, or America, or any places or countries +whatever, or of transporting slaves to, or +from, one port or place to another, in any part or +parts of the world; such ship or vessel, her tackle, +furniture, apparel, and other appurtenances, shall +be forfeited to this state.... And moreover, all +and every person and persons so fitting out ... +any ship or vessel ... shall severally forfeit and +pay the sum of Five Hundred Pounds;" one-half +to the state, and one-half to the informer.</p> +<!-- Page 239 --><p><span class="pagenum">239</span><a name="Page_239" id="Page_239"></a></p> + +<p class="atext">§ 2. "<i>And whereas</i> it has been found by experience, that +the act, intituled, <i>An act to prevent the exportation +of slaves, and for other purposes</i>, has not produced +all the good effects expected therefrom," any one +exporting a slave to Maryland, Virginia, North +Carolina, South Carolina, Georgia, or the West +Indies, without license, shall forfeit £100 for each +slave exported and £20 for each attempt.</p> + +<p class="atext">§ 3. Slaves to be tried by jury for capital offences. <i>Laws +of Delaware</i> (ed. 1797), p. 942, ch. 194 b.</p> + + +<p class="atitle">1789, May 13. Congress (House): Proposed Duty on Slaves +Imported.</p> + +<p class="atext">A tax of $10 per head on slaves imported, moved by +Parker of Virginia. After debate, withdrawn. <i>Annals +of Cong.</i>, 1 Cong. 1 sess. pp. 336–42.</p> + + +<p class="atitle">1789, Sept. 19. Congress (House): Bill to Tax Slaves Imported.</p> + +<p class="atext">A committee under Parker of Virginia reports, "a bill +concerning the importation of certain persons +prior to the year 1808." Read once and postponed +until next session. <i>House Journal</i> (repr. 1826), 1 +Cong. 1 sess. I. 37, 114; <i>Annals of Cong.</i>, 1 Cong. 1 +sess., pp. 366, 903.</p> + + +<p class="atitle">1790, March 22. Congress (House): Declaration of +Powers.</p> + +<p class="atext">See above, pages 82–83.</p> + + +<p class="atitle">1790, March 22. New York: Amendment of Act of 1788.</p> + +<p class="atext">"An Act to amend the act entitled 'An act concerning +slaves.'"</p> + +<p class="atext">"Whereas many inconveniences have arisen from the +prohibiting the exporting of slaves from this +State. Therefore</p> + +<p class="atext">"<i>Be it enacted</i> ..., That where any slave shall hereafter +be convicted of a crime under the degree of +a capital offence, in the supreme court, or the +court of oyer and terminer, and general gaol delivery, +or a court of general sessions of the peace +within this State, it shall and may be lawful to and +for the master or mistress to cause such slave to +<!-- Page 240 --><a name="Page_240" id="Page_240"></a>be transported out of this State," etc. <i>Laws of New +York, 1789–96</i> (ed. 1886), p. 151.</p><p class="pagenum">240</p> + + +<p class="atitle">1792, May. Connecticut: Act of 1788 Strengthened.</p> + +<p class="atext">"An Act in addition to an Act, entitled 'An Act to prevent +the Slave Trade.'"</p> + +<p class="atext">This provided that persons directly or indirectly aiding +or assisting in slave-trading should be fined £100. +All notes, bonds, mortgages, etc., of any kind, +made or executed in payment for any slave imported +contrary to this act, are declared null and +void. Persons removing from the State might +carry away their slaves. <i>Acts and Laws of Connecticut</i> +(ed. 1784), pp. 412–3.</p> + + +<p class="atitle">1792, Dec. 17. Virginia: Revision of Acts.</p> + +<p class="atext">"An Act to reduce into one, the several acts concerning +slaves, free negroes, and mulattoes."</p> + +<p class="atext">§ 1. "<i>Be it enacted</i> ..., That no persons shall henceforth +be slaves within this commonwealth, except +such as were so on the seventeenth day of October," +1785, "and the descendants of the females of +them."</p> + +<p class="atext">§ 2. "Slaves which shall hereafter be brought into this +commonwealth, and kept therein one whole year +together, or so long at different times as shall +amount to one year, shall be free."</p> + +<p class="atext">§ 4. "<i>Provided</i>, That nothing in this act contained, +shall be construed to extend to those who may +incline to remove from any of the United States +and become citizens of this, if within sixty days +after such removal, he or she shall take the following +oath before some justice of the peace of this +commonwealth: '<i>I, A.B., do swear, that my removal +into the state of Virginia, was with no intent +of evading the laws for preventing the further importation +of slaves, nor have I brought with me any +slaves, with an intention of selling them, nor have any +of the slaves which I have brought with me, been imported +from Africa, or any of the West India islands, +since the first day of November</i>,'" 1778, etc.</p> +<!-- Page 241 --><p><span class="pagenum">241</span><a name="Page_241" id="Page_241"></a></p> +<p class="atext">§ 53. This act to be in force immediately. <i>Statutes at +Large of Virginia, New Series</i>, I. 122.</p> + + +<p class="atitle">1792, Dec. 21. South Carolina: Importation Prohibited +until 1795.</p> + +<p class="atext">"An Act to prohibit the importation of Slaves from +Africa, or other places beyond sea, into this State, +for two years; and also to prohibit the importation +or bringing in Slaves, or Negroes, Mulattoes, +Indians, Moors or Mestizoes, bound for a term of +years, from any of the United States, by land or +by water."</p> + +<p class="atext">"Whereas, it is deemed inexpedient to increase the +number of slaves within this State, in our present +circumstances and situation;</p> + +<p class="atext">§ 1. "<i>Be it therefore enacted</i> ..., That no slave shall +be imported into this State from Africa, the West +India Islands, or other place beyond sea, for and +during the term of two years, commencing from +the first day of January next, which will be in the +year of our Lord one thousand seven hundred and +ninety-three."</p> + +<p class="atext">§ 2. No slaves, Negroes, Indians, etc., bound for a +term of years, to be brought in from any of the +United States or bordering countries. Settlers may +bring their slaves. Cooper, <i>Statutes</i>, VII. 431.</p> + + +<p class="atitle">1793, Dec. 19. Georgia: Importation Prohibited.</p> + +<p class="atext">"An act to prevent the importation of negroes into this +state from the places herein mentioned." Title +only. Re-enacted (?) by the Constitution of 1798. +Marbury and Crawford, <i>Digest</i>, p. 442; Prince, +<i>Digest</i>, p. 786.</p> + + +<p class="atitle">1794, North Carolina: Importation Prohibited.</p> + +<p class="atext">"An act to prevent the further importation and bringing +of slaves and indented servants of colour into +this state."</p> + +<p class="atext">§ 1. "<i>Be it enacted</i> ..., That from and after the first +day of May next, no slave or indented servant of +colour shall be imported or brought into this state +by land or water; nor shall any slave or indented +servant of colour, who may be imported or +brought contrary to the intent and meaning of +<!-- Page 242 --><a name="Page_242" id="Page_242"></a>this act, be bought, sold or hired by any person +whatever."</p><p class="pagenum">242</p> + +<p class="atext">§ 2. Penalty for importing, £100 per slave; for buying +or selling, the same.</p> + +<p class="atext">§ 4. Persons removing, travelling, etc., are excepted. +The act was amended slightly in 1796. Martin, <i>Iredell's +Acts of Assembly</i>, II. 53, 94.</p> + + +<p class="atitle">1794, March 22. United States Statute: Export Slave-Trade +Forbidden.</p> + +<p class="atext">"An Act to prohibit the carrying on the Slave Trade +from the United States to any foreign place or +country." <i>Statutes at Large</i>, I. 347. For proceedings +in Congress, see <i>Senate Journal</i> (repr. 1820), +3 Cong. 1 sess. II. 51; <i>House Journal</i> (repr. 1826), 3 +Cong. 1 sess. II. 76, 84, 85, 96, 98, 99, 100; <i>Annals +of Cong.</i>, 3 Cong. 1 sess. pp. 64, 70, 72.</p> + + +<p class="atitle">1794, Dec. 20. South Carolina: Act of 1792 Extended.</p> + +<p class="atext">"An Act to revive and extend an Act entitled 'An Act +to prohibit the importation of Slaves from Africa, +or other places beyond Sea, into this State, for +two years; and also, to prohibit the importation +or bringing in of Negro Slaves, Mulattoes, Indians, +Moors or Mestizoes, bound for a term of +years, from any of the United States, by Land or +Water.'"</p> + +<p class="atext">§ 1. Act of 1792 extended until Jan. 1, 1797.</p> + +<p class="atext">§ 2. It shall not be lawful hereafter to import slaves, +free Negroes, etc., from the West Indies, any part +of America outside the United States, "or from +other parts beyond sea." Such slaves are to be forfeited +and sold; the importer to be fined £50; free +Negroes to be re-transported. Cooper, <i>Statutes</i>, +VII. 433.</p> + + +<p class="atitle">1795. North Carolina: Act against West Indian Slaves.</p> + +<p class="atext">"An act to prevent any person who may emigrate from +any of the West India or Bahama islands, or the +French, Dutch or Spanish settlements on the +southern coast of America, from bringing slaves +into this state, and also for imposing certain restrictions +on free persons of colour who may hereafter<!-- Page 243 --><a name="Page_243" id="Page_243"></a> +come into this state." Penalty, £100 for each +slave over 15 years of age. <i>Laws of North Carolina</i> +(revision of 1819), I. 786.</p><p class="pagenum">243</p> + + +<p class="atitle">1796. Maryland: Importation Prohibited.</p> + +<p class="atext">"An Act relating to Negroes, and to repeal the acts of +assembly therein mentioned."</p> + +<p class="atext">"<i>Be it enacted</i> ..., That it shall not be lawful, from +and after the passing of this act, to import or +bring into this state, by land or water, any negro, +mulatto or other slave, for sale, or to reside within +this state; and any person brought into this state +as a slave contrary to this act, if a slave before, +shall thereupon immediately cease to be the property +of the person or persons so importing or +bringing such slave within this state, and shall be +free."</p> + +<p class="atext">§ 2. Any citizen of the United States, coming into the +State to take up <i>bona fide</i> residence, may bring +with him, or within one year import, any slave +which was his property at the time of removal, +"which slaves, or the mother of which slaves, +shall have been a resident of the United States, or +some one of them, three whole years next preceding +such removal."</p> + +<p class="atext">§ 3. Such slaves cannot be sold within three years, except +by will, etc. In 1797, "A Supplementary Act," +etc., slightly amended the preceding, allowing +guardians, executors, etc., to import the slaves of +the estate. Dorsey, <i>Laws</i>, I. 334, 344.</p> + + +<p class="atitle">1796, Dec. 19. South Carolina: Importation Prohibited +until 1799.</p> + +<p class="atext">"An Act to prohibit the importation of Negroes, until +the first day of January, one thousand seven +hundred and ninety-nine."</p> + +<p class="atext">"Whereas, it appears to be highly impolitic to import +negroes from Africa, or other places beyond seas," +etc. Extended by acts of Dec. 21, 1798, and Dec. +20, 1800, until Jan. 1, 1803. Cooper, <i>Statutes</i>, VII. +434, 436.</p> +<p><span class="pagenum">244</span><!-- Page 244 --><a name="Page_244" id="Page_244"></a></p> + +<p class="atitle">1797, Jan. 18. Delaware: Codification of Acts.</p> + +<p class="atext">"An Act concerning Negro and Mulatto slaves."</p> + +<p class="atext">§ 5. " ... any Negro or Mulatto slave, who hath been +or shall be brought into this state contrary to the +intent and meaning of [the act of 1787]; and any +Negro or Mulatto slave who hath been or shall be +exported, or sold with an intention for exportation, +or carried out for sale from this state, contrary +to the intent and meaning of [the act of +1793], shall be, and are hereby declared free; any +thing in this act to the contrary notwithstanding." +<i>Laws of Delaware</i> (ed. 1797), p. 1321, ch. 124 c.</p> + + +<p class="atitle">1798, Jan. 31. Georgia: Importation Prohibited.</p> + +<p class="atext">"An act to prohibit the further importation of slaves +into this state."</p> + +<p class="atext">§ 1. " ... six months after the passing of this act, it +shall be unlawful for any person or persons to import +into this state, from Africa or elsewhere, any +negro or negroes of any age or sex." Every person +so offending shall forfeit for the first offence the +sum of $1,000 for every negro so imported, and +for every subsequent offence the sum of $1,000, +one half for the use of the informer, and one half +for the use of the State.</p> + +<p class="atext">§ 2. Slaves not to be brought from other States for sale +after three months.</p> + +<p class="atext">§ 3. Persons convicted of bringing slaves into this State +with a view to sell them, are subject to the same +penalties as if they had sold them. Marbury and +Crawford, <i>Digest</i>, p. 440.</p> + + +<p class="atitle">1798, March 14. New Jersey: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act respecting slaves."</p> + +<p class="atext">§ 12. "<i>And be it enacted</i>, That from and after the passing +of this act, it shall not be lawful for any person +or persons whatsoever, to bring into this +state, either for sale or for servitude, any negro or +other slave whatsoever." Penalty, $140 for each +slave; travellers and temporary residents excepted.</p> + +<p class="atext">§ 17. Any persons fitting out vessels for the slave-trade +shall forfeit them. Paterson, <i>Digest</i>, p. 307.</p> +<p><span class="pagenum">245</span><!-- Page 245 --><a name="Page_245" id="Page_245"></a></p> + +<p class="atitle">1798, April 7. United States Statute: Importation into +Mississippi Territory Prohibited.</p> + +<p class="atext">"An Act for an amicable settlement of limits with the +state of Georgia, and authorizing the establishment +of a government in the Mississippi territory." +<i>Statutes at Large</i>, I. 549. For proceedings in +Congress, see <i>Annals of Cong.</i>, 5 Cong. 2 sess. pp. +511, 512, 513, 514, 515, 532, 533, 1235, 1249, 1277–84, +1296, 1298–1312, 1313, 1318.</p> + + +<p class="atitle">1798, May 30. Georgia: Constitutional Prohibition.</p> + +<p class="atext">Constitution of Georgia:—</p> + +<p class="atext">Art. IV § 11. "There shall be no future importation of +slaves into this state from Africa, or any foreign +place, after the first day of October next. The legislature +shall have no power to pass laws for the +emancipation of slaves, without the consent of +each of their respective owners previous to such +emancipation. They shall have no power to prevent +emigrants, from either of the United States +to this state, from bringing with them such persons +as may be deemed slaves, by the laws of any +one of the United States." Marbury and Crawford, +<i>Digest</i>, p. 30.</p> + + +<p class="atitle">1800, May 10. United States Statute: Americans Forbidden +to Trade from one Foreign Country to +Another.</p> + +<p class="atext">"An Act in addition to the act intituled 'An act to prohibit +the carrying on the Slave Trade from the +United States to any foreign place or country.'" +<i>Statutes at Large</i>, II. 70. For proceedings in Congress, +see <i>Senate Journal</i> (repr. 1821), 6 Cong. 1 +sess. III. 72, 77, 88, 92.</p> + + +<p class="atitle">1800, Dec. 20. South Carolina: Slaves and Free Negroes +Prohibited.</p> + +<p class="atext">"An Act to prevent Negro Slaves and other persons of +Colour, from being brought into or entering this +State." Supplemented Dec. 19, 1801, and amended +Dec. 18, 1802. Cooper, <i>Statutes</i>, VII. 436, 444, 447.</p> + + +<p class="atitle">1801, April 8. New York: Slave-Trade Prohibited.</p> + +<p class="atext">"An Act concerning slaves and servants."</p> +<p><span class="pagenum"><!-- Page 246 -->246</span><a name="Page_246" id="Page_246"></a></p> +<p class="atext">" ... <i>And be it further enacted</i>, That no slave shall +hereafter be imported or brought into this State, +unless the person importing or bringing such +slave shall be coming into this State with intent +to reside permanently therein and shall have resided +without this State, and also have owned +such slave at least during one year next preceding +the importing or bringing in of such slave," etc. +A certificate, sworn to, must be obtained; any +violation of this act or neglect to take out such +certificate will result in freedom to the slave. +Any sale or limited transfer of any person hereafter +imported to be a public offence, under +penalty of $250, and freedom to the slave transferred. +The export of slaves or of any person freed +by this act is forbidden, under penalty of $250 +and freedom to the slave. Transportation for crime +is permitted. Re-enacted with amendments +March 31, 1817. <i>Laws of New York, 1801</i> (ed. 1887), +pp. 547–52; <i>Laws of New York, 1817</i> (ed. 1817), +p. 136.</p> + + +<p class="atitle">1803, Feb. 28. United States Statute: Importation into +States Prohibiting Forbidden.</p> + +<p class="atext">"An Act to prevent the importation of certain persons +into certain states, where, by the laws thereof, +their admission is prohibited." <i>Statutes at Large</i>, +II. 205. For copy of the proposed bill which this +replaced, see <i>Annals of Cong.</i>, 7 Cong. 2 sess. +p. 467. For proceedings in Congress, see <i>House +Journal</i> (repr. 1826), 7 Cong. 2 sess. IV 304, 324, +347; <i>Senate Journal</i> (repr. 1821), 7 Cong. 2 sess. III. +267, 268, 269–70, 273, 275, 276, 279.</p> + + +<p class="atitle">1803, Dec. 17. South Carolina: African Slaves Admitted.</p> + +<p class="atext">"An Act to alter and amend the several Acts respecting +the importation or bringing into this State, from +beyond seas, or elsewhere, Negroes and other persons +of colour; and for other purposes therein +mentioned."</p> + +<p class="atext">§ 1. Acts of 1792, 1794, 1796, 1798, 1800, 1802, hereby +repealed.</p> +<p><span class="pagenum"><!-- Page 247 -->247</span><a name="Page_247" id="Page_247"></a></p> +<p class="atext">§ 2. Importation of Negroes from the West Indies +prohibited.</p> + +<p class="atext">§ 3. No Negro over fifteen years of age to be imported +from the United States except under certificate of +good character.</p> + +<p class="atext">§ 5. Negroes illegally imported to be forfeited and +sold, etc. Cooper, <i>Statutes</i>, VII. 449.</p> + + +<p class="atitle">1804.[Denmark.</p> + +<p class="atext">Act of 1792 abolishing the slave-trade goes into effect.]</p> + + +<p class="atitle">1804, Feb. 14. Congress (House): Proposed Censure of +South Carolina.</p> + +<p class="atext">Representative Moore of South Carolina offered the +following resolution, as a substitute to Mr. Bard's +taxing proposition of Jan. 6:—</p> + +<p class="atext">"<i>Resolved</i>, That this House receive with painful sensibility +information that one of the Southern States, +by a repeal of certain prohibitory laws, have permitted +a traffic unjust in its nature, and highly impolitic +in free Governments." Ruled out of order +by the chairman of the Committee of the Whole. +<i>Annals of Cong.</i>, 8 Cong. 1 sess. p. 1004.</p> + + +<p class="atitle">1804, Feb. 15. Congress (House): Proposed Duty.</p> + +<p class="atext">"<i>Resolved</i>, That a tax of ten dollars be imposed on +every slave imported into any part of the United +States."</p> + +<p class="atext">"<i>Ordered</i>, That a bill, or bills, be brought in, pursuant +to the said resolution," etc. Feb. 16 "a bill laying +a duty on slaves imported into the United States" +was read, but was never considered. <i>House Journal</i> +(repr. 1826), 8 Cong. 1 sess. IV 523, 578, 580, 581–2, +585; <i>Annals of Cong.</i>, 8 Cong. 1 sess. pp. 820, +876, 991, 1012, 1020, 1024–36.</p> + + +<p class="atitle">1804, March 26. United States Statute: Slave-Trade +Limited.</p> + +<p class="atext">"An Act erecting Louisiana into two territories," etc. +Acts of 1794 and 1803 extended to Louisiana. <i>Statutes +at Large</i>, II. 283. For proceedings in Congress, +see <i>Annals of Cong.</i>, 8 Cong. 1 sess. pp. 106, +211, 223, 231, 233–4, 238, 255, 1038, 1054–68, 1069–79, +1128–30, 1185–9.</p> +<p><span class="pagenum"><!-- Page 248 -->248</span><a name="Page_248" id="Page_248"></a></p> + +<p class="atitle">1805, Feb. 15. Massachusetts: Proposed Amendment.</p> + +<p class="atext">"<i>Resolve requesting the Governor to transmit to the Senators +and Representatives in Congress, and the Executives +of the several States this Resolution, as an +amendment to the Constitution of the United States, +respecting Slaves.</i>" June 8, Governor's message; +Connecticut answers that it is inexpedient; Maryland +opposes the proposition. <i>Massachusetts Resolves</i>, +February, 1805, p. 55; June, 1805, p. 18. See +below, March 3, 1805.</p> + + +<p class="atitle">1805, March 2. United States Statute: Slave-Trade to +Orleans Territory Permitted.</p> + +<p class="atext">"An Act further providing for the government of the +territory of Orleans."</p> + +<p class="atext">§ 1. A territorial government erected similar to Mississippi, +with same rights and privileges.</p> + +<p class="atext">§ 5. 6th Article of Ordinance of 1787, on slaves, not to +extend to this territory.</p> + +<p class="atext"><i>Statutes at Large</i>, II. 322. For proceedings in Congress, +see <i>Annals of Cong.</i>, 8 Cong. 2 sess. pp. 28, 30, +45–6, 47, 48, 54, 59–61, 69, 727–8, 871–2, 957, +1016–9, 1020–1, 1201, 1209–10, 1211. Cf. <i>Statutes +at Large</i>, II. 331; <i>Annals of Cong.</i>, 8 Cong. 2 sess., +pp. 50, 51, 52, 57, 68, 69, 1213, 1215. In <i>Journals</i>, see +Index, Senate Bills Nos. 8, 11.</p> + + +<p class="atitle">1805, March 3. Congress (House): Massachusetts Proposition +to Amend Constitution.</p> + +<p class="atext">Mr. Varnum of Massachusetts presented the resolution +of the Legislature of Massachusetts, "instructing +the Senators, and requesting the Representatives +in Congress, from the said State, to take all legal +and necessary steps, to use their utmost exertions, +as soon as the same is practicable, to obtain an +amendment to the Federal Constitution, so as to +authorize and empower the Congress of the +United States to pass a law, whenever they may +deem it expedient, to prevent the further importation +of slaves from any of the West India Islands, +from the coast of Africa, or elsewhere, into +the United States, or any part thereof." A motion +was made that Congress have power to prevent +<!-- Page 249 --><a name="Page_249" id="Page_249"></a>further importation; it was read and ordered to lie +on the table. <i>House Journal</i> (repr. 1826), 8 Cong. 2 +sess. V 171; <i>Annals of Cong.</i>, 8 Cong. 2 sess. pp. +1221–2. For the original resolution, see <i>Massachusetts +Resolves</i>, May, 1802, to March, 1806, Vol. II. +A. (State House ed., p. 239.)</p><p class="pagenum">249</p> + + +<p class="atitle">1805, Dec. 17. Congress (Senate): Proposition to Prohibit +Importation.</p> + +<p class="atext">A "bill to prohibit the importation of certain persons +therein described into any port or place within the +jurisdiction of the United States, from and after" +Jan. 1, 1808, was read twice and postponed. <i>Senate +Journal</i> (repr. 1821), 9 Cong. 1 sess. IV. 10–11; <i>Annals +of Cong.</i>, 9 Cong. 1 sess. pp. 20–1.</p> + + +<p class="atitle">1806, Jan. 20. Congress (House): Vermont Proposed +Amendment.</p> + +<p class="atext">"Mr. Olin, one of the Representatives from the State +of Vermont, presented to the House certain resolutions +of the General Assembly of the said State, +proposing an article of amendment to the Constitution +of the United States, to prevent the further +importation of slaves, or people of color, from +any of the West India Islands, from the coast of +Africa, or elsewhere, into the United States, or +any part thereof; which were read, and ordered to +lie on the table." No further mention found. +<i>House Journal</i> (repr. 1826), 9 Cong. 1 sess. V 238; +<i>Annals of Cong.</i>, 9 Cong. 1 sess. pp. 343–4.</p> + + +<p class="atitle">1806, Jan. 25. Virginia: Imported Slaves to be Sold.</p> + +<p class="atext">"An Act to amend the several laws concerning slaves."</p> + +<p class="atext">§ 5. If the jury before whom the importer is brought +"shall find that the said slave or slaves were +brought into this commonwealth, and have remained +therein, contrary to the provisions of this +act, the court shall make an order, directing him, +her or them to be delivered to the overseers of the +poor, to be by them sold for cash and applied as +herein directed."</p> + +<p class="atext">§ 8. Penalty for bringing slaves, $400 per slave; the +same for buying or hiring, knowingly, such alave.</p> +<!-- Page 250 --><p><span class="pagenum">250</span><a name="Page_250" id="Page_250"></a></p> + +<p class="atext">§ 16. This act to take effect May 1, 1806. <i>Statutes at +Large of Virginia</i>, New Series, III. 251.</p> + + +<p class="atitle">1806, Jan. 27. Congress (House): Bill to Tax Slaves +Imported.</p> + +<p class="atext">"A Bill laying a duty on slaves imported into any of +the United States." Finally dropped. <i>House Journal</i> +(repr. 1826), 8 Cong. 2 sess. V. 129; <i>Ibid.</i>, 9 +Cong. 1 sess. V. 195, 223, 240, 242, 243–4, 248, +260, 262, 264, 276–7, 287, 294, 305, 309, 338; <i>Annals +of Cong.</i>, 9 Cong. 1 sess. pp. 273, 274, 346, 358, +372, 434, 442–4, 533.</p> + + +<p class="atitle">1806, Feb. 4. Congress (House): Proposition to Prohibit +Slave-Trade after 1807.</p> + +<p class="atext">Mr. Bidwell moved that the following section be +added to the bill for taxing slaves imported,—that +any ship so engaged be forfeited. The proposition +was rejected, yeas, 17, nays, 86 (?). <i>Annals of +Cong.</i>, 9 Cong. 1 sess. p. 438.</p> + + +<p class="atitle">1806, Feb. 10. Congress (House): New Hampshire Proposed +Amendment.</p> + +<p class="atext">"Mr. Tenney ... presented to the House certain resolutions +of the Legislature of the State of New +Hampshire, 'proposing an amendment to the +Constitution of the United States, so as to authorize +and empower Congress to pass a law, whenever +they may deem it expedient, to prevent the +further importation of slaves,' or people of color, +into the United States, or any part thereof." Read +and laid on the table. <i>House Journal</i> (repr. 1826), +9 Cong. 1 sess. V. 266; <i>Annals of Cong.</i>, 9 Cong. 1 +sess. p. 448.</p> + + +<p class="atitle">1806, Feb. 17. Congress (House): Proposition on Slave-Trade.</p> + +<p class="atext">The committee on the slave-trade reported a resolution:—</p> + +<p class="atext">"<i>Resolved</i>, That it shall not be lawful for any person or +persons, to import or bring into any of the Territories +of the United States, any slave or slaves that +may hereafter be imported into the United +<!-- Page 251 --><a name="Page_251" id="Page_251"></a>States." <i>House Journal</i>, 9 Cong. 1 sess. V 264, 278, +308, 345–6; <i>House Reports</i>, 9 Cong. 1 sess. II. Feb. 17, +1806; <i>Annals of Cong.</i>, 9 Cong. 1 sess. pp. 472–3.</p><p class="pagenum">251</p> + + +<p class="atitle">1806, April 7. Congress (Senate): Maryland Proposed +Amendment.</p> + +<p class="atext">"Mr. Wright communicated a resolution of the legislature +of the state of Maryland instructing their +Senators and Representatives in Congress to use +their utmost exertions to obtain an amendment to +the constitution of the United States to prevent +the further importation of slaves; whereupon, Mr. +Wright submitted the following resolutions for +the consideration of the Senate....</p> + +<p class="atext">"<i>Resolved</i>, That the migration or importation of slaves +into the United States, or any territory thereof, be +prohibited after the first day of January, 1808." +Considered April 10, and further consideration +postponed until the first Monday in December +next. <i>Senate Journal</i> (repr. 1821), 9 Cong. 1 sess. +IV. 76–7, 79; <i>Annals of Cong.</i>, 9 Cong. 1 sess. pp. +229, 232.</p> + + +<p class="atitle">1806, Dec. 2. President Jefferson's Message.</p> + +<p class="atext">See above, pages 97–98. <i>House Journal</i> (repr. 1826), 9 +Cong. 2 sess. V. 468.</p> + + +<p class="atitle">1806, Dec. 15. Congress (House): Proposition on Slave-Trade.</p> + +<p class="atext">"A bill to prohibit the importation or bringing of +slaves into the United States, etc.," after Dec. 31, +1807. Finally merged into Senate bill. <i>Ibid.</i>, House +Bill No. 148.</p> + + +<p class="atitle">1806, Dec. 17. Congress (House): Sloan's Proposition.</p> + +<p class="atext">Proposition to amend the House bill by inserting after +the article declaring the forfeiture of an illegally +imported slave, "And such person or slave shall be +entitled to his freedom." Lost. <i>Annals of Cong.</i>, 9 +Cong. 2 sess. pp. 167–77, 180–89.</p> + + +<p class="atitle">1806, Dec. 29. Congress (House): Sloan's Second Proposition.</p> + +<p class="atext">Illegally imported Africans to be either freed, apprenticed, +or returned to Africa. Lost; Jan. 5, 1807, a<!-- Page 252 --><a name="Page_252" id="Page_252"></a> +somewhat similar proposition was also lost. <i>Ibid.</i>, +pp. 226–8, 254.</p><p class="pagenum">252</p> + + +<p class="atitle">1806, Dec. 31. Great Britain: Rejected Treaty.</p> + +<p class="atext">"Treaty of amity, commerce, and navigation, between +His Britannic Majesty and the United States of +America."</p> + +<p class="atext">"Art. XXIV. The high contracting parties engage to +communicate to each other, without delay, all +such laws as have been or shall be hereafter enacted +by their respective Legislatures, as also all +measures which shall have been taken for the abolition +or limitation of the African slave trade; +and they further agree to use their best endeavors +to procure the co-operation of other Powers for +the final and complete abolition of a trade so repugnant +to the principles of justice and humanity." +<i>Amer. State Papers, Foreign</i>, III. 147, 151.</p> + + +<p class="atitle">1807, March 25. [England: Slave-Trade Abolished.</p> + +<p class="atext">"An Act for the Abolition of the Slave Trade." <i>Statute +47 George III.</i>, 1 sess. ch. 36.]</p> + + +<p class="atitle">1807, Jan. 7. Congress (House): Bidwell's Proposition.</p> + +<p class="atext">"Provided, that no person shall be sold as a slave by +virtue of this act." Offered as an amendment to +§ 3 of House bill; defeated 60 to 61, Speaker voting. +A similar proposition was made Dec. 23, +1806. <i>House Journal</i> (repr. 1826), 9 Cong. 2 sess. +V. 513–6. Cf. <i>Annals of Cong.</i>, 9 Cong. 2 sess. +pp. 199–203, 265–7.</p> + + +<p class="atitle">1807, Feb. 9. Congress (House): Section Seven of House +Bill.</p> + +<p class="atext">§ 7 of the bill reported to the House by the committee +provided that all Negroes imported should be +conveyed whither the President might direct and +there be indentured as apprentices, or employed +in whatever way the President might deem best +for them and the country; provided that no such +Negroes should be indentured or employed except +in some State in which provision is now +made for the gradual abolition of slavery. Blank +spaces were left for limiting the term of indenture. +<!-- Page 253 --><a name="Page_253" id="Page_253"></a>The report was never acted on. <i>Annals of Cong.</i>, 9 +Cong. 2 sess. pp. 477–8.</p><p class="pagenum">253</p> + + +<p class="atitle">1807, March 2. United States Statute: Importation Prohibited.</p> + +<p class="atext">"An Act to prohibit the importation of Slaves into any +port or place within the jurisdiction of the United +States, from and after the first day of January, in +the year of our Lord one thousand eight hundred +and eight." Bills to amend § 8, so as to make less +ambiguous the permit given to the internal traffic, +were introduced Feb. 27 and Nov. 27. <i>Statutes at +Large</i>, II. 426. For proceedings in Senate, see <i>Senate +Journal</i> (repr. 1821), 9 Cong. 1–2 sess. IV. 11, +112, 123, 124, 132, 133, 150, 158, 164, 165, 167, 168; +<i>Annals of Cong.</i>, 9 Cong. 2 sess. pp. 16, 19, 23, 33, +36, 45, 47, 68, 69, 70, 71, 79, 87, 93. For proceedings +in House, see <i>House Journal</i> (repr. 1826), 9 +Cong. 2 sess. V. 470, 482, 488, 490, 491, 496, 500, +504, 510, 513–6, 517, 540, 557, 575, 579, 581, 583–4, +585, 592, 594, 610, 613–4, 616, 623, 638, 640; 10 +Cong. 1 sess. VI. 27, 50; <i>Annals of Cong.</i>, 9 Cong. +2 sess. pp. 167, 180, 200, 220, 231, 254, 264, 270.</p> + + +<p class="atitle">1808, Feb. 23. Congress (Senate): Proposition to Amend +Constitution.</p> + +<p class="atext">"Agreeably to instructions from the legislature of the +state of Pennsylvania to their Senators in Congress, +Mr. Maclay submitted the following resolution, +which was read for consideration:—</p> + +<p class="atext">"<i>Resolved</i> ..., That the Constitution of the United +States be so altered and amended, as to prevent +the Congress of the United States, and the legislatures +of any state in the Union, from authorizing +the importation of slaves." No further +mention. <i>Senate Journal</i> (repr. 1821), 10 Cong. +1 sess. IV. 235; <i>Annals of Cong.</i>, 10 Cong. 1 sess. +p. 134. For the full text of the instructions, see +<i>Amer. State Papers, Miscellaneous</i>, I. 716.</p> + + +<p class="atitle">1810, Dec. 5. President Madison's Message.</p> + +<p class="atext">"Among the commercial abuses still committed under +the American flag, ... it appears that American +<!-- Page 254 --><a name="Page_254" id="Page_254"></a>citizens are instrumental in carrying on a traffic in +enslaved Africans, equally in violation of the laws +of humanity, and in defiance of those of their own +country. The same just and benevolent motives +which produced the interdiction in force against +this criminal conduct, will doubtless be felt by +Congress, in devising further means of suppressing +the evil." <i>House Journal</i> (repr. 1826), 11 Cong. +3 sess. VII. 435.</p><p class="pagenum">254</p> + + +<p class="atitle">1811, Jan. 15. United States Statute: Secret Act and Joint +Resolution against Amelia Island Smugglers.</p> + +<p class="atext"><i>Statutes at Large</i>, III. 471 ff.</p> + + +<p class="atitle">1815, March 29. [France: Abolition of Slave-Trade.</p> + +<p class="atext">Napoleon on his return from Elba decrees the abolition +of the slave-trade. Decree re-enacted in 1818 +by the Bourbon dynasty. <i>British and Foreign State +Papers</i>, 1815–16, p. 196, note; 1817–18, p. 1025.]</p> + + +<p class="atitle">1815, Feb. 18. Great Britain: Treaty of Ghent.</p> + +<p class="atext">"Treaty of peace and amity. Concluded December 24, +1814; Ratifications exchanged at Washington February +17, 1815; Proclaimed February 18, 1815."</p> + +<p class="atext">Art. X. "Whereas the traffic in slaves is irreconcilable +with the principles of humanity and justice, and +whereas both His Majesty and the United States +are desirous of continuing their efforts to promote +its entire abolition, it is hereby agreed +that both the contracting parties shall use their +best endeavors to accomplish so desirable an +object." <i>U.S. Treaties and Conventions</i> (ed. 1889), +p. 405.</p> + + +<p class="atitle">1815, Dec. 8. Alabama and Mississippi Territory: Act to +Dispose of Illegally Imported Slaves.</p> + +<p class="atext">"An Act concerning Slaves brought into this Territory, +contrary to the Laws of the United States." Slaves +to be sold at auction, and the proceeds to be divided +between the territorial treasury and the collector +or informer. Toulmin, <i>Digest of the Laws of +Alabama</i>, p. 637; <i>Statutes of Mississippi digested</i>, etc. +(ed. 1816), p. 389.</p> +<p><span class="pagenum"><!-- Page 255 -->255</span><a name="Page_255" id="Page_255"></a></p> + +<p class="atitle">1816, Nov. 18. North Carolina: Act to Dispose of Illegally +Imported Slaves.</p> + +<p class="atext">"An act to direct the disposal of negroes, mulattoes +and persons of colour, imported into this state, +contrary to the provisions of an act of the Congress +of the United States, entitled 'an act to prohibit +the importation of slaves into any port or +place, within the jurisdiction of the United States, +from and after the first day of January, in the year +of our Lord one thousand eight hundred and +eight.'"</p> + +<p class="atext">§ 1. Every slave illegally imported after 1808 shall be +sold for the use of the State.</p> + +<p class="atext">§ 2. The sheriff shall seize and sell such slave, and pay +the proceeds to the treasurer of the State.</p> + +<p class="atext">§ 3. If the slave abscond, the sheriff may offer a reward +not exceeding one-fifth of the value of the slave. +<i>Laws of North Carolina, 1816</i>, ch. xii. p. 9; <i>Laws of +North Carolina</i> (revision of 1819), II. 1350.</p> + + +<p class="atitle">1816, Dec. 3. President Madison's Message.</p> + +<p class="atext">"The United States having been the first to abolish, +within the extent of their authority, the transportation +of the natives of Africa into slavery, by +prohibiting the introduction of slaves, and by +punishing their citizens participating in the traffick, +cannot but be gratified at the progress, +made by concurrent efforts of other nations, towards +a general suppression of so great an evil. +They must feel, at the same time, the greater solicitude +to give the fullest efficacy to their own +regulations. With that view, the interposition of +Congress appears to be required by the violations +and evasions which, it is suggested, are chargeable +on unworthy citizens, who mingle in the +slave trade under foreign flags, and with foreign +ports; and by collusive importations of slaves +into the United States, through adjoining ports +and territories. I present the subject to Congress, +with a full assurance of their disposition to apply +all the remedy which can be afforded by an +amendment of the law. The regulations which +<!-- Page 256 --><a name="Page_256" id="Page_256"></a>were intended to guard against abuses of a +kindred character, in the trade between the several +States, ought also to be rendered more effectual +for their humane object." <i>House Journal</i>, 14 +Cong. 2 sess. pp. 15–6.</p><p class="pagenum">256</p> + + +<p class="atitle">1817, Feb. 11. Congress (House): Proposed Joint Resolution.</p> + +<p class="atext">"Joint Resolution for abolishing the traffick in Slaves, +and the Colinization [<i>sic</i>] of the Free People of +Colour of the United States."</p> + +<p class="atext">"<i>Resolved</i>, ... That the President be, and he is hereby +authorized to consult and negotiate with all the +governments where ministers of the United States +are, or shall be accredited, on the means of effecting +an entire and immediate abolition of the +traffick in slaves. And, also, to enter into a +convention with the government of Great Britain, +for receiving into the colony of Sierra Leone, such +of the free people of colour of the United States +as, with their own consent, shall be carried +thither....</p> + +<p class="atext">"<i>Resolved</i>, That adequate provision shall hereafter be +made to defray any necessary expenses which may +be incurred in carrying the preceding resolution +into effect." Reported on petition of the Colonization +Society by the committee on the President's +Message. No further record. <i>House Journal</i>, +14 Cong. 2 sess. pp. 25–7, 380; <i>House Doc.</i>, 14 +Cong. 2 sess. No. 77.</p> + + +<p class="atitle">1817, July 28. [Great Britain and Portugal: First Concession +of Right of Search.</p> + +<p class="atext">"By this treaty, ships of war of each of the nations +might visit merchant vessels of both, if suspected +of having slaves on board, acquired by illicit +traffic." This "related only to the trade north of +the equator; for the slave-trade of Portugal within +the regions of western Africa, to the south of the +equator, continued long after this to be carried on +with great vigor." Woolsey, <i>International Law</i> +(1874), § 197, pp. 331–2; <i>British and Foreign State +Papers</i>, 1816–17, pp. 85–118.]</p> +<!-- Page 257 --><p><span class="pagenum">257</span><a name="Page_257" id="Page_257"></a></p> + + +<p class="atitle">1817, Sept. 23. [Great Britain and Spain: Abolition of +Trade North of Equator.</p> + +<p class="atext">"By the treaty of Madrid, ... Great Britain obtained +from Spain, for the sum of four hundred thousand +pounds, the immediate abolition of the trade +north of the equator, its entire abolition after +1820, and the concession of the same mutual right +of search, which the treaty with Portugal had just +established." Woolsey, <i>International Law</i> (1874), +§ 197, p. 332; <i>British and Foreign State Papers</i>, 1816–17, +pp. 33–74.]</p> + + +<p class="atitle">1817, Dec. 2. President Monroe's Message on Amelia +Island, etc.</p> + +<p class="atext">"A just regard for the rights and interests of the +United States required that they [i.e., the Amelia +Island and Galveston pirates] should be suppressed, +and orders have been accordingly issued +to that effect. The imperious considerations which +produced this measure will be explained to the +parties whom it may, in any degree, concern." +<i>House Journal</i>, 15 Cong. 1 sess. p. 11.</p> + + +<p class="atitle">1817, Dec. 19. Georgia: Act to Dispose of Illegally Imported +Slaves.</p> + +<p class="atext">"An Act for disposing of any such negro, mulatto, or +person of color, who has been or may hereafter +be imported or brought into this State in violation +of an act of the United States, entitled an act +to prohibit the importation of slaves," etc.</p> + +<p class="atext">§ 1. The governor by agent shall receive such Negroes, +and,</p> + +<p class="atext">§ 2. sell them, or,</p> + +<p class="atext">§ 3. give them to the Colonization Society to be transported, +on condition that the Society reimburse +the State for all expense, and transport them at +their own cost. Prince, <i>Digest</i>, p. 793.</p> + + +<p class="atitle">1818, Jan. 10. Congress (House): Bill to Supplement Act +of 1807.</p> +<p class="pagenum">258</p> +<p class="atext">Mr. Middleton, from the committee on so much of the +President's Message as related to the illicit introduction<!-- Page 258 --><a name="Page_258" id="Page_258"></a> +of slaves into the United States from +Amelia Island, reported a bill in addition to former +acts prohibiting the introduction of slaves +into the United States. This was read twice and +committed; April 1 it was considered in Committee +of the Whole; Mr. Middleton offered a substitute, +which was ordered to be laid on table and to +be printed; it became the Act of 1819. See below, +March 3, 1819. <i>House Journal</i>, 15 Cong. 1 sess. pp. +131, 410.</p> + + +<p class="atitle">1818, Jan. 13. President Monroe's Special Message.</p> + +<p class="atext">"I have the satisfaction to inform Congress, that the +establishment at Amelia Island has been suppressed, +and without the effusion of blood. The +papers which explain this transaction, I now lay +before Congress," etc. <i>Ibid.</i>, pp. 137–9.</p> + + +<p class="atitle">1818, Feb. 9. Congress (Senate): Bill to Register (?) Slaves.</p> + +<p class="atext">"A bill respecting the transportation of persons of +color, for sale, or to be held to labor." Passed Senate, +dropped in House; similar bill Dec. 9, 1818, +also dropped in House. <i>Senate Journal</i>, 15 Cong. 1 +sess. pp. 147, 152, 157, 165, 170, 188, 201, 203, 232, +237; 15 Cong. 2 sess. pp. 63, 74, 77, 202, 207, 285, +291, 297; <i>House Journal</i>, 15 Cong. 1 sess. p. 332; 15 +Cong. 2 sess. pp. 303, 305, 316.</p> + + +<p class="atitle">1818, April 4. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Mr. Livermore's resolution:—</p> + +<p class="atext">"No person shall be held to service or labour as a slave, +nor shall slavery be tolerated in any state hereafter +admitted into the Union, or made one of +the United States of America." Read, and on the +question, "Will the House consider the same?" it +was determined in the negative. <i>House Journal</i>, 15 +Cong. 1 sess. pp. 420–1; <i>Annals of Cong.</i>, 15 Cong. +1 sess. pp. 1675–6.</p> + + +<p class="atitle">1818, April 20. United States Statute: Act in Addition to +Act of 1807.</p> +<p class="pagenum">259</p> +<p class="atext">"An Act in addition to 'An act to prohibit the introduction +[importation] of slaves into any port or<!-- Page 259 --><a name="Page_259" id="Page_259"></a> +place within the jurisdiction of the United States, +from and after the first day of January, in the year +of our Lord one thousand eight hundred and +eight,' and to repeal certain parts of the same." +<i>Statutes at Large</i>, III. 450. For proceedings in +Congress, see <i>Senate Journal</i>, 15 Cong. 1 sess. pp. +243, 304, 315, 333, 338, 340, 348, 377, 386, 388, 391, +403, 406; <i>House Journal</i>, 15 Cong. 1 sess. pp. 450, +452, 456, 468, 479, 484, 492,505.</p> + + +<p class="atitle">1818, May 4. [Great Britain and Netherlands: Treaty.</p> + +<p class="atext">Right of Search granted for the suppression of the +slave-trade. <i>British and Foreign State Papers</i>, 1817–18, +pp. 125–43.]</p> + + +<p class="atitle">1818, Dec. 19. Georgia: Act of 1817 Reinforced.</p> + +<p class="atext">No title found. "<i>Whereas</i> numbers of African slaves +have been illegally introduced into the State, in +direct violation of the laws of the United States +and of this State, <i>Be it therefore enacted</i>," etc. Informers +are to receive one-tenth of the net proceeds +from the sale of illegally imported Africans, +"<i>Provided</i>, nothing herein contained shall be so +construed as to extend farther back than the year +1817." Prince, <i>Digest</i>, p. 798.</p> + + +<p class="atitle">1819, Feb. 8. Congress (Senate): Bill in Addition to Former +Acts.</p> + +<p class="atext">"A bill supplementary to an act, passed the 2d day of +March, 1807, entitled," etc. Postponed. <i>Senate +Journal</i>, 15 Cong. 2 sess. pp. 234, 244, 311–2, 347.</p> + + +<p class="atitle">1819, March 3. United States Statute: Cruisers Authorized, +etc.</p> + +<p class="atext">"An Act in addition to the Acts prohibiting the slave +trade." <i>Statutes at Large</i>, III. 532. For proceedings +in Congress, see <i>Senate Journal</i>, 15 Cong. 2 sess. +pp. 338, 339, 343, 345, 350, 362; <i>House Journal</i>, 15 +Cong. 2 sess. pp. 9–19, 42–3, 150, 179, 330, 334, +341, 343, 352.</p> + + +<p class="atitle">1819, Dec. 7. President Monroe's Message.</p> + +<p class="pagenum">260</p> +<p class="atext">"Due attention has likewise been paid to the suppression +of the slave trade, in compliance with a law +of the last session. Orders have been given to the +<!-- Page 260 --><a name="Page_260" id="Page_260"></a>commanders of all our public ships to seize all +vessels navigated under our flag, engaged in that +trade, and to bring them in, to be proceeded +against, in the manner prescribed by that law. It +is hoped that these vigorous measures, supported +by like acts by other nations, will soon terminate +a commerce so disgraceful to the civilized world." +<i>House Journal</i>, 16 Cong, 1 sess. p. 18.</p> + + +<p class="atitle">1820, Jan. 19. Congress (House): Proposed Registry of +Slaves.</p> + +<p class="atext">"On motion of Mr. Cuthbert,</p> + +<p class="atext">"Resolved, That the Committee on the Slave Trade be +instructed to enquire into the expediency of establishing +a registry of slaves, more effectually to prevent +the importation of slaves into the United +States, or the territories thereof." No further mention. +<i>Ibid.</i>, p. 150.</p> + + +<p class="atitle">1820, Feb. 5. Congress (House): Proposition on Slave-Trade.</p> + +<p class="atext">"Mr. Meigs submitted the following preamble and +resolution:</p> + +<p class="atext">"Whereas, slavery in the United States is an evil of +great and increasing magnitude; one which merits +the greatest efforts of this nation to remedy: +Therefore,</p> + +<p class="atext">"Resolved, That a committee be appointed to enquire +into the expediency of devoting the public lands +as a fund for the purpose of,</p> + +<p class="atext">"1st, Employing a naval force competent to the annihilation +of the slave trade;</p> + +<p class="atext">"2dly, The emancipation of slaves in the United States; +and,</p> + +<p class="atext">"3dly, Colonizing them in such way as shall be conducive +to their comfort and happiness, in Africa, +their mother country." Read, and, on motion of +Walker of North Carolina, ordered to lie on the +table. Feb. 7, Mr. Meigs moved that the House +now consider the above-mentioned resolution, +but it was decided in the negative. Feb. 18, he +made a similar motion and proceeded to discussion, +<!-- Page 261 --><a name="Page_261" id="Page_261"></a>but was ruled out of order by the Speaker. +He appealed, but the Speaker was sustained, and +the House refused to take up the resolution. No +further record appears. <i>Ibid.</i>, pp. 196, 200, 227.</p><p class="pagenum">261</p> + + +<p class="atitle">1820, Feb. 23. Massachusetts: Slavery in Western Territory.</p> + +<p class="atext"><i>"Resolve respecting Slavery":—</i></p> + +<p class="atext">"The Committee of both Houses, who were appointed +to consider 'what measures it may be proper for +the Legislature of this Commonwealth to adopt, +in the expression of their sentiments and views, +relative to the interesting subject, now before +Congress, of interdicting slavery in the New +States, which may be admitted into the Union, +beyond the River Mississippi,' respectfully submit +the following report: ...</p> + +<p class="atext">"Nor has this question less importance as to its influence +on the slave trade. Should slavery be further +permitted, an immense new market for slaves +would be opened. It is well known that notwithstanding +the strictness of our laws, and the vigilance +of the government, thousands are now +annually imported from Africa," etc. <i>Massachusetts +Resolves</i>, May, 1819, to February, 1824, pp. 147–51.</p> + + +<p class="atitle">1820, May 12. Congress (House): Resolution for Negotiation.</p> + +<p class="atext">"Resolved by the Senate and House of Representatives +of the United States of America in Congress assembled, +That the President of the United States +be requested to negociate with all the governments +where ministers of the United States are or +shall be accredited, on the means of effecting an +entire and immediate abolition of the slave trade." +Passed House, May 12, 1820; lost in Senate, May +15, 1820. <i>House Journal</i>, 16 Cong. 1 sess. pp. 497, +518, 520–21, 526; <i>Annals of Cong.</i>, 16 Cong. 1 sess. +pp. 697–700.</p> + + +<p class="atitle">1820, May 15. United States Statute: Slave-Trade made +Piracy.</p> +<p class="pagenum">262</p> +<p class="atext">"An act to continue in force 'An act to protect the +commerce of the United States, and punish the +<!-- Page 262 --><a name="Page_262" id="Page_262"></a>crime of piracy,' and also to make further provisions +for punishing the crime of piracy." Continued +by several statutes until passage of the Act of +1823, <i>q.v. Statutes at Large</i>, III. 600. For proceedings +in Congress, see <i>Senate Journal</i>, 16 Cong. 1 +sess. pp. 238, 241, 268, 286–7, 314, 331, 346, 350, +409, 412, 417, 422, 424, 425; <i>House Journal</i>, 16 +Cong. 1 sess. pp. 453, 454, 494, 518, 520, 522, 537, +539, 540, 542. There was also a House bill, which +was dropped: cf. <i>House Journal</i>, 16 Cong. 1 sess. +pp. 21, 113, 280, 453, 494.</p> + + +<p class="atitle">1820, Nov. 14. President Monroe's Message.</p> + +<p class="atext">"In execution of the law of the last session, for the +suppression of the slave trade, some of our public +ships have also been employed on the coast of +Africa, where several captures have already been +made of vessels engaged in that disgraceful +traffic." <i>Senate Journal</i>, 16 Cong. 2 sess. pp. 16–7.</p> + + +<p class="atitle">1821, Feb. 15. Congress (House): Meigs's Resolution.</p> + +<p class="atext">Mr. Meigs offered in modified form the resolutions +submitted at the last session:—</p> + +<p class="atext">"Whereas slavery, in the United States, is an evil, acknowledged +to be of great and increasing magnitude, ... +therefore,</p> + +<p class="atext">"Resolved, That a committee be appointed to inquire +into the expediency of devoting five hundred million +acres of the public lands, next west of the +Mississippi, as a fund for the purpose of, in the</p> + +<p class="atext">"<i>First place</i>; Employing a naval force, competent to the +annihilation of the slave trade," etc. Question to +consider decided in the affirmative, 63 to 50; laid +on the table, 66 to 55. <i>House Journal</i>, 16 Cong. 2 +sess. p. 238; <i>Annals of Cong.</i>, 16 Cong. 2 sess. pp. +1168–70.</p> + + +<p class="atitle">1821, Dec. 3. President Monroe's Message.</p> + +<p class="atext">"Like success has attended our efforts to suppress the +slave trade. Under the flag of the United States, +and the sanction of their papers, the trade may be +considered as entirely suppressed; and, if any of +our citizens are engaged in it, under the flag and +<!-- Page 263 --><a name="Page_263" id="Page_263"></a>papers of other powers, it is only from a respect +to the rights of those powers, that these offenders +are not seized and brought home, to receive the +punishment which the laws inflict. If every other +power should adopt the same policy, and pursue +the same vigorous means for carrying it into effect, +the trade could no longer exist." <i>House Journal</i>, +17 Cong. 1 sess. p. 22.</p><p class="pagenum">263</p> + + +<p class="atitle">1822, April 12. Congress (House): Proposed Resolution.</p> + +<p class="atext">"<i>Resolved</i>, That the President of the United States be +requested to enter into such arrangements as he +may deem suitable and proper, with one or more +of the maritime powers of Europe, for the effectual +abolition of the slave trade." <i>House Reports</i>, 17 +Cong. 1 sess. II. No. 92, p. 4; <i>Annals of Cong.</i>, +17 Cong. 1 sess. p. 1538.</p> + + +<p class="atitle">1822, June 18. Mississippi: Act on Importation, etc.</p> + +<p class="atext">"An act, to reduce into one, the several acts, concerning +slaves, free negroes, and mulattoes."</p> + +<p class="atext">§ 2. Slaves born and resident in the United States, and +not criminals, may be imported.</p> + +<p class="atext">§ 3. No slave born or resident outside the United +States shall be brought in, under penalty of +$1,000 per slave. Travellers are excepted. <i>Revised +Code of the Laws of Mississippi</i> (Natchez, 1824), p. +369.</p> + + +<p class="atitle">1822, Dec. 3. President Monroe's Message.</p> + +<p class="atext">"A cruise has also been maintained on the coast of +Africa, when the season would permit, for the +suppression of the slave-trade; and orders have +been given to the commanders of all our public +ships to seize our own vessels, should they find +any engaged in that trade, and to bring them in +for adjudication." <i>House Journal</i>, 17 Cong. 2 sess. +pp. 12, 21.</p> + + +<p class="atitle">1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported +Slaves.</p> + +<p class="atext">"An Act to carry into effect the laws of the United +States prohibiting the slave trade."</p> +<p><span class="pagenum"><!-- Page 264 -->264</span><a name="Page_264" id="Page_264"></a></p> +<p class="atext">§ 1. "<i>Be it enacted</i>, ... That the Governor of this state +be ... authorized and required to appoint some +suitable person, as the agent of the state, to receive +all and every slave or slaves or persons of +colour, who may have been brought into this +state in violation of the laws of the United States, +prohibiting the slave trade: <i>Provided</i>, that the authority +of the said agent is not to extend to slaves +who have been condemned and sold."</p> + +<p class="atext">§ 2. The agent must give bonds.</p> + +<p class="atext">§ 3. "<i>And be it further enacted</i>, That the said slaves, +when so placed in the possession of the state, as +aforesaid, shall be employed on such public work +or works, as shall be deemed by the Governor of +most value and utility to the public interest."</p> + +<p class="atext">§ 4. A part may be hired out to support those employed +in public work.</p> + +<p class="atext">§ 5. "<i>And be it further enacted</i>, That in all cases in +which a decree of any court having competent authority, +shall be in favor of any or claimant or +claimants, the said slaves shall be truly and faithfully, +by said agent, delivered to such claimant +or claimants: but in case of their condemnation, +they shall be sold by such agent for cash to the +highest bidder, by giving sixty days notice," etc. +<i>Acts of the Assembly of Alabama, 1822</i> (Cahawba, +1823), p. 62.</p> + + +<p class="atitle">1823, Jan. 30. United States Statute: Piracy Act made +Perpetual.</p> + +<p class="atext">"An Act in addition to 'An act to continue in force +"An act to protect the commerce of the United +States, and punish the crime of piracy,"'" etc. +<i>Statutes at Large</i>, III. 510–14, 721, 789. For proceedings +in Congress, see <i>Senate Journal</i>, 17 Cong. +2 sess. pp. 61, 64, 70, 83, 98, 101, 106, 110, 111, 122, +137; <i>House Journal</i>, 17 Cong. 2 sess. pp. 73, 76, 156, +183, 189.</p> + + +<p class="atitle">1823, Feb. 10. Congress (House): Resolution on Slave-Trade.</p> + +<p class="atext">Mr. Mercer offered the following resolution:—</p> +<p><span class="pagenum"><!-- Page 265 -->265</span><a name="Page_265" id="Page_265"></a></p> +<p class="atext">"Resolved, That the President of the United States be +requested to enter upon, and to prosecute, from +time to time, such negotiations with the several +maritime powers of Europe and America, as he +may deem expedient, for the effectual abolition of +the African slave trade, and its ultimate denunciation +as piracy, under the law of nations, by +the consent of the civilized world." Agreed to Feb. +28; passed Senate. <i>House Journal</i>, 17 Cong. 2 sess. +pp. 212, 280–82; <i>Annals of Cong.</i>, 17 Cong. 2 sess. +pp. 928, 1147–55.</p> + + +<p class="atitle">1823, March 3. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the support of the +navy," etc.</p> + +<p class="atext">"To enable the President of the United States to carry +into effect the act" of 1819, $50,000. <i>Statutes at +Large</i>, III. 763, 764</p> + + +<p class="atitle">1823. President: Proposed Treaties.</p> + +<p class="atext">Letters to various governments in accordance with the +resolution of 1823: April 28, to Spain; May 17, to +Buenos Ayres; May 27, to United States of Colombia; +Aug. 14, to Portugal. See above, Feb. 10, +1823. <i>House Doc.</i>, 18 Cong. 1 sess. VI. No. 119.</p> + + +<p class="atitle">1823, June 24. Great Britain: Proposed Treaty.</p> + +<p class="atext">Adams, March 31, proposes that the trade be made piracy. +Canning, April 8, reminds Adams of the +treaty of Ghent and asks for the granting of a mutual +Right of Search to suppress the slave-trade. +The matter is further discussed until June 24. +Minister Rush is empowered to propose a treaty +involving the Right of Search, etc. This treaty was +substantially the one signed (see below, March 13, +1824), differing principally in the first article.</p> + +<p class="atext">"Article I. The two high contracting Powers, having +each separately, by its own laws, subjected their +subjects and citizens, who may be convicted of +carrying on the illicit traffic in slaves on the coast +of Africa, to the penalties of piracy, do hereby +agree to use their influence, respectively, with the +other maritime and civilized nations of the world, +to the end that the said African slave trade may +<!-- Page 266 --><a name="Page_266" id="Page_266"></a>be recognized, and declared to be, piracy, under +the law of nations." <i>House Doc.</i>, 18 Cong, 1 sess. +VI. No. 119.</p><p class="pagenum">266</p> + + +<p class="atitle">1824, Feb. 6. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Mr. Abbot's resolution on persons of color:—</p> + +<p class="atext">"That no part of the constitution of the United States +ought to be construed, or shall be construed to +authorize the importation or ingress of any person +of color into any one of the United States, +contrary to the laws of such state." Read first and +second time and committed to the Committee of +the Whole. <i>House Journal</i>, 18 Cong. 1 sess. p. 208; +<i>Annals of Cong.</i>, 18 Cong. 1 sess. p. 1399.</p> + + +<p class="atitle">1824, March 13. Great Britain: Proposed Treaty of 1824.</p> + +<p class="atext">"The Convention:"—</p> + +<p class="atext">Art. I. "The commanders and commissioned officers of +each of the two high contracting parties, duly authorized, +under the regulations and instructions +of their respective Governments, to cruize on the +coasts of Africa, of America, and of the West Indies, +for the suppression of the slave trade," shall +have the power to seize and bring into port any +vessel owned by subjects of the two contracting +parties, found engaging in the slave-trade. The +vessel shall be taken for trial to the country where +she belongs.</p> + +<p class="atext">Art. II. Provides that even if the vessel seized does not +belong to a citizen or citizens of either of the two +contracting parties, but is chartered by them, she +may be seized in the same way as if she belonged +to them.</p> + +<p class="atext">Art. III. Requires that in all cases where any vessel of +either party shall be boarded by any naval officer +of the other party, on suspicion of being concerned +in the slave-trade, the officer shall deliver +to the captain of the vessel so boarded a certificate +in writing, signed by the naval officer, specifying +his rank, etc., and the object of his visit. Provision +is made for the delivery of ships and papers to the +<!-- Page 267 --><a name="Page_267" id="Page_267"></a>tribunal before which they are brought.</p> +<p class="pagenum">267</p> + +<p class="atext">Art. IV. Limits the Right of Search, recognized by the +Convention, to such investigation as shall be necessary +to ascertain the fact whether the said vessel +is or is not engaged in the slave-trade. No person +shall be taken out of the vessel so visited unless +for reasons of health.</p> + +<p class="atext">Art. V. Makes it the duty of the commander of either +nation, having captured a vessel of the other under +the treaty, to receive unto his custody the vessel +captured, and send or carry it into some port +of the vessel's own country for adjudication, in +which case triplicate declarations are to be signed, +etc.</p> + +<p class="atext">Art. VI. Provides that in cases of capture by the officer +of either party, on a station where no national +vessel is cruising, the captor shall either send or +carry his prize to some convenient port of its own +country for adjudication, etc.</p> + +<p class="atext">Art. VII. Provides that the commander and crew of +the captured vessel shall be proceeded against as +pirates, in the ports to which they are brought, +etc.</p> + +<p class="atext">Art. VIII. Confines the Right of Search, under this +treaty, to such officers of both parties as are +especially authorized to execute the laws of their +countries in regard to the slave-trade. For every +abusive exercise of this right, officers are to be +personally liable in costs and damages, etc.</p> + +<p class="atext">Art. IX. Provides that the government of either nation +shall inquire into abuses of this Convention and +of the laws of the two countries, and inflict on +guilty officers the proper punishment.</p> + +<p class="atext">Art. X. Declares that the right, reciprocally conceded +by this treaty, is wholly and exclusively founded +on the consideration that the two nations have by +their laws made the slave-trade piracy, and is not +to be taken to affect in any other way the rights +of the parties, etc.; it further engages that each +power shall use its influence with all other civilized +<!-- Page 268 --><a name="Page_268" id="Page_268"></a>powers, to procure from them the acknowledgment +that the slave-trade is piracy under the +law of nations.</p><p class="pagenum">268</p> + +<p class="atext">Art. XI. Provides that the ratifications of the treaty +shall be exchanged at London within twelve +months, or as much sooner as possible. Signed by +Mr. Rush, Minister to the Court of St. James, +March 13, 1824.</p> + +<p class="atext">The above is a synopsis of the treaty as it was laid +before the Senate. It was ratified by the Senate +with certain conditions, one of which was that the +duration of this treaty should be limited to the +pleasure of the two parties on six months' notice; +another was that the Right of Search should be +limited to the African and West Indian seas: i.e., +the word "America" was struck out. This treaty as +amended and passed by the Senate (cf. above, +p. 141) was rejected by Great Britain. A counter +project was suggested by her, but not accepted (cf. +above, p. 144). The striking out of the word +"America" was declared to be the insuperable objection. +<i>Senate Doc.</i>, 18 Cong. 2 sess. I. No. 1, pp. +15–20; <i>Niles's Register</i>, 3rd Series, XXVI. 230–2. +For proceedings in Senate, see <i>Amer. State Papers, +Foreign</i>, V. 360–2.</p> + + +<p class="atitle">1824, March 31. [Great Britain: Slave-Trade made Piracy.</p> + +<p class="atext">"An Act for the more effectual Suppression of the +<i>African</i> Slave Trade."</p> + +<p class="atext">Any person engaging in the slave-trade "shall be +deemed and adjudged guilty of Piracy, Felony and +Robbery, and being convicted thereof shall suffer +Death without Benefit of Clergy, and Loss of +Lands, Goods and Chattels, as Pirates, Felons and +Robbers upon the Seas ought to suffer," etc. <i>Statute +5 George IV.</i>, ch. 17; <i>Amer. State Papers, Foreign</i>, +V. 342.]</p> + + +<p class="atitle">1824, April 16. Congress (House): Bill to Suppress Slave-Trade.</p> +<p class="pagenum">269</p> +<p class="atext">"Mr. Govan, from the committee to which was +referred so much of the President's Message as +<!-- Page 269 --><a name="Page_269" id="Page_269"></a>relates to the suppression of the Slave Trade, +reported a bill respecting the slave trade; which +was read twice, and committed to a Committee of +the Whole."</p> + +<p class="atext">§ 1. Provided a fine not exceeding $5,000, imprisonment +not exceeding 7 years, and forfeiture of ship, +for equipping a slaver even for the foreign trade; +and a fine not exceeding $3,000, and imprisonment +not exceeding 5 years, for serving on board +any slaver. <i>Annals of Cong.</i>, 18 Cong. 1 sess. pp. +2397–8; <i>House Journal</i>, 18 Cong. 1 sess. pp. 26, +180, 181, 323, 329, 356, 423.</p> + + +<p class="atitle">1824, May 21. President Monroe's Message on Treaty of +1824.</p> + +<p class="atext"><i>Amer. State Papers, Foreign</i>, V. 344–6.</p> + + +<p class="atitle">1824, Nov. 6. [Great Britain and Sweden: Treaty.</p> + +<p class="atext">Right of Search granted for the suppression of the +slave-trade. <i>British and Foreign State Papers</i>, 1824–5, +pp. 3–28.]</p> + + +<p class="atitle">1824, Nov. 6. Great Britain: Counter Project of 1825.</p> + +<p class="atext">Great Britain proposes to conclude the treaty as +amended by the Senate, if the word "America" is +reinstated in Art. I. (Cf. above, March 13, 1824.) +February 16, 1825, the House Committee favors +this project; March 2, Addington reminds Adams +of this counter proposal; April 6, Clay refuses to +reopen negotiations on account of the failure of +the Colombian treaty. <i>Amer. State Papers, Foreign</i>, +V. 367; <i>House Reports</i>, 18 Cong. 2 sess. I. No. 70; +<i>House Doc.</i>, 19 Cong. 1 sess. I. No. 16.</p> + + +<p class="atitle">1824, Dec. 7. President Monroe's Message.</p> +<p class="pagenum">270</p> +<p class="atext">"It is a cause of serious regret, that no arrangement +has yet been finally concluded between the two +Governments, to secure, by joint co-operation, +the suppression of the slave trade. It was the object +of the British Government, in the early stages +of the negotiation, to adopt a plan for the +suppression, which should include the concession +of the mutual right of search by the ships of war +of each party, of the vessels of the other, for suspected +<!-- Page 270 --><a name="Page_270" id="Page_270"></a>offenders. This was objected to by this +Government, on the principle that, as the right of +search was a right of war of a belligerant towards +a neutral power, it might have an ill effect to extend +it, by treaty, to an offence which had been +made comparatively mild, to a time of peace. Anxious, +however, for the suppression of this trade, it +was thought adviseable, in compliance with a resolution +of the House of Representatives, founded +on an act of Congress, to propose to the British +Government an expedient, which should be free +from that objection, and more effectual for the +object, by making it piratical.... A convention +to this effect was concluded and signed, in London," +on the 13th of March, 1824, "by plenipotentiaries +duly authorized by both Governments, to +the ratification of which certain obstacles have +arisen, which are not yet entirely removed." [For +the removal of which, the documents relating to +the negotiation are submitted for the action of +Congress]....</p> + +<p class="atext">"In execution of the laws for the suppression of the +slave trade, a vessel has been occasionally sent +from that squadron to the coast of Africa, with +orders to return thence by the usual track of the +slave ships, and to seize any of our vessels which +might be engaged in that trade. None have been +found, and, it is believed, that none are thus employed. +It is well known, however, that the trade +still exists under other flags." <i>House Journal</i>, 18 +Cong. 2 sess. pp. 11, 12, 19, 27, 241; <i>House Reports</i>, +18 Cong. 2 sess. I. No. 70; Gales and Seaton, +<i>Register of Debates</i>, I. 625–8, and Appendix, p. 2 ff.</p> + + +<p class="atitle">1825, Feb. 21. United States of Colombia: Proposed +Treaty.</p> + +<p class="atext">The President sends to the Senate a treaty with the +United States of Colombia drawn, as United +States Minister Anderson said, similar to that +signed at London, with the alterations made by +the Senate. March 9, 1825, the Senate rejects this +<!-- Page 271 --><a name="Page_271" id="Page_271"></a>treaty. <i>Amer. State Papers, Foreign</i>, V. 729–35.</p> +<p class="pagenum">271</p> + + +<p class="atitle">1825, Feb. 28. Congress (House): Proposed Resolution on +Slave-Trade.</p> + +<p class="atext">Mr. Mercer laid on the table the following resolution:—</p> + +<p class="atext">"<i>Resolved</i>, That the President of the United States be +requested to enter upon, and prosecute from time +to time, such negotiations with the several maritime +powers of Europe and America, as he may +deem expedient for the effectual abolition of the +slave trade, and its ultimate denunciation, as piracy, +under the law of nations, by the consent of +the civilized world." The House refused to consider +the resolution. <i>House Journal</i>, 18 Cong. 2 +sess. p. 280; Gales and Seaton, <i>Register of Debates</i>, +I. 697, 736.</p> + + +<p class="atitle">1825, March 3. Congress (House): Proposed Resolution +against Right of Search.</p> + +<p class="atext">"Mr. Forsyth submitted the following resolution:</p> + +<p class="atext">"<i>Resolved</i>, That while this House anxiously desires that +the Slave Trade should be, universally, denounced +as Piracy, and, as such, should be detected and +punished under the law of nations, it considers +that it would be highly inexpedient to enter into +engagements with any foreign power, by which +<i>all</i> the merchant vessels of the United States +would be exposed to the inconveniences of any +regulation of search, from which any merchant +vessels of that foreign power would be exempted." +Resolution laid on the table. <i>House Journal</i>, +18 Cong. 2 sess. pp. 308–9; Gales and Seaton, +<i>Register of Debates</i>, I. 739.</p> + + +<p class="atitle">1825, Dec. 6. President Adams's Message.</p> + +<p class="atext">"The objects of the West India Squadron have been, +to carry into execution the laws for the suppression +of the African Slave Trade: for the protection +of our commerce against vessels of piratical character.... +These objects, during the present year, +have been accomplished more effectually than at +any former period. The African Slave Trade has +<!-- Page 272 --><a name="Page_272" id="Page_272"></a>long been excluded from the use of our flag; and +if some few citizens of our country have continued +to set the laws of the Union, as well as those +of nature and humanity, at defiance, by persevering +in that abominable traffic, it has been only by +sheltering themselves under the banners of other +nations, less earnest for the total extinction of the +trade than ours." <i>House Journal</i>, 19 Cong. 1 sess. +pp. 20, 96, 296–7, 305, 323, 329, 394–5, 399, 410, +414, 421, 451, 640.</p><p class="pagenum">272</p> + + +<p class="atitle">1826, Feb. 14. Congress (House): Proposition to Repeal +Parts of Act of 1819.</p> + +<p class="atext">"Mr. Forsyth submitted the following resolutions, +viz.:</p> + +<p class="atext">1. "<i>Resolved</i>, That it is expedient to repeal so much of +the act of the 3d March, 1819, entitled, 'An act in +addition to the acts prohibiting the slave trade,' as +provides for the appointment of agents on the +coast of Africa.</p> + +<p class="atext">2. "<i>Resolved</i>, That it is expedient so to modify the said +act of the 3d of March, 1819, as to release the +United States from all obligation to support the +negroes already removed to the coast of Africa, +and to provide for such a disposition of those +taken in slave ships who now are in, or who may +be, hereafter, brought into the United States, as +shall secure to them a fair opportunity of obtaining +a comfortable subsistence, without any aid +from the public treasury." Read and laid on the +table. <i>Ibid.</i>, p. 258.</p> + + +<p class="atitle">1826, March 14. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the support of the +navy," etc.</p> + +<p class="atext">"For the agency on the coast of Africa, for receiving +the negroes," etc., $32,000. <i>Statutes at Large</i>, IV. +140, 141.</p> + + +<p class="atitle">1827, March 2. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the support of the +Navy," etc.</p> +<p><span class="pagenum"><!-- Page 273 -->273</span><a name="Page_273" id="Page_273"></a></p> +<p class="atext">"For the agency on the coast of Africa," etc., $56,710. +<i>Ibid.</i>, W. 206, 208.</p> + + +<p class="atitle">1827, March 11. Texas: Introduction of Slaves Prohibited.</p> + +<p class="atext">Constitution of the State of Coahuila and Texas. Preliminary +Provisions:—</p> + +<p class="atext">Art. 13. "From and after the promulgation of the constitution +in the capital of each district, no one +shall be born a slave in the state, and after six +months the introduction of slaves under any pretext +shall not be permitted." <i>Laws and Decrees of +Coahuila and Texas</i> (Houston, 1839), p. 314.</p> + + +<p class="atitle">1827, Sept. 15. Texas: Decree against Slave-Trade.</p> + +<p class="atext">"The Congress of the State of Coahuila and Texas decrees +as follows:"</p> + +<p class="atext">Art. 1. All slaves to be registered.</p> + +<p class="atext">Art. 2, 3. Births and deaths to be recorded.</p> + +<p class="atext">Art. 4. "Those who introduce slaves, after the expiration +of the term specified in article 13 of the +Constitution, shall be subject to the penalties +established by the general law of the 13th of July, +1824." <i>Ibid.</i>, pp. 78–9.</p> + + +<p class="atitle">1828, Feb. 25. Congress (House): Proposed Bill to Abolish +African Agency, etc.</p> + +<p class="atext">"Mr. McDuffie, from the Committee of Ways and +Means, ... reported the following bill:</p> + +<p class="atext">"A bill to abolish the Agency of the United States on +the Coast of Africa, to provide other means of +carrying into effect the laws prohibiting the slave +trade, and for other purposes." This bill was +amended so as to become the act of May 24, 1828 +(see below). <i>House Reports</i>, 21 Cong. 1 sess. III. +No. 348, p. 278.</p> + + +<p class="atitle">1828, May 24. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making an appropriation for the suppression +of the slave trade." <i>Statutes at Large</i>, IV. 302; +<i>House Journal</i>, 20 Cong. 1 sess., House Bill No. +190.</p> + + +<p class="atitle">1829, Jan. 28. Congress (House): Bill to Amend Act of +1807.</p> +<p class="pagenum">274</p> +<p class="atext">The Committee on Commerce reported "a bill (No. +399) to amend an act, entitled 'An act to prohi<!-- Page 274 --><a name="Page_274" id="Page_274"></a>bit +the importation of slaves,'" etc. Referred to +Committee of the Whole. <i>House Journal</i>, 20 Cong. +2 sess. pp. 58, 84, 215. Cf. <i>Ibid.</i>, 20 Cong. 1 sess. +pp. 121, 135.</p> + + +<p class="atitle">1829, March 2. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making additional appropriations for the +support of the navy," etc.</p> + +<p class="atext">"For the reimbursement of the marshal of Florida for +expenses incurred in the case of certain Africans +who were wrecked on the coast of the United +States, and for the expense of exporting them to +Africa," $16,000. <i>Statutes at Large</i>, IV. 353, 354.</p> + + +<p class="atitle">1830, April 7. Congress (House): Resolution against Slave-Trade.</p> + +<p class="atext">Mr. Mercer reported the following resolution:—</p> + +<p class="atext">"<i>Resolved</i>, That the President of the United States be +requested to consult and negotiate with all the +Governments where Ministers of the United +States are, or shall be accredited, on the means of +effecting an entire and immediate abolition of the +African slave trade; and especially, on the expediency, +with that view, of causing it to be universally +denounced as piratical." Referred to +Committee of the Whole; no further action recorded. +<i>House Journal</i>, 21 Cong. 1 sess. p. 512.</p> + + +<p class="atitle">1830, April 7. Congress (House): Proposition to Amend +Act of March 3, 1819.</p> + +<p class="atext">Mr. Mercer, from the committee to which was referred +the memorial of the American Colonization Society, +and also memorials, from the inhabitants of +Kentucky and Ohio, reported with a bill (No. +412) to amend "An act in addition to the acts prohibiting +the slave trade," passed March 3, 1819. +Read twice and referred to Committee of the +Whole. <i>Ibid.</i></p> + + +<p class="atitle">1830, May 31. Congress (Statute): Appropriation.</p> + +<p class="atext">"An Act making a re-appropriation of a sum heretofore +appropriated for the suppression of the slave +trade." <i>Statutes at Large</i>, IV. 425; <i>Senate Journal</i>, +21 Cong. 1 sess. pp. 359, 360, 383; <i>House Journal</i>, 21<!-- Page 275 --><a name="Page_275" id="Page_275"></a> +Cong. 1 sess. pp. 624, 808–11.</p><p class="pagenum">275</p> + + +<p class="atitle">1830. [Brazil: Prohibition of Slave-Trade.</p> + +<p class="atext">Slave-trade prohibited under severe penalties.]</p> + + +<p class="atitle">1831, 1833. [Great Britain and France: Treaty Granting +Right of Search.</p> + +<p class="atext">Convention between Great Britain and France granting +a mutual limited Right of Search on the East +and West coasts of Africa, and on the coasts of the +West Indies and Brazil. <i>British and Foreign State +Papers</i>, 1830–1, p. 641 ff; 1832–3, p. 286 ff.]</p> + + +<p class="atitle">1831, Feb. 16. Congress (House): Proposed Resolution on +Slave-Trade.</p> + +<p class="atext">"Mr. Mercer moved to suspend the rule of the House +in regard to motions, for the purpose of enabling +himself to submit a resolution requesting the Executive +to enter into negotiations with the maritime +Powers of Europe, to induce them to enact +laws declaring the African slave trade piracy, and +punishing it as such." The motion was lost. Gales +and Seaton, <i>Register of Debates</i>, VII. 726.</p> + + +<p class="atitle">1831, March 2. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the naval service," +etc.</p> + +<p class="atext">"For carrying into effect the acts for the suppression +of the slave trade," etc., $16,000. <i>Statutes at +Large</i>, IV. 460, 462.</p> + + +<p class="atitle">1831, March 3. Congress (House): Resolution as to +Treaties.</p> + +<p class="atext">"Mr. Mercer moved to suspend the rule to enable him +to submit the following resolution:</p> + +<p class="atext">"<i>Resolved</i>, That the President of the United States be +requested to renew, and to prosecute from time +to time, such negotiations with the several maritime +powers of Europe and America as he may +deem expedient for the effectual abolition of the +African slave trade, and its ultimate denunciation +as piracy, under the laws of nations, by the consent +of the civilized world." The rule was suspended +by a vote of 108 to 36, and the resolution +passed, 118 to 32. <i>House Journal</i>, 21 Cong. 2 sess.pp. 426–8.</p> +<!-- Page 276 --><p><span class="pagenum">276</span><a name="Page_276" id="Page_276"></a></p> + + +<p class="atitle">1833, Feb. 20. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the naval service," +etc.</p> + +<p class="atext">" ... for carrying into effect the acts for the suppression +of the slave trade," etc., $5,000. <i>Statutes at +Large</i>, IV. 614, 615.</p> + + +<p class="atitle">1833, August. Great Britain and France: Proposed Treaty +with the United States.</p> + +<p class="atext">British and French ministers simultaneously invited +the United States to accede to the Convention just +concluded between them for the suppression of +the slave-trade. The Secretary of State, Mr. +M'Lane, deferred answer until the meeting of +Congress, and then postponed negotiations on account +of the irritable state of the country on the +slave question. Great Britain had proposed that +"A reciprocal right of search ... be conceded by +the United States, limited as to place, and subject +to specified restrictions. It is to be employed only +in repressing the Slave Trade, and to be exercised +under a written and specific authority, conferred +on the Commander of the visiting ship." In the +act of accession, "it will be necessary that the right +of search should be extended to the coasts of the +United States," and Great Britain will in turn extend +it to the British West Indies. This proposal +was finally refused, March 24, 1834, chiefly, as +stated, because of the extension of the Right of +Search to the coasts of the United States. This +part was waived by Great Britain, July 7, 1834. On +Sept. 12 the French Minister joined in urging +accession. On Oct. 4, 1834, Forsyth states that the +determination has "been definitely formed, not to +make the United States a party to any Convention +on the subject of the Slave Trade." <i>Parliamentary +Papers</i>, 1835, Vol. LI., <i>Slave Trade</i>, Class B., pp. +84–92.</p> + + +<p class="atitle">1833, Dec. 23. Georgia: Slave-Trade Acts Amended.</p> +<p><span class="pagenum"><!-- Page 277 -->277</span><a name="Page_277" id="Page_277"></a></p> +<p class="atext">"An Act to reform, amend, and consolidate the penal +laws of the State of Georgia."</p> + +<p class="atext">13th Division. "Offences relative to Slaves":—</p> + +<p class="atext">§ 1. "If any person or persons shall bring, import, or +introduce into this State, or aid or assist, or +knowingly become concerned or interested, in +bringing, importing, or introducing into this +State, either by land or by water, or in any manner +whatever, any slave or slaves, each and every +such person or persons so offending, shall be +deemed principals in law, and guilty of a high +misdemeanor, and ... on conviction, shall be +punished by a fine not exceeding five hundred +dollars each, for each and every slave, ... and +imprisonment and labor in the penitentiary for +any time not less than one year, nor longer than +four years." Residents, however, may bring slaves +for their own use, but must register and swear +they are not for sale, hire, mortgage, etc.</p> + +<p class="atext">§ 6. Penalty for knowingly receiving such slaves, $500. +Slightly amended Dec. 23, 1836, e.g., emigrants +were allowed to hire slaves out, etc.; amended +Dec. 19, 1849, so as to allow importation of slaves +from "any other slave holding State of this +Union." Prince, <i>Digest</i>, pp. 619, 653, 812; Cobb, +<i>Digest</i>, II. 1018.</p> + + +<p class="atitle">1834, Jan. 24. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the naval service," +etc.</p> + +<p class="atext">"For carrying into effect the acts for the suppression +of the slave trade," etc., $5,000. <i>Statutes at Large</i>, +IV. 670, 671.</p> + + +<p class="atitle">1836, March 17. Texas: African Slave-Trade Prohibited.</p> + +<p class="atext">Constitution of the Republic of Texas: General Provisions:—</p> + +<p class="atext">§ 9. All persons of color who were slaves for life before +coming to Texas shall remain so. "Congress shall +pass no laws to prohibit emigrants from bringing +their slaves into the republic with them, and holding +them by the same tenure by which such slaves +were held in the United States; ... the importation +<!-- Page 278 --><a name="Page_278" id="Page_278"></a>or admission of Africans or negroes into +this republic, excepting from the United States of +America, is forever prohibited, and declared to be +piracy." <i>Laws of the Republic of Texas</i> (Houston, +1838), I. 19.</p><p class="pagenum">278</p> + + +<p class="atitle">1836, Dec. 21. Texas: Slave-Trade made Piracy.</p> + +<p class="atext">"An Act supplementary to an act, for the punishment +of Crimes and Misdemeanors."</p> + +<p class="atext">§ 1. "<i>Be it enacted</i> ..., That if any person or persons +shall introduce any African negro or negroes, contrary +to the true intent and meaning of the ninth +section of the general provisions of the constitution, ... +except such as are from the United +States of America, and had been held as slaves +therein, be considered guilty of piracy; and upon +conviction thereof, before any court having cognizance +of the same, shall suffer death, without +the benefit of clergy."</p> + +<p class="atext">§ 2. The introduction of Negroes from the United +States of America, except of those legally held as +slaves there, shall be piracy. <i>Ibid.</i>, I. 197. Cf. <i>House +Doc.</i>, 27 Cong. 1 sess. No. 34, p. 42.</p> + + +<p class="atitle">1837, March 3. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the naval service," +etc.</p> + +<p class="atext">"For carrying into effect the acts for the suppression +of the slave trade," etc., $11,413.57. <i>Statutes at +Large</i>, V. 155, 157.</p> + + +<p class="atitle">1838, March 19. Congress (Senate): Slave-Trade with +Texas, etc.</p> + +<p class="atext">"Mr. Morris submitted the following motion for consideration:</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on the Judiciary be instructed +to inquire whether the present laws of +the United States, on the subject of the slave +trade, will prohibit that trade being carried on between +citizens of the United States and citizens of +the Republic of Texas, either by land or by sea; +and whether it would be lawful in vessels owned +by citizens of that Republic, and not lawful in +<!-- Page 279 --><a name="Page_279" id="Page_279"></a>vessels owned by citizens of this, or lawful in +both, and by citizens of both countries; and also +whether a slave carried from the United States +into a foreign country, and brought back, on returning +into the United States, is considered a free +person, or is liable to be sent back, if demanded, +as a slave, into that country from which he or she +last came; and also whether any additional legislation +by Congress is necessary on any of these +subjects." March 20, the motion of Mr. Walker +that this resolution "lie on the table," was determined +in the affirmative, 32 to 9. <i>Senate Journal</i>, +25 Cong. 2 sess. pp. 297–8, 300.</p><p class="pagenum">279</p> + + +<p class="atitle">1839, Feb. 5. Congress (Senate): Bill to Amend Slave-Trade +Acts.</p> + +<p class="atext">"Mr. Strange, on leave, and in pursuance of notice +given, introduced a bill to amend an act entitled +an act to prohibit the importation of slaves into +any port in the jurisdiction of the United States; +which was read twice, and referred to the Committee +on Commerce." March 1, the Committee +was discharged from further consideration of the +bill. <i>Congressional Globe</i>, 25 Cong. 3 sess. p. 172; +<i>Senate Journal</i>, 25 Cong. 3 sess. pp. 200, 313.</p> + + +<p class="atitle">1839, Dec. 24. President Van Buren's Message.</p> + +<p class="atext">"It will be seen by the report of the Secretary of the +navy respecting the disposition of our ships of +war, that it has been deemed necessary to station +a competent force on the coast of Africa, to prevent +a fraudulent use of our flag by foreigners.</p> + +<p class="atext">"Recent experience has shown that the provisions in +our existing laws which relate to the sale and +transfer of American vessels while abroad, are extremely +defective. Advantage has been taken of +these defects to give to vessels wholly belonging +to foreigners, and navigating the ocean, an apparent +American ownership. This character has been +so well simulated as to afford them comparative +security in prosecuting the slave trade, a traffic +emphatically denounced in our statutes, regarded +<!-- Page 280 --><a name="Page_280" id="Page_280"></a>with abhorrence by our citizens, and of which the +effectual suppression is nowhere more sincerely +desired than in the United States. These circumstances +make it proper to recommend to your +early attention a careful revision of these laws, so +that ... the integrity and honor of our flag may +be carefully preserved." <i>House Journal</i>, 26 Cong. 1 +sess. pp. 117–8.</p><p class="pagenum">280</p> + + +<p class="atitle">1840, Jan. 3. Congress (Senate): Bill to Amend Act of 1807.</p> + +<p class="atext">"Agreeably to notice, Mr. Strange asked and obtained +leave to bring in a bill (Senate, No. 123) to amend +an act entitled 'An act to prohibit the importation +of slaves into any port or place within the jurisdiction +of the United States from and after the 1st +day of January, in the year 1808,' approved the 2d +day of March, 1807; which was read the first and +second times, by unanimous consent, and referred +to the Committee on the Judiciary." Jan. 8, it was +reported without amendment; May 11, it was considered, +and, on motion by Mr. King, "<i>Ordered</i>, +That it lie on the table." <i>Senate Journal</i>, 26 Cong. +1 sess. pp. 73, 87, 363.</p> + + +<p class="atitle">1840, May 4. Congress (Senate): Bill on Slave-Trade.</p> + +<p class="atext">"Mr. Davis, from the Committee on Commerce, reported +a bill (Senate, No. 335) making further provision +to prevent the abuse of the flag of the +United States, and the use of unauthorized papers +in the foreign slavetrade, and for other purposes." +This passed the Senate, but was dropped in the +House. <i>Ibid.</i>, pp. 356, 359, 440, 442; <i>House Journal</i>, +26 Cong. 1 sess. pp. 1138, 1228, 1257.</p> + + +<p class="atitle">1841, June 1. Congress (House): President Tyler's Message.</p> +<p class="pagenum">281</p> +<p class="atext">"I shall also, at the proper season, invite your attention +to the statutory enactments for the suppression of +the slave trade, which may require to be rendered +more efficient in their provisions. There is reason +to believe that the traffic is on the increase. +Whether such increase is to be ascribed to the +abolition of slave labor in the British possessions +<!-- Page 281 --><a name="Page_281" id="Page_281"></a>in our vicinity, and an attendant diminution in the +supply of those articles which enter into the general +consumption of the world, thereby augmenting +the demand from other quarters, ... it were +needless to inquire. The highest considerations of +public honor, as well as the strongest promptings +of humanity, require a resort to the most vigorous +efforts to suppress the trade." <i>House Journal</i>, 27 +Cong. 1 sess. pp. 31, 184.</p> + + +<p class="atitle">1841, Dec. 7. President Tyler's Message.</p> + +<p class="atext">Though the United States is desirous to suppress the +slave-trade, she will not submit to interpolations +into the maritime code at will by other nations. +This government has expressed its repugnance to +the trade by several laws. It is a matter for deliberation +whether we will enter upon treaties containing +mutual stipulations upon the subject with +other governments. The United States will demand +indemnity for all depredations by Great +Britain.</p> + +<p class="atext">"I invite your attention to existing laws for the +suppression of the African slave trade, and recommend +all such alterations as may give to them +greater force and efficacy. That the American flag +is grossly abused by the abandoned and profligate +of other nations is but too probable. Congress +has, not long since, had this subject under its consideration, +and its importance well justifies renewed +and anxious attention." <i>House Journal</i>, 27 +Cong. 2 sess. pp. 14–5, 86, 113.</p> + + +<p class="atitle">1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and +France: Quintuple Treaty.] <span style="font-weight: normal;"><i>British and Foreign +State Papers</i>, 1841–2, p. 269 ff.</span></p> + + +<p class="atitle">1842, Feb. 15. Right of Search: Cass's Protest.</p> + +<p class="atext">Cass writes to Webster, that, considering the fact that +the signing of the Quintuple Treaty would oblige +the participants to exercise the Right of Search +denied by the United States, or to make a change +in the hitherto recognized law of nations, he, on +his own responsibility, addressed the following +<!-- Page 282 --><a name="Page_282" id="Page_282"></a>protest to the French Minister of Foreign Affairs, +M. Guizot:—</p><p class="pagenum">282</p> + +<p class="atext">"<span class="smcap">Legation of the United States, +"Paris, February 13, 1842</span>.</p> + +<p class="atext">"<span class="smcap">Sir</span>: The recent signature of a treaty, having for its +object the suppression of the African slave trade, +by five of the powers of Europe, and to which +France is a party, is a fact of such general notoriety +that it may be assumed as the basis of any +diplomatic representations which the subject may +fairly require."</p> + +<p class="atext">The United States is no party to this treaty. She denies +the Right of Visitation which England asserts. +[Quotes from the presidential message of Dec. 7, +1841.] This principle is asserted by the treaty.</p> + +<p class="atext">" ... The moral effect which such a union of five +great powers, two of which are eminently maritime, +but three of which have perhaps never had +a vessel engaged in that traffic, is calculated to +produce upon the United States, and upon other +nations who, like them, may be indisposed to +these combined movements, though it may be regretted, +yet furnishes no just cause of complaint. +But the subject assumes another aspect when they +are told by one of the parties that their vessels are +to be forcibly entered and examined, in order to +carry into effect these stipulations. Certainly the +American Government does not believe that the +high powers, contracting parties to this treaty, +have any wish to compel the United States, by +force, to adopt their measures to its provisions, or +to adopt its stipulations ...; and they will see +with pleasure the prompt disavowal made by +yourself, sir, in the name of your country, ... of +any intentions of this nature. But were it otherwise, ... +They would prepare themselves with +apprehension, indeed, but without dismay—with +regret, but with firmness—for one of those desperate +struggles which have sometimes occurred<!-- Page 283 --><a name="Page_283" id="Page_283"></a> +in the history of the world."</p><p class="pagenum">283</p> + +<p class="atext">If, as England says, these treaties cannot be executed +without visiting United States ships, then France +must pursue the same course. It is hoped, therefore, +that his Majesty will, before signing this +treaty, carefully examine the pretensions of England +and their compatibility with the law of nations +and the honor of the United States. <i>Senate +Doc.</i>, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; +29 Cong. 1 sess. VIII. No. 377, pp. 192–5.</p> + + +<p class="atitle">1842, Feb. 26. Mississippi: Resolutions on Creole Case.</p> + +<p class="atext">The following resolutions were referred to the Committee +on Foreign Affairs in the United States +Congress, House of Representatives, May 10, 1842:</p> + +<p class="atext">"Whereas, the right of search has never been yielded +to Great Britain," and the brig Creole has not +been surrendered by the British authorities, etc., +therefore,</p> + +<p class="atext">§ 1. "<i>Be it resolved by the Legislature of the State of Mississippi</i>, +That ... the right of search cannot be +conceded to Great Britain without a manifest servile +submission, unworthy a free nation....</p> + +<p class="atext">§ 2. "<i>Resolved</i>, That any attempt to detain and search +our vessels, by British cruisers, should be held and +esteemed an unjustifiable outrage on the part of +the Queen's Government; and that any such outrage, +which may have occurred since Lord Aberdeen's +note to our envoy at the Court of St. +James, of date October thirteen, eighteen hundred +and forty-one, (if any,) may well be deemed, by +our Government, just cause of war."</p> + +<p class="atext">§ 3. "<i>Resolved</i>, That the Legislature of the State, in +view of the late murderous insurrection of the +slaves on board the Creole, their reception in a +British port, the absolute connivance at their +crimes, manifest in the protection extended to +them by the British authorities, most solemnly declare +their firm conviction that, if the conduct of +those authorities be submitted to, compounded +for by the payment of money, or in any other +<!-- Page 284 --><a name="Page_284" id="Page_284"></a>manner, or atoned for in any mode except by the +surrender of the actual criminals to the Federal +Government, and the delivery of the other identical +slaves to their rightful owner or owners, or +his or their agents, the slaveholding States would +have most just cause to apprehend that the American +flag is powerless to protect American +property; that the Federal Government is not +sufficiently energetic in the maintenance and preservation +of their peculiar rights; and that these +rights, therefore, are in imminent danger."</p><p class="pagenum">284</p> + +<p class="atext">§ 4. <i>Resolved</i>, That restitution should be demanded "at +all hazards." <i>House Doc.</i>, 27 Cong. 2 sess. IV. No. 215.</p> + + +<p class="atitle">1842, March 21. Congress (House): Giddings's Resolutions.</p> + +<p class="atext">Mr. Giddings moved the following resolutions:—</p> + +<p class="atext">§ 5. "<i>Resolved</i>, That when a ship belonging to the citizens +of any State of this Union leaves the waters +and territory of such State, and enters upon the +high seas, the persons on board cease to be subject +to the slave laws of such State, and therefore +are governed in their relations to each other by, +and are amenable to, the laws of the United +States."</p> + +<p class="atext">§ 6. <i>Resolved</i>, That the slaves in the brig Creole are +amenable only to the laws of the United States.</p> + +<p class="atext">§ 7. <i>Resolved</i>, That those slaves by resuming their natural +liberty violated no laws of the United States.</p> + +<p class="atext">§ 8. <i>Resolved</i>, That all attempts to re-enslave them are +unconstitutional, etc.</p> + +<p class="atext">Moved that these resolutions lie on the table; defeated, +53 to 125. Mr. Giddings withdrew the resolutions. +Moved to censure Mr. Giddings, and he was +finally censured. <i>House Journal</i>, 27 Cong. 2 sess. +pp. 567–80.</p> + + +<p class="atitle">1842, May 10. Congress (House): Remonstrance of Mississippi +against Right of Search.</p> +<p class="pagenum">285</p> +<p class="atext">"Mr. Gwin presented resolutions of the Legislature of +the State of Mississippi, against granting the right +of search to Great Britain for the purpose of suppressing +<!-- Page 285 --><a name="Page_285" id="Page_285"></a>the African slave trade; urging the Government +to demand of the British Government +redress and restitution in relation to the case of +the brig Creole and the slaves on board." Referred +to the Committee on Foreign Affairs. <i>House Journal</i>, +27 Cong. 2 sess. p. 800.</p> + + +<p class="atitle">1842, Aug. 4. United States Statute: Appropriation.</p> + +<p class="atext">"An Act making appropriations for the naval service," +etc.</p> + +<p class="atext">"For carrying into effect the acts for the suppression +of the slave trade," etc. $10,543.42. <i>Statutes at +Large</i>, V. 500, 501.</p> + + +<p class="atitle">1842, Nov. 10. Joint-Cruising Treaty with Great Britain.</p> + +<p class="atext">"Treaty to settle and define boundaries; for the final +suppression of the African slave-trade; and for the +giving up of criminals fugitive from justice. Concluded +August 9, 1842; ratifications exchanged at +London October 13, 1842; proclaimed November +10, 1842." Articles VIII., and IX. Ratified by the +Senate by a vote of 39 to 9, after several unsuccessful +attempts to amend it. <i>U.S. Treaties and +Conventions</i> (1889), pp. 436–7; <i>Senate Exec. Journal</i>, +VI. 118–32.</p> + + +<p class="atitle">1842, Dec. 7. President Tyler's Message.</p> + +<p class="atext">The treaty of Ghent binds the United States and Great +Britain to the suppression of the slave-trade. The +Right of Search was refused by the United States, +and our Minister in France for that reason protested +against the Quintuple Treaty; his conduct +had the approval of the administration. On this +account the eighth article was inserted, causing +each government to keep a flotilla in African +waters to enforce the laws. If this should be +done by all the powers, the trade would be swept +from the ocean. <i>House Journal</i>, 27 Cong. 3 sess. +pp. 16–7.</p> + + +<p class="atitle">1843, Feb. 22. Congress (Senate): Appropriation Opposed.</p> +<p class="pagenum">286</p> +<p class="atext">Motion by Mr. Benton, during debate on naval appropriations, +to strike out appropriation "for the +support of Africans recaptured on the coast of Africa +<!-- Page 286 --><a name="Page_286" id="Page_286"></a>or elsewhere, and returned to Africa by the +armed vessels of the United States, $5,000." Lost; +similar proposition by Bagby, lost. Proposition to +strike out appropriation for squadron, lost. March +3, bill becomes a law, with appropriation for Africans, +but without that for squadron. <i>Congressional +Globe</i>, 27 Cong. 3 sess. pp. 328, 331–6; +<i>Statutes at Large</i>, V. 615.</p> + + +<p class="atitle">1845, Feb. 20. President Tyler's Special Message to Congress.</p> + +<p class="atext">Message on violations of Brazilian slave-trade laws by +Americans. <i>House Journal</i>, 28 Cong. 2 sess. pp. +425, 463; <i>House Doc.</i>, 28 Cong. 2 sess. IV. No. 148. +Cf. <i>Ibid.</i>, 29 Cong. 1 sess. III. No. 43.</p> + + +<p class="atitle">1846, Aug. 10. United States Statute: Appropriation.</p> + +<p class="atext">"For carrying into effect the acts for the suppression +of the slave trade, including the support of recaptured +Africans, and their removal to their country, +twenty-five thousand dollars." <i>Statutes at Large</i>, +IX. 96.</p> + + +<p class="atitle">1849, Dec. 4. President Taylor's Message.</p> + +<p class="atext">"Your attention is earnestly invited to an amendment +of our existing laws relating to the African slave-trade, +with a view to the effectual suppression of +that barbarous traffic. It is not to be denied that +this trade is still, in part, carried on by means of +vessels built in the United States, and owned or +navigated by some of our citizens." <i>House Exec. +Doc.</i>, 31 Cong. 1 sess. III. No. 5, pp. 7–8.</p> + + +<p class="atitle">1850, Aug. 1. Congress (House): Bill for War Steamers.</p> + +<p class="atext">"A bill (House, No. 367) to establish a line of war +steamers to the coast of Africa for the suppression +of the slave trade and the promotion of commerce +and colonization." Read twice, and referred to +Committee of the Whole. <i>House Journal</i>, 31 Cong. +1 sess. pp. 1022, 1158, 1217.</p> + + +<p class="atitle">1850, Dec. 16. Congress (House): Treaty of Washington.</p> + +<p class="atext">"Mr. Burt, by unanimous consent, introduced a joint +resolution (No. 28) 'to terminate the eighth article +of the treaty between the United States and Great +<!-- Page 287 --><a name="Page_287" id="Page_287"></a>Britain concluded at Washington the ninth day +of August, 1842.'" Read twice, and referred to +the Committee on Naval Affairs. <i>Ibid.</i>, 31 Cong. 2 +sess. p. 64.</p><p class="pagenum">287</p> + + +<p class="atitle">1851, Jan. 22. Congress (Senate): Resolution on Sea +Letters.</p> + +<p class="atext">"The following resolution, submitted by Mr. Clay the +20th instant, came up for consideration:—</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on Commerce be instructed +to inquire into the expediency of making +more effectual provision by law to prevent the +employment of American vessels and American +seamen in the African slave trade, and especially +as to the expediency of granting sea letters or +other evidence of national character to American +vessels clearing out of the ports of the empire of +Brazil for the western coast of Africa." Agreed to. +<i>Congressional Globe</i>, 31 Cong. 2 sess. pp. 304–9; +<i>Senate Journal</i>, 31 Cong. 2 sess. pp. 95, 102–3.</p> + + +<p class="atitle">1851, Feb. 19. Congress (Senate): Bill on Slave-Trade.</p> + +<p class="atext">"A bill (Senate, No. 472) concerning the intercourse +and trade of vessels of the United States with certain +places on the eastern and western coasts of +Africa, and for other purposes." Read once. <i>Senate +Journal</i>, 31 Cong. 2 sess. pp. 42, 45, 84, 94, 159, +193–4; <i>Congressional Globe</i>, 31 Cong. 2 sess. pp. +246–7.</p> + + +<p class="atitle">1851, Dec. 3. Congress (House): Bill to Amend Act of 1807.</p> + +<p class="atext">Mr. Giddings gave notice of a bill to repeal §§ 9 and +10 of the act to prohibit the importation of slaves, +etc. from and after Jan. 1, 1808. <i>House Journal</i>, 32 +Cong. 1 sess. p. 42. Cf. <i>Ibid.</i>, 33 Cong. 1 sess. +p. 147.</p> + + +<p class="atitle">1852, Feb. 5. Alabama: Illegal Importations.</p> + +<p class="atext">By code approved on this date:—</p> + +<p class="atext">§§ 2058–2062. If slaves have been imported contrary +to law, they are to be sold, and one fourth paid +to the agent or informer and the residue to the +treasury. An agent is to be appointed to take +charge of such slaves, who is to give bond. Pending +<!-- Page 288 --><a name="Page_288" id="Page_288"></a>controversy, he may hire the slaves out. Ormond, +<i>Code of Alabama</i>, pp. 392–3.</p><p class="pagenum">288</p> + + +<p class="atitle">1853, March 3. Congress (Senate): Appropriation Proposed.</p> + +<p class="atext">A bill making appropriations for the naval service for +the year ending June 30, 1854. Mr. Underwood +offered the following amendment:—</p> + +<p class="atext">"For executing the provisions of the act approved 3d +of March, 1819, entitled 'An act in addition to +the acts prohibiting the slave trade,' $20,000." +Amendment agreed to, and bill passed. It appears, +however, to have been subsequently amended in +the House, and the appropriation does not stand +in the final act. <i>Congressional Globe</i>, 32 Cong. 2 +sess. p. 1072; <i>Statutes at Large</i>, X. 214.</p> + + +<p class="atitle">1854, May 22. Congress (Senate): West India Slave-Trade.</p> + +<p class="atext">Mr. Clayton presented the following resolution, which +was unanimously agreed to:—</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on Foreign Relations +be instructed to inquire into the expediency of +providing by law for such restrictions on the +power of American consuls residing in the Spanish +West India islands to issue sea letters on the +transfer of American vessels in those islands, as +will prevent the abuse of the American flag in +protecting persons engaged in the African slave +trade." June 26, 1854, this committee reported "a +bill (Senate, No. 416) for the more effectual +suppression of the slave-trade in American built +vessels." Passed Senate, postponed in House. <i>Senate +Journal</i>, 33 Cong. 1 sess. pp. 404, 457–8, 472–3, +476; <i>House Journal</i>, 33 Cong. 1 sess. pp. 1093, +1332–3; <i>Congressional Globe</i>, 33 Cong. 1 sess. pp. +1257–61, 1511–3, 1591–3, 2139.</p> + + +<p class="atitle">1854, May 29. Congress (Senate): Treaty of Washington.</p> + +<p class="atext"><i>Resolved</i>, "that, in the opinion of the Senate, it is expedient, +and in conformity with the interests and +sound policy of the United States, that the eighth +article of the treaty between this government and +Great Britain, of the 9th of August, 1842, should<!-- Page 289 --><a name="Page_289" id="Page_289"></a> +be abrogated." Introduced by Slidell, and favorably +reported from Committee on Foreign Relations +in Executive Session, June 13, 1854. <i>Senate +Journal</i>, 34 Cong. 1–2 sess. pp. 396, 695–8; <i>Senate +Reports</i>, 34 Cong. 1 sess. I. No. 195.</p><p class="pagenum">289</p> + + +<p class="atitle">1854, June 21. Congress (Senate): Bill Regulating Navigation.</p> + +<p class="atext">"Mr. Seward asked and obtained leave to bring in a +bill (Senate, No. 407) to regulate navigation to +the coast of Africa in vessels owned by citizens of +the United States, in certain cases; which was read +and passed to a second reading." June 22, ordered +to be printed. <i>Senate Journal</i>, 33 Cong. 1 sess. pp. +448, 451; <i>Congressional Globe</i>, 33 Cong. 1 sess. pp. +1456, 1461, 1472.</p> + + +<p class="atitle">1854, June 26. Congress (Senate): Bill to Suppress Slave-Trade.</p> + +<p class="atext">"A bill for the more effectual suppression of the slave +trade in American built vessels." See references to +May 22, 1854, above.</p> + + +<p class="atitle">1856, June 23. Congress (House): Proposition to Amend +Act of 1818.</p> + +<p class="atext">Notice given of a bill to amend the Act of April 20, +1818. <i>House Journal</i>, 34 Cong. 1 sess. II. 1101.</p> + + +<p class="atitle">1856, Aug. 18. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the Act of March 3, 1819, and subsequent +acts, $8,000. <i>Statutes at Large</i>, XI. 90.</p> + + +<p class="atitle">1856, Nov. 24. South Carolina: Governor's Message.</p> + +<p class="atext">Governor Adams, in his annual message to the legislature, +said:—</p> +<p class="pagenum">290</p> +<p class="atext">"It is apprehended that the opening of this trade [<i>i.e.</i>, +the slave-trade] will lessen the value of slaves, and +ultimately destroy the institution. It is a sufficient +answer to point to the fact, that unrestricted immigration +has not diminished the value of labor +in the Northwestern section of the confederacy. +The cry there is, want of labor, notwithstanding +capital has the pauperism of the old world to +press into its grinding service. If we cannot supply +the demand for slave labor, then we must expect +<!-- Page 290 --><a name="Page_290" id="Page_290"></a>to be supplied with a species of labor we do not +want, and which is, from the very nature of +things, antagonistic to our institutions. It is much +better that our drays should be driven by slaves—that +our factories should be worked by slaves—that +our hotels should be served by slaves—that +our locomotives should be manned by slaves, than +that we should be exposed to the introduction, +from any quarter, of a population alien to us by +birth, training, and education, and which, in the +process of time, must lead to that conflict between +capital and labor, 'which makes it so difficult to +maintain free institutions in all wealthy and highly +civilized nations where such institutions as ours +do not exist.' In all slaveholding States, true policy +dictates that the superior race should direct, and +the inferior perform all menial service. Competition +between the white and black man for this service, +may not disturb Northern sensibility, but it +does not exactly suit our latitude." <i>South Carolina +House Journal</i>, 1856, p. 36; Cluskey, <i>Political Text-Book</i>, +14 edition, p. 585.</p> + + +<p class="atitle">1856, Dec. 15. Congress (House): Reopening of Slave-Trade.</p> + +<p class="atext">"<i>Resolved</i>, That this House of Representatives regards +all suggestions and propositions of every kind, by +whomsoever made, for a revival of the African +slave trade, as shocking to the moral sentiment of +the enlightened portion of mankind; and that any +action on the part of Congress conniving at or +legalizing that horrid and inhuman traffic would +justly subject the government and citizens of the +United States to the reproach and execration of all +civilized and Christian people throughout the +world." Offered by Mr. Etheridge; agreed to, 152 +to 57. <i>House Journal</i>, 34 Cong. 3 sess. pp. 105–11; +<i>Congressional Globe</i>, 34 Cong. 3 sess. pp. 123–5, +and Appendix, pp. 364–70.</p> +<p><span class="pagenum"><!-- Page 291 -->291</span><a name="Page_291" id="Page_291"></a></p> + +<p class="atitle">1856, Dec. 15. Congress (House): Reopening of Slave-Trade.</p> + +<p class="atext">"<i>Resolved</i>, That it is inexpedient to repeal the laws prohibiting +the African slave trade." Offered by Mr. +Orr; not voted upon. <i>Congressional Globe</i>, 34 +Cong. 3 sess. p. 123.</p> + + +<p class="atitle">1856, Dec. 15. Congress (House): Reopening of Slave-Trade.</p> + +<p class="atext">"<i>Resolved</i>, That it is inexpedient, unwise, and contrary +to the settled policy of the United States, to repeal +the laws prohibiting the African slave trade." Offered +by Mr. Orr; agreed to, 183 to 8. <i>House Journal</i>, +34 Cong. 3 sess. pp. 111–3; <i>Congressional +Globe</i>, 34 Cong. 3 sess. pp. 125–6.</p> + + +<p class="atitle">1856, Dec. 15. Congress (House): Reopening of Slave-Trade.</p> + +<p class="atext">"<i>Resolved</i>, That the House of Representatives, expressing, +as they believe, public opinion both North +and South, are utterly opposed to the reopening +of the slave trade." Offered by Mr. Boyce; not +voted upon. <i>Congressional Globe</i>, 34 Cong. 3 sess. +p. 125.</p> + + +<p class="atitle">1857. South Carolina: Report of Legislative Committee.</p> + +<p class="atext">Special committee of seven on the slave-trade clause in +the Governor's message report: majority report of +six members, favoring the reopening of the African +slave-trade; minority report of Pettigrew, opposing +it. <i>Report of the Special Committee</i>, etc., +published in 1857.</p> + + +<p class="atitle">1857, March 3. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the Act of March 3, 1819, and subsequent +acts, $8,000. <i>Statutes at Large</i>, XI. 227; <i>House +Journal</i>, 34 Cong. 3 sess. p. 397. Cf. <i>House Exec. +Doc.</i>, 34 Cong. 3 sess. IX. No. 70.</p> + + +<p class="atitle">1858, March (?). Louisiana: Bill to Import Africans.</p> + +<p class="atext">Passed House; lost in Senate by two votes. Cf. +<i>Congressional Globe</i>, 35 Cong. 1 sess. p. 1362.</p> + + +<p class="atitle">1858, Dec. 6. President Buchanan's Message.</p> +<p class="pagenum">292</p> +<p class="atext">"The truth is, that Cuba in its existing colonial condition, +is a constant source of injury and annoyance<!-- Page 292 --><a name="Page_292" id="Page_292"></a> +to the American people. It is the only spot in the +civilized world where the African slave trade is +tolerated; and we are bound by treaty with Great +Britain to maintain a naval force on the coast of +Africa, at much expense both of life and treasure, +solely for the purpose of arresting slavers bound +to that island. The late serious difficulties between +the United States and Great Britain respecting the +right of search, now so happily terminated, could +never have arisen if Cuba had not afforded a market +for slaves. As long as this market shall remain +open, there can be no hope for the civilization of +benighted Africa....</p> + +<p class="atext">"It has been made known to the world by my predecessors +that the United States have, on several occasions, +endeavored to acquire Cuba from Spain +by honorable negotiation. If this were accomplished, +the last relic of the African slave trade +would instantly disappear. We would not, if we +could, acquire Cuba in any other manner. This is +due to our national character.... This course +we shall ever pursue, unless circumstances should +occur, which we do not now anticipate, rendering +a departure from it clearly justifiable, under the +imperative and overruling law of self-preservation." +<i>House Exec. Doc.</i>, 35 Cong. 2 sess. II. No. 2, +pp. 14–5. See also <i>Ibid.</i>, pp. 31–3.</p> + + +<p class="atitle">1858, Dec. 23. Congress (House): Resolution on Slave-Trade.</p> + +<p class="atext">On motion of Mr. Farnsworth,</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on Naval Affairs be requested +to inquire and report to this House if +any, and what, further legislation is necessary on +the part of the United States to fully carry out and +perform the stipulations contained in the eighth +article of the treaty with Great Britain (known +as the 'Ashburton treaty') for the suppression of +the slave trade." <i>House Journal</i>, 35 Cong. 2 sess. +pp. 115–6.</p> +<p><span class="pagenum"><!-- Page 293 -->293</span><a name="Page_293" id="Page_293"></a></p> + +<p class="atitle">1859, Jan. 5. Congress (Senate): Resolution on Slave-Trade.</p> + +<p class="atext">On motion of Mr. Seward, Dec. 21, 1858,</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on the Judiciary inquire +whether any amendments to existing laws +ought to be made for the suppression of the African +slave trade." <i>Senate Journal</i>, 35 Cong. 2 sess. +pp. 80, 108, 115.</p> + + +<p class="atitle">1859, Jan. 13. Congress (Senate): Bill on Slave-Trade.</p> + +<p class="atext">Mr. Seward introduced "a bill (Senate, No. 510) in addition +to the acts which prohibit the slave trade." +Referred to committee, reported, and dropped. +<i>Ibid.</i>, pp. 134, 321.</p> + + +<p class="atitle">1859, Jan. 31. Congress (House): Reopening of Slave-Trade.</p> + +<p class="atext">"Mr. Kilgore moved that the rules be suspended, so as +to enable him to submit the following preamble +and resolutions, viz:</p> + +<p class="atext">"Whereas the laws prohibiting the African slave trade +have become a topic of discussion with newspaper +writers and political agitators, many of them +boldly denouncing these laws as unwise in policy +and disgraceful in their provisions, and insisting +on the justice and propriety of their repeal, and +the revival of the odious traffic in African slaves; +and whereas recent demonstrations afford strong +reasons to apprehend that said laws are to be set +at defiance, and their violation openly countenanced +and encouraged by a portion of the citizens +of some of the States of this Union; and +whereas it is proper in view of said facts that the +sentiments of the people's representatives in Congress +should be made public in relation thereto: +Therefore—</p> + +<p class="atext">"<i>Resolved</i>, That while we recognize no right on the +part of the federal government, or any other law-making +power, save that of the States wherein it +exists, to interfere with or disturb the institution +of domestic slavery where it is established or protected +by State legislation, we do hold that Congress +has power to prohibit the foreign traffic<!-- Page 294 --><a name="Page_294" id="Page_294"></a>, and +that no legislation can be too thorough in its measures, +nor can any penalty known to the catalogue +of modern punishment for crime be too severe +against a traffic so inhuman and unchristian.</p><p class="pagenum">294</p> + +<p class="atext">"<i>Resolved</i>, That the laws in force against said traffic +are founded upon the broadest principles of philanthropy, +religion, and humanity; that they +should remain unchanged, except so far as legislation +may be needed to render them more +efficient; that they should be faithfully and +promptly executed by our government, and respected +by all good citizens.</p> + +<p class="atext">"<i>Resolved</i>, That the Executive should be sustained and +commended for any proper efforts whenever and +wherever made to enforce said laws, and to bring +to speedy punishment the wicked violators +thereof, and all their aiders and abettors."</p> + +<p class="atext">Failed of the two-thirds vote necessary to suspend the +rules—the vote being 115 to 84—and was dropped. +<i>House Journal</i>, 35 Cong. 2 sess. pp. 298–9.</p> + + +<p class="atitle">1859, March 3. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the Act of March 3, 1819, and subsequent +acts, and to pay expenses already incurred, +$75,000. <i>Statutes at Large</i>, XI. 404.</p> + + +<p class="atitle">1859, Dec. 19. President Buchanan's Message.</p> + +<p class="atext">"All lawful means at my command have been employed, +and shall continue to be employed, to execute +the laws against the African slave trade. +After a most careful and rigorous examination of +our coasts, and a thorough investigation of the +subject, we have not been able to discover that +any slaves have been imported into the United +States except the cargo by the Wanderer, numbering +between three and four hundred. Those engaged +in this unlawful enterprise have been +rigorously prosecuted, but not with as much success +as their crimes have deserved. A number of +them are still under prosecution. [Here follows a +history of our slave-trade legislation.]</p> +<p><span class="pagenum"><!-- Page 295 -->295</span><a name="Page_295" id="Page_295"></a></p> +<p class="atext">"These acts of Congress, it is believed, have, with very +rare and insignificant exceptions, accomplished +their purpose. For a period of more than half a +century there has been no perceptible addition to +the number of our domestic slaves.... Reopen +the trade, and it would be difficult to determine +whether the effect would be more deleterious on +the interests of the master, or on those of the native +born slave, ..." <i>Senate Exec. Doc.</i>, 36 Cong. +1 sess. I. No. 2, pp. 5–8.</p> + + +<p class="atitle">1860, March 20. Congress (Senate): Proposed Resolution.</p> + +<p class="atext">"Mr. Wilson submitted the following resolution; +which was considered, by unanimous consent, +and agreed to:—</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on the Judiciary be instructed +to inquire into the expediency of so +amending the laws of the United States in relation +to the suppression of the African slave trade as to +provide a penalty of imprisonment for life for a +participation in such trade, instead of the penalty +of forfeiture of life, as now provided; and also an +amendment of such laws as will include in the +punishment for said offense all persons who fit +out or are in any way connected with or interested +in fitting out expeditions or vessels for the +purpose of engaging in such slave trade." <i>Senate +Journal</i>, 36 Cong. 1 sess. p. 274.</p> + + +<p class="atitle">1860, March 20. Congress (Senate): Right of Search.</p> + +<p class="atext">"Mr. Wilson asked, and by unanimous consent obtained, +leave to bring in a joint resolution (Senate, +No. 20) to secure the right of search on the +coast of Africa, for the more effectual suppression +of the African slave trade." Read twice, and +referred to Committee on Foreign Relations. +<i>Ibid.</i></p> + + +<p class="atitle">1860, March 20. Congress (Senate): Steam Vessels for +Slave-Trade.</p><p class="pagenum">296</p> + +<p class="atext">"Mr. Wilson asked, and by unanimous consent obtained, +leave to bring in a bill (Senate, No. 296) +for the construction of five steam screw sloops-of-war, +for service on the African coast." Read twice,<!-- Page 296 --><a name="Page_296" id="Page_296"></a> +and referred to Committee on Naval Affairs; May +23, reported with an amendment. <i>Ibid.</i>, pp. 274, +494–5.</p> + + +<p class="atitle">1860 March 26. Congress (House): Proposed Resolutions.</p> + +<p class="atext">"Mr. Morse submitted ... the following resolutions; +which were read and committed to the Committee +of the Whole House on the state of the +Union, viz:</p> + +<p class="atext">"<i>Resolved</i>, That for the more effectual suppression of +the African slave trade the treaty of 1842 ..., +requiring each country to keep <i>eighty</i> guns on the +coast of Africa for that purpose, should be so +changed as to require a specified and sufficient +number of small steamers and fast sailing brigs or +schooners to be kept on said coast....</p> + +<p class="atext">"<i>Resolved</i>, That as the African slave trade appears to be +rapidly increasing, some effective mode of identifying +the nationality of a vessel on the coast of +Africa suspected of being in the slave trade or of +wearing false colors should be immediately +adopted and carried into effect by the leading +maritime nations of the earth; and that the government +of the United States has thus far, by refusing +to aid in establishing such a system, shown +a strange neglect of one of the best means of suppressing +said trade.</p> + +<p class="atext">"<i>Resolved</i>, That the African slave trade is against the +moral sentiment of mankind and a crime against +human nature; and that as the most highly civilized +nations have made it a criminal offence or +piracy under their own municipal laws, it ought +at once and without hesitation to be declared a +crime by the code of international law; and that +... the President be requested to open negotiations +on this subject with the leading powers of +Europe." ... <i>House Journal</i>, 36 Cong. 1 sess. I. +588–9.</p> + + +<p class="atitle">1860, April 16. Congress (Senate): Bill on Slave-Trade.</p> +<p class="pagenum">297</p> +<p class="atext">"Mr. Wilson asked, and by unanimous consent +obtained, leave to bring in a bill (Senate, No. +<!-- Page 297 --><a name="Page_297" id="Page_297"></a>408) for the more effectual suppression of the +slave trade." Bill read twice, and ordered to lie on +the table; May 21, referred to Committee on the +Judiciary, and printed. <i>Senate Journal</i>, 36 Cong. 1 +sess. pp. 394, 485; <i>Congressional Globe</i>, 36 Cong. 1 +sess. pp. 1721, 2207–11.</p> + + +<p class="atitle">1860, May 21. Congress (House): Buyers of Imported +Negroes.</p> + +<p class="atext">"Mr. Wells submitted the following resolution, and debate +arising thereon, it lies over under the rule, +viz:</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on the Judiciary be instructed +to report forthwith a bill providing that +any person purchasing any negro or other person +imported into this country in violation of the laws +for suppressing the slave trade, shall not by reason +of said purchase acquire any title to said negro or +person; and where such purchase is made with a +knowledge that such negro or other person has +been so imported, shall forfeit not less than one +thousand dollars, and be punished by imprisonment +for a term not less than six months." <i>House +Journal</i>, 36 Cong. 1 sess. II. 880.</p> + + +<p class="atitle">1860, May 26. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the Act of March 3, 1819, and subsequent +acts, $40,000. <i>Statutes at Large</i>, XII. 21.</p> + + +<p class="atitle">1860, June 16. United States Statute: Additional Act to +Act of 1819.</p> + +<p class="atext">"An Act to amend an Act entitled 'An Act in addition +to the Acts Prohibiting the Slave Trade.'" <i>Ibid.</i>, +XII. 40–1; <i>Senate Journal</i>, 36 Cong. 1 sess., Senate +Bill No. 464.</p> + + +<p class="atitle">1860, July 11. Great Britain: Proposed Co-operation.</p> + +<p class="atext">Lord John Russell suggested for the suppression of the +trade:—</p> + +<p class="atext">"1st. A systematic plan of cruising on the coast of Cuba +by the vessels of Great Britain, Spain, and the +United States.</p> + +<p class="atext">"2d. Laws of registration and inspection in the Island +of Cuba, by which the employment of slaves, imported +<!-- Page 298 --><a name="Page_298" id="Page_298"></a>contrary to law, might be detected by the +Spanish authorities.</p><p class="pagenum">298</p> + +<p class="atext">"3d. A plan of emigration from China, regulated by +the agents of European nations, in conjunction +with the Chinese authorities." President Buchanan +refused to co-operate on this plan. <i>House +Exec. Doc.</i>, 36 Cong. 2 sess. IV. No. 7, pp. 441–3, +446–8.</p> + + +<p class="atitle">1860, Dec. 3. President Buchanan's Message.</p> + +<p class="atext">"It is with great satisfaction I communicate the fact +that since the date of my last annual message not +a single slave has been imported into the United +States in violation of the laws prohibiting the African +slave trade. This statement is founded upon +a thorough examination and investigation of the +subject. Indeed, the spirit which prevailed some +time since among a portion of our fellow-citizens +in favor of this trade seems to have entirely subsided." +<i>Senate Exec. Doc.</i>, 36 Cong. 2 sess. I. No. +1, p. 24.</p> + + +<p class="atitle">1860, Dec. 12. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Mr. John Cochrane's resolution:—</p> + +<p class="atext">"The migration or importation of slaves into the +United States or any of the Territories thereof, +from any foreign country, is hereby prohibited." +<i>House Journal</i>, 36 Cong. 2 sess. pp. 61–2; <i>Congressional +Globe</i>, 36 Cong. 2 sess. p. 77.</p> + + +<p class="atitle">1860, Dec. 24. Congress (Senate): Bill on Slave-Trade.</p> + +<p class="atext">"Mr. Wilson asked, and by unanimous consent obtained, +leave to bring in a bill (Senate, No. 529) +for the more effectual suppression of the slave +trade." Read twice, and referred to Committee on +the Judiciary; not mentioned again. <i>Senate Journal</i>, +36 Cong. 2 sess. p. 62; <i>Congressional Globe</i>, 36 +Cong. 2 sess. p. 182.</p> + + +<p class="atitle">1861, Jan. 7. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Mr. Etheridge's resolution:—</p> +<p><span class="pagenum"><!-- Page 299 -->299</span><a name="Page_299" id="Page_299"></a></p> +<p class="atext">§ 5. "The migration or importation of persons held to +service or labor for life, or a term of years, into +any of the States, or the Territories belonging +to the United States, is perpetually prohibited; +and Congress shall pass all laws necessary to make +said prohibition effective." <i>Congressional Globe</i>, +36 Cong. 2 sess. p. 279.</p> + + +<p class="atitle">1861, Jan. 23. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Resolution of Mr. Morris of Pennsylvania:— +"Neither Congress nor a Territorial Legislature shall +make any law respecting slavery or involuntary +servitude, except as a punishment for crime; but +Congress may pass laws for the suppression of the +African slave trade, and the rendition of fugitives +from service or labor in the States." Mr. Morris +asked to have it printed, that he might at the +proper time move it as an amendment to the report +of the select committee of thirty-three. It was +ordered to be printed. <i>Ibid.</i>, p. 527.</p> + + +<p class="atitle">1861, Feb. 1. Congress (House): Proposition to Amend +Constitution.</p> + +<p class="atext">Resolution of Mr. Kellogg of Illinois:—</p> + +<p class="atext">§ 16. "The migration or importation of persons held +to service or involuntary servitude into any State, +Territory, or place within the United States, from +any place or country beyond the limits of the +United States or Territories thereof, is forever +prohibited." Considered Feb. 27, 1861, and lost. +<i>Ibid.</i>, pp. 690, 1243, 1259–60.</p> + + +<p class="atitle">1861, Feb. 8. Confederate States of America: Importation +Prohibited.</p> + +<p class="atext">Constitution for the Provisional Government of the +Confederate States of America, Article I. Section +7:—</p> + +<p class="atext">"1. The importation of African negroes from any foreign +country other than the slave-holding States +of the United States, is hereby forbidden; and +Congress are required to pass such laws as shall +effectually prevent the same.</p> +<p><span class="pagenum"><!-- Page 300 -->300</span><a name="Page_300" id="Page_300"></a></p> +<p class="atext">"2. The Congress shall also have power to prohibit the +introduction of slaves from any State not a member +of this Confederacy." March 11, 1861, this article +was placed in the permanent Constitution. +The first line was changed so as to read "negroes +of the African race." <i>C.S.A. Statutes at Large, +1861–2</i>, pp. 3, 15.</p> + + +<p class="atitle">1861, Feb. 9. Confederate States of America: Statutory +Prohibition.</p> + +<p class="atext">"<i>Be it enacted by the Confederate States of America in +Congress assembled</i>, That all the laws of the United +States of America in force and in use in the Confederate +States of America on the first day of +November last, and not inconsistent with the +Constitution of the Confederate States, be and +the same are hereby continued in force until altered +or repealed by the Congress." <i>Ibid.</i>, p. 27.</p> + + +<p class="atitle">1861, Feb. 19. United States Statute: Appropriation.</p> + +<p class="atext">To supply deficiencies in the fund hitherto appropriated +to carry out the Act of March 3, 1819, and +subsequent acts, $900,000. <i>Statutes at Large</i>, XII. +132.</p> + + +<p class="atitle">1861, March 2. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the Act of March 3, 1819, and subsequent +acts, and to provide compensation for district +attorneys and marshals, $900,000. <i>Ibid.</i>, XII. +218–9.</p> + + +<p class="atitle">1861, Dec. 3. President Lincoln's Message.</p> + +<p class="atext">"The execution of the laws for the suppression of the +African slave trade has been confided to the Department +of the Interior. It is a subject of gratulation +that the efforts which have been made for +the suppression of this inhuman traffic have been +recently attended with unusual success. Five vessels +being fitted out for the slave trade have been +seized and condemned. Two mates of vessels engaged +in the trade, and one person in equipping +a vessel as a slaver, have been convicted and subjected +to the penalty of fine and imprisonment, +and one captain, taken with a cargo of Africans +on board his vessel, has been convicted of the +<!-- Page 301 --><a name="Page_301" id="Page_301"></a>highest grade of offence under our laws, the punishment +of which is death." <i>Senate Exec. Doc.</i>, 37 +Cong. 2 sess. I. No. 1, p. 13.</p><p class="pagenum">301</p> + + +<p class="atitle">1862, Jan. 27. Congress (Senate): Bill on Slave-Trade.</p> + +<p class="atext">"Agreeably to notice Mr. Wilson, of Massachusetts, +asked and obtained leave to bring in a bill (Senate, +No. 173), for the more effectual suppression +of the slave trade." Read twice, and referred to +Committee on the Judiciary; Feb. 11, 1863, reported +adversely, and postponed indefinitely. <i>Senate +Journal</i>, 37 Cong. 2 sess. p. 143; 37 Cong. 3 +sess. pp. 231–2.</p> + + +<p class="atitle">1862, March 14. United States Statute: Appropriation.</p> + +<p class="atext">For compensation to United States marshals, district +attorneys, etc., for services in the suppression of +the slave-trade, so much of the appropriation of +March 2, 1861, as may be expedient and proper, +not exceeding in all $10,000. <i>Statutes at Large</i>, +XII. 368–9.</p> + + +<p class="atitle">1862, March 25. United States Statute: Prize Law.</p> + +<p class="atext">"An Act to facilitate Judicial Proceedings in Adjudications +upon Captured Property, and for the better +Administration of the Law of Prize." Applied to +captures under the slave-trade law. <i>Ibid.</i>, XII. +374–5; <i>Congressional Globe</i>, 37 Cong. 2 sess., Appendix, +pp. 346–7.</p> + + +<p class="atitle">1862, June 7. Great Britain: Treaty of 1862.</p> + +<p class="atext">"Treaty for the suppression of the African slave trade. +Concluded at Washington April 7, 1862; ratifications +exchanged at London May 20, 1862; proclaimed +June 7, 1862." Ratified unanimously by +the Senate. <i>U.S. Treaties and Conventions</i> (1889), +pp. 454–66. See also <i>Senate Exec. Journal</i>, XII. pp. +230, 231, 240, 254, 391, 400, 403.</p> + + +<p class="atitle">1862, July 11. United States Statute: Treaty of 1862 Carried +into Effect.</p> + +<p class="atext">"An Act to carry into Effect the Treaty between the +United States and her Britannic Majesty for the +Suppression of the African Slave-Trade." <i>Statutes</i> +<i>at Large</i>, XII. 531; <i>Senate Journal</i> and <!-- Page 302 --><a name="Page_302" id="Page_302"></a><i>House Journal</i>, +37 Cong. 2 sess., Senate Bill No. 352.</p><p class="pagenum">302</p> + + +<p class="atitle">1862, July 17. United States Statute: Former Acts +Amended.</p> + +<p class="atext">"An Act to amend an Act entitled 'An Act to amend +an Act entitled "An Act in Addition to the Acts +prohibiting the Slave Trade."'" <i>Statutes at Large</i>, +XII. 592–3; <i>Senate Journal</i> and <i>House Journal</i>, 37 +Cong. 2 sess., Senate Bill No. 385.</p> + + +<p class="atitle">1863, Feb. 4. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $17,000. <i>Statutes at Large</i>, XII. 639.</p> + + +<p class="atitle">1863, March 3. Congress: Joint Resolution.</p> + +<p class="atext">"Joint Resolution respecting the Compensation of the +Judges and so forth, under the Treaty with Great +Britain and other Persons employed in the +Suppression of the Slave Trade." <i>Statutes at +Large</i>, XII. 829.</p> + + +<p class="atitle">1863, April 22. Great Britain: Treaty of 1862 Amended.</p> + +<p class="atext">"Additional article to the treaty for the suppression of +the African slave trade of April 7, 1862." Concluded +February 17, 1863; ratifications exchanged +at London April 1, 1863; proclaimed April 22, 1863.</p> + +<p class="atext">Right of Search extended. <i>U.S. Treaties and Conventions</i> +(1889), pp. 466–7.</p> + + +<p class="atitle">1863, Dec. 17. Congress (House): Resolution on Coastwise +Slave-Trade.</p> + +<p class="atext">Mr. Julian introduced a bill to repeal portions of the +Act of March 2, 1807, relative to the coastwise +slave-trade. Read twice, and referred to Committee +on the Judiciary. <i>Congressional Globe</i>, 38 Cong. +1 sess. p. 46.</p> + + +<p class="atitle">1864, July 2. United States Statute: Coastwise Slave-Trade +Prohibited Forever.</p> + +<p class="atext">§ 9 of Appropriation Act repeals §§ 8 and 9 of Act of +1807. <i>Statutes at Large</i>, XIII. 353.</p> + + +<p class="atitle">1864, Dec. 7. Great Britain: International Proposition.</p> + +<p class="atext">"The crime of trading in human beings has been for +many years branded by the reprobation of all civilized +nations. Still the atrocious traffic subsists, +and many persons flourish on the gains they have +<!-- Page 303 --><a name="Page_303" id="Page_303"></a>derived from that polluted source.</p> +<p class="pagenum">303</p> + +<p class="atext">"Her Majesty's government, contemplating, on the +one hand, with satisfaction the unanimous abhorrence +which the crime inspires, and, on the +other hand, with pain and disgust the slave-trading +speculations which still subist [<i>sic</i>], have come +to the conclusion that no measure would be so +effectual to put a stop to these wicked acts as the +punishment of all persons who can be proved to +be guilty of carrying slaves across the sea. Her +Majesty's government, therefore, invite the government +of the United States to consider whether +it would not be practicable, honorable, and humane—</p> + +<p class="atext">"1st. To make a general declaration, that the governments +who are parties to it denounce the slave +trade as piracy.</p> + +<p class="atext">"2d. That the aforesaid governments should propose +to their legislatures to affix the penalties of piracy +already existing in their laws—provided, only, +that the penalty in this case be that of death—to +all persons, being subjects or citizens of one of the +contracting powers, who shall be convicted in a +court which takes cognizance of piracy, of being +concerned in carrying human beings across the sea +for the purpose of sale, or for the purpose of serving +as slaves, in any country or colony in the +world." Signed,</p> + +<p class="atext" style="text-align: right;"><span class="smcap">Russell.</span>"</p> + +<p class="atext">Similar letters were addressed to France, Spain, Portugal, +Austria, Prussia, Italy, Netherlands, and +Russia. <i>Diplomatic Correspondence</i>, 1865, pt. ii. pp. +4, 58–9, etc.</p> + + +<p class="atitle">1865, Jan. 24. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $17,000. <i>Statutes at Large</i>, XIII. 424.</p> + + +<p class="atitle">1866, April 7. United States Statute: Compensation to +Marshals, etc.</p> +<p class="pagenum">304</p> +<p class="atext">For additional compensation to United States marshals, +district attorneys, etc., for services in <!-- Page 304 --><a name="Page_304" id="Page_304"></a>the +suppression of the slave-trade, so much of the appropriation +of March 2, 1861, as may be expedient +and proper, not exceeding in all $10,000; and also +so much as may be necessary to pay the salaries of +judges and the expenses of mixed courts. <i>Ibid.</i>, +XIV. 23.</p> + + +<p class="atitle">1866, July 25. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $17,000. <i>Ibid.</i>, XIV. 226.</p> + + +<p class="atitle">1867, Feb. 28. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $17,000. <i>Ibid.</i>, XIV. 414–5.</p> + + +<p class="atitle">1868, March 30. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $12,500. <i>Ibid.</i>, XV. 58.</p> + + +<p class="atitle">1869, Jan. 6. Congress (House): Abrogation of Treaty of +1862.</p> + +<p class="atext">Mr. Kelsey asked unanimous consent to introduce the +following resolution:—</p> + +<p class="atext">"Whereas the slave trade has been practically suppressed; +and whereas by our treaty with Great +Britain for the suppression of the slave trade large +appropriations are annually required to carry out +the provisions thereof: Therefore,</p> + +<p class="atext">"<i>Resolved</i>, That the Committee on Foreign Affairs are +hereby instructed to inquire into the expediency +of taking proper steps to secure the abrogation or +modification of the treaty with Great Britain +for the suppression of the slave trade." Mr. Arnell +objected. <i>Congressional Globe</i>, 40 Cong. 3 sess. +p. 224.</p> + + +<p class="atitle">1869, March 3. United States Statute: Appropriation.</p> + +<p class="atext">To carry out the treaty with Great Britain, proclaimed +July 11, 1862, $12,500; provided that the salaries of +judges be paid only on condition that they reside +where the courts are held, and that Great Britain +be asked to consent to abolish mixed courts. <i>Statutes +at Large</i>, XV. 321.</p> +<p><span class="pagenum"><!-- Page 305 -->305</span><a name="Page_305" id="Page_305"></a></p> + +<p class="atitle">1870, April 22. Congress (Senate): Bill to Repeal Act of +1803.</p> + +<p class="atext">Senate Bill No. 251, to repeal an act entitled "An act to +prevent the importation of certain persons into +certain States where by the laws thereof their admission +is prohibited." Mr. Sumner said that the +bill had passed the Senate once, and that he +hoped it would now pass. Passed; title amended +by adding "approved February 28, 1803;" June 29, +bill passed over in House; July 14, consideration +again postponed on Mr. Woodward's objection. +<i>Congressional Globe</i>, 41 Cong. 2 sess. pp. 2894, +2932, 4953, 5594.</p> + + +<p class="atitle">1870, Sept. 16. Great Britain: Additional Treaty.</p> + +<p class="atext">"Additional convention to the treaty of April 7, 1862, +respecting the African slave trade." Concluded +June 3, 1870; ratifications exchanged at London +August 10, 1870; proclaimed September 16, 1870. +<i>U.S. Treaties and Conventions</i> (1889), pp. 472–6.</p> + + +<p class="atitle">1871, Dec. 11. Congress (House): Bill on Slave-Trade.</p> + +<p class="atext">On the call of States, Mr. Banks introduced "a bill +(House, No. 490) to carry into effect article thirteen +of the Constitution of the United States, and +to prohibit the owning or dealing in slaves by +American citizens in foreign countries." <i>House +Journal</i>, 42 Cong. 2 sess. p. 48.</p> +<p><span class="pagenum"><!-- Page 306 -->306</span><a name="Page_306" id="Page_306"></a></p> + + +<hr /> +<h2><a name="APPENDIX_C" id="APPENDIX_C"></a>APPENDIX C.</h2> + +<h3>TYPICAL CASES OF VESSELS ENGAGED IN THE +AMERICAN SLAVE-TRADE.<br /> +1619-1864.</h3> + + +<div class="blockquot"><p>This chronological list of certain typical American slavers is not intended to +catalogue all known cases, but is designed merely to illustrate, by a few +selected examples, the character of the licit and the illicit traffic to the +United States.</p></div> + + +<p class="atext"><b>1619.</b> ——. Dutch man-of-war, imports twenty Negroes +into Virginia, the first slaves brought to the continent. +Smith, <i>Generall Historie of Virginia</i> (1626 and 1632), p. 126.</p> + + +<p class="atext"><b>1645.</b> <b>Rainbowe,</b> under Captain Smith, captures and imports +African slaves into Massachusetts. The slaves were forfeited +and returned. <i>Massachusetts Colonial Records</i>, II. 115, 129, 136, +168, 176; III. 13, 46, 49, 58, 84.</p> + + +<p class="atext"><b>1655.</b> <b>Witte paert,</b> first vessel to import slaves into New York. +O'Callaghan, <i>Laws of New Netherland</i> (ed. 1868), p. 191, +note.</p> + + +<p class="atext"><b>1736, Oct.</b> ——. Rhode Island slaver, under Capt. John +Griffen. <i>American Historical Record</i>, I. 312.</p> + + +<p class="atext"><b>1746.</b> ——. Spanish vessel, with certain free Negroes, +captured by Captains John Dennis and Robert Morris, and +Negroes sold by them in Rhode Island, Massachusetts, and +New York; these Negroes afterward returned to Spanish +colonies by the authorities of Rhode Island. <i>Rhode Island +Colonial Records</i>, V. 170, 176–7; Dawson's <i>Historical Magazine</i>, +XVIII. 98.</p> + + +<p class="atext"><b>1752.</b> <b>Sanderson,</b> of Newport, trading to Africa and West +Indies. <i>American Historical Record</i>, I. 315–9, 338–42. Cf. +above, p. 35, note 4.</p> + + +<p class="atext"><b>1788</b> (<i>circa</i>). ——. "One or two" vessels fitted out in +Connecticut. W.C. Fowler, <i>Historical Status of the Negro in +Connecticut</i>, in <i>Local Law</i>, etc., p. 125.</p> + + +<p class="atext"><b>1801.</b> <b>Sally,</b> of Norfolk, Virginia, equipped slaver; libelled and +acquitted; owners claimed damages. <i>American State Papers, +Commerce and Navigation</i>, I. No. 128.</p> + + +<p class="atext"><b>1803</b> (?). ——. Two slavers seized with slaves, and +brought to Philadelphia; both condemned, and slaves apprenticed. +<!-- Page 307 --><a name="Page_307" id="Page_307"></a>Robert Sutcliff, <i>Travels in North America</i>, p. 219.</p> +<p class="pagenum">307</p> + +<p class="atext"><b>1804.</b> ——. Slaver, allowed by Governor Claiborne to +land fifty Negroes in Louisiana. <i>American State Papers, Miscellaneous</i>, +I. No. 177.</p> + + +<p class="atext"><b>1814.</b> <b>Saucy Jack</b> carries off slaves from Africa and attacks +British cruiser. <i>House Reports</i>, 17 Cong. 1 sess. II. No. 92, +p. 46; 21 Cong. 1 sess. III. No. 348, p. 147.</p> + + +<p class="atext"><b>1816</b> (<i>circa</i>). <b>Paz,</b> <b>Rosa,</b> <b>Dolores,</b> <b>Nueva Paz,</b> and <b>Dorset,</b> +American slavers in Spanish-African trade. Many of these +were formerly privateers. <i>Ibid.</i>, 17 Cong. 1 sess. II. No. 92, +pp. 45–6; 21 Cong. 1 sess. III. No. 348, pp. 144–7.</p> + + +<p class="atext"><b>1817, Jan. 17.</b> <b>Eugene,</b> armed Mexican schooner, captured +while attempting to smuggle slaves into the United States. +<i>House Doc.</i>, 15 Cong. 1 sess. II. No. 12, p. 22.</p> + + +<p class="atext"><b>1817, Nov. 19.</b> <b>Tentativa,</b> captured with 128 slaves and +brought into Savannah. <i>Ibid.</i>, p. 38; <i>House Reports</i>, 21 +Cong. 1 sess. III. No. 348, p. 81. See <i>Friends' View of the +African Slave Trade</i> (1824), pp. 44–7.</p> + + +<p class="atext"><b>1818.</b> ——. Three schooners unload slaves in Louisiana. +Collector Chew to the Secretary of the Treasury, <i>House Reports</i>, +21 Cong. 1 sess. III. No. 348, p. 70.</p> + + +<p class="atext"><b>1818, Jan. 23.</b> English brig <b>Neptune,</b> detained by U.S.S. +John Adams, for smuggling slaves into the United States. +<i>House Doc.</i>, 16 Cong. 1 sess. III. No. 36 (3).</p> + + +<p class="atext"><b>1818, June.</b> <b>Constitution,</b> captured with 84 slaves on the +Florida coast, by a United States army officer. See references +under 1818, June, below.</p> + + +<p class="atext"><b>1818, June.</b> <b>Louisa</b> and <b>Merino,</b> captured slavers, smuggling +from Cuba to the United States; condemned after five +years' litigation. <i>House Doc.</i>, 15 Cong. 2 sess. VI. No. 107; +19 Cong. 1 sess. VI.-IX. Nos. 121, 126, 152, 163; <i>House Reports</i>, +19 Cong. 1 sess. II. No. 231; <i>American State Papers, +Naval Affairs</i>, II. No. 308; Decisions of the United States +Supreme Court in <i>9 Wheaton</i>, 391.</p> + +<p class="pagenum">308</p> +<p class="atext"><b>1819.</b> <b>Antelope,</b> or <b>General Ramirez.</b> The Colombia (or Arraganta), +a Venezuelan privateer, fitted in the United States +and manned by Americans, captures slaves from a Spanish +slaver, the Antelope, and from other slavers; is wrecked, +and transfers crew and slaves to Antelope; the latter, under +the name of the General Ramirez, is captured with 280 +<!-- Page 308 --><a name="Page_308" id="Page_308"></a>slaves by a United States ship. The slaves were distributed, +some to Spanish claimants, some sent to Africa, and some +allowed to remain; many died. <i>House Reports</i>, 17 Cong. 1 +sess. II. No. 92, pp. 5, 15; 21 Cong. 1 sess. III. No. 348, p. +186; <i>House Journal</i>, 20 Cong. 1 sess. pp. 59, 76, 123 to 692, +<i>passim</i>. Gales and Seaton, <i>Register of Debates</i>, IV. pt. 1, pp. +915–6, 955–68, 998, 1005; <i>Ibid.</i>, pt. 2, pp. 2501–3; <i>American +State Papers, Naval Affairs</i>, II. No. 319, pp. 750–60; Decisions +of the United States Supreme Court in <i>10 Wheaton</i>, +66, and <i>12 Ibid.</i>, 546.</p> + + +<p class="atext"><b>1820.</b> <b>Endymion,</b> <b>Plattsburg,</b> <b>Science,</b> <b>Esperanza,</b> and <b>Alexander,</b> +captured on the African coast by United States +ships, and sent to New York and Boston. <i>House Reports</i>, 17 +Cong. 1 sess. II. No. 92, pp. 6, 15; 21 Cong. 1 sess. III. No. +348, pp. 122, 144, 187.</p> + + +<p class="atext"><b>1820.</b> <b>General Artigas</b> imports twelve slaves into the United +States. <i>Friends' View of the African Slave Trade</i> (1824), p. 42.</p> + +<p class="atext"><b>1821</b> (?). <b>Dolphin,</b> captured by United States officers and sent +to Charleston, South Carolina. <i>Ibid.</i>, pp. 31–2.</p> + + +<p class="atext"><b>1821.</b> <b>La Jeune Eugène,</b> <b>La Daphnée,</b> <b>La Mathilde,</b> and +<b>L'Elize,</b> captured by U.S.S. Alligator; <b>La Jeune Eugène</b> +sent to Boston; the rest escape, and are recaptured under +the French flag; the French protest. <i>House Reports</i>, 21 Cong. +1 sess. III. No. 348, p. 187; <i>Friends' View of the African Slave +Trade</i> (1824), pp. 35–41.</p> + + +<p class="atext"><b>1821.</b> <b>La Pensée,</b> captured with 220 slaves by the U.S.S. +Hornet; taken to Louisiana. <i>House Reports</i>, 17 Cong. 1 sess. +II. No. 92, p. 5; 21 Cong. 1 sess. III. No. 348, p. 186.</p> + + +<p class="atext"><b>1821.</b> <b>Esencia</b> lands 113 Negroes at Matanzas. <i>Parliamentary +Papers</i>, 1822, Vol. XXII., <i>Slave Trade, Further Papers</i>, III. +p. 78.</p> + + +<p class="atext"><b>1826.</b> <b>Fell's Point</b> attempts to land Negroes in the United +States. The Negroes were seized. <i>American State Papers, +Naval Affairs</i>, II. No. 319, p. 751.</p> + + +<p class="atext"><b>1827, Dec. 20.</b> <b>Guerrero,</b> Spanish slaver, chased by British, +cruiser and grounded on Key West, with 561 slaves; a part +(121) were landed at Key West, where they were seized by +the collector; 250 were seized by the Spanish and taken to +Cuba, etc. <i>House Journal</i>, 20 Cong. 1 sess. p. 650; <i>House</i> +<i>Reports</i>, 24 Cong. 1 sess. I. No. 268; 25 Cong. 2 sess. I. No.<!-- Page 309 --><a name="Page_309" id="Page_309"></a> +4; <i>American State Papers, Naval Affairs</i>, III. No. 370, p. 210; +<i>Niles's Register</i>, XXXIII. 373.</p><p class="pagenum">309</p> + + +<p class="atext"><b>1828, March 11.</b> <b>General Geddes</b> brought into St. Augustine +for safe keeping 117 slaves, said to have been those taken +from the wrecked <b>Guerrero</b> and landed at Key West (see +above, 1827). <i>House Doc.</i>, 20 Cong. 1 sess. VI. No. 262.</p> + + +<p class="atext"><b>1828.</b> <b>Blue-eyed Mary,</b> of Baltimore, sold to Spaniards and +captured with 405 slaves by a British cruiser. <i>Niles's Register</i>, +XXXIV. 346.</p> + + +<p class="atext"><b>1830, June 4.</b> <b>Fenix,</b> with 82 Africans, captured by U.S.S. +Grampus, and brought to Pensacola; American built, with +Spanish colors. <i>House Doc.</i>, 21 Cong. 2 sess. III. No. 54; +<i>House Reports</i>, 24 Cong. 1 sess. I. No. 223; <i>Niles's Register</i>, +XXXVIII. 357.</p> + + +<p class="atext"><b>1831, Jan. 3.</b> <b>Comet,</b> carrying slaves from the District of Columbia +to New Orleans, was wrecked on Bahama banks +and 164 slaves taken to Nassau, in New Providence, where +they were freed. Great Britain finally paid indemnity for +these slaves. <i>Senate Doc.</i>, 24 Cong. 2 sess. II. No. 174; 25 +Cong. 3 sess. III. No. 216.</p> + + +<p class="atext"><b>1834, Feb. 4.</b> <b>Encomium,</b> bound from Charleston, South +Carolina, to New Orleans, with 45 slaves, was wrecked near +Fish Key, Abaco, and slaves were carried to Nassau and +freed. Great Britain eventually paid indemnity for these +slaves. <i>Ibid.</i></p> + + +<p class="atext"><b>1835, March.</b> <b>Enterprise,</b> carrying 78 slaves from the District +of Columbia to Charleston, was compelled by rough +weather to put into the port of Hamilton, West Indies, +where the slaves were freed. Great Britain refused to pay +for these, because, before they landed, slavery in the West +Indies had been abolished. <i>Ibid.</i></p> + + +<p class="atext"><b>1836, Aug.-Sept.</b> <b>Emanuel,</b> <b>Dolores,</b> <b>Anaconda,</b> and <b>Viper,</b> +built in the United States, clear from Havana for Africa. +<i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 4–6, 221.</p> + + +<p class="atext"><b>1837.</b> ——. Eleven American slavers clear from Havana +for Africa. <i>Ibid.</i>, p. 221.</p> + + +<p class="atext"><b>1837.</b> <b>Washington,</b> allowed to proceed to Africa by the American +consul at Havana. <i>Ibid.</i>, pp. 488–90, 715 ff; 27 Cong, +1 sess. No. 34, pp. 18–21.</p> +<p><span class="pagenum"><!-- Page 310 -->310</span><a name="Page_310" id="Page_310"></a></p> + +<p class="atext"><b>1838.</b> <b>Prova</b> spends three months refitting in the harbor of +Charleston, South Carolina; afterwards captured by the +British, with 225 slaves. <i>Ibid.</i>, pp. 121, 163–6.</p> + + +<p class="atext"><b>1838.</b> ——. Nineteen American slavers clear from +Havana for Africa. <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, +p. 221.</p> + + +<p class="atext"><b>1838–9.</b> <b>Venus,</b> American built, manned partly by Americans, +owned by Spaniards. <i>Ibid.</i>, pp. 20–2, 106, 124–5, 132, 144–5, +330–2, 475–9.</p> + + +<p class="atext"><b>1839.</b> <b>Morris Cooper,</b> of Philadelphia, lands 485 Negroes in +Cuba. <i>Niles's Register</i>, LVII. 192.</p> + + +<p class="atext"><b>1839.</b> <b>Edwin</b> and <b>George Crooks,</b> slavers, boarded by British +cruisers. <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 12–4, +61–4.</p> + + +<p class="atext"><b>1839.</b> <b>Eagle,</b> <b>Clara,</b> and <b>Wyoming,</b> with American and Spanish +flags and papers and an American crew, captured by +British cruisers, and brought to New York. The United +States government declined to interfere in case of the <b>Eagle</b> +and the <b>Clara,</b> and they were taken to Jamaica. The <b>Wyoming</b> +was forfeited to the United States. <i>Ibid.</i>, pp. 92–104, +109, 112, 118–9, 180–4; <i>Niles's Register</i>, LVI. 256; LVII. 128, +208.</p> + + +<p class="atext"><b>1839.</b> <b>Florida,</b> protected from British cruisers by American +papers. <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 113–5.</p> + + +<p class="atext"><b>1839.</b> ——. Five American slavers arrive at Havana from +Africa, under American flags. <i>Ibid.</i>, p. 192.</p> + + +<p class="atext"><b>1839.</b> ——. Twenty-three American slavers clear from +Havana. <i>Ibid.</i>, pp. 190–1, 221.</p> + + +<p class="atext"><b>1839.</b> <b>Rebecca,</b> part Spanish, condemned at Sierra Leone. +<i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, pp. 649–54, +675–84.</p> + + +<p class="atext"><b>1839.</b> <b>Douglas</b> and <b>Iago,</b> American slavers, visited by British +cruisers, for which the United States demanded indemnity. +<i>Ibid.</i>, pp. 542–65, 731–55; <i>Senate Doc.</i>, 29 Cong. 1 +sess. VIII. No. 377, pp. 39–45, 107–12, 116–24, 160–1, +181–2.</p> + + +<p class="atext"><b>1839, April 9.</b> <b>Susan,</b> suspected slaver, boarded by the British. +<i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, pp. 34–41.</p> + + +<p class="atext"><b>1839, July-Sept.</b> <b>Dolphin</b> (or <b>Constitução),</b> <b>Hound,</b> <b>Mary +Cushing</b> (or <b>Sete de Avril</b>), with American and Spanish +flags and papers. <i>Ibid.</i>, pp. 28, 51–5, 109–10, 136, 234–8; +<!-- Page 311 --><a name="Page_311" id="Page_311"></a><i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, pp. 709–15.</p> +<p class="pagenum">311</p> + +<p class="atext"><b>1839, Aug.</b> <b>L'Amistad,</b> slaver, with fifty-three Negroes on +board, who mutinied; the vessel was then captured by a +United States vessel and brought into Connecticut; the Negroes +were declared free. <i>House Doc.</i>, 26 Cong. 1 sess. IV. No. +185; 27 Cong. 3 sess. V. No. 191; 28 Cong. 1 sess. IV. No. +83; <i>House Exec. Doc.</i>, 32 Cong. 2 sess. III. No. 20; <i>House +Reports</i>, 26 Cong. 2 sess. No. 51; 28 Cong. 1 sess. II. No. 426; +29 Cong. 1 sess. IV. No. 753; <i>Senate Doc.</i>, 26 Cong. 2 sess. +IV. No. 179; <i>Senate Exec. Doc.</i>, 31 Cong. 2 sess. III. No. 29; +32 Cong. 2 sess. III. No. 19; <i>Senate Reports</i>, 31 Cong. 2 sess. +No. 301; 32 Cong. 1 sess. I. No. 158; 35 Cong. 1 sess. I. No. +36; Decisions of the United States Supreme Court in <i>15 Peters</i>, +518; <i>Opinions of the Attorneys-General</i>, III. 484–92.</p> + + +<p class="atext"><b>1839, Sept.</b> <b>My Boy,</b> of New Orleans, seized by a British +cruiser, and condemned at Sierra Leone. <i>Niles's Register</i>, +LVII. 353.</p> + + +<p class="atext"><b>1839, Sept. 23.</b> <b>Butterfly,</b> of New Orleans, fitted as a slaver, +and captured by a British cruiser on the coast of Africa. +<i>House Doc.</i>, 26 Cong. 2 sess. No. 115, pp. 191, 244–7; <i>Niles's +Register</i>, LVII. 223.</p> + + +<p class="atext"><b>1839, Oct.</b> <b>Catharine,</b> of Baltimore, captured on the African +coast by a British cruiser, and brought by her to New York. +<i>House Doc.</i>, 26 Cong. 2 sess. V No. 115, pp. 191, 215, 239–44; +<i>Niles's Register</i>, LVII. 119, 159.</p> + + +<p class="atext"><b>1839.</b> <b>Asp,</b> <b>Laura,</b> and <b>Mary Ann Cassard,</b> foreign slavers +sailing under the American flag. <i>House Doc.</i>, 26 Cong. 2 +sess. V. No. 115, pp. 126–7, 209–18; <i>House Reports</i>, 27 Cong. +3 sess. III. No. 283, p. 688 ff.</p> + + +<p class="atext"><b>1839.</b> <b>Two Friends,</b> of New Orleans, equipped slaver, with +Spanish, Portuguese, and American flags. <i>House Doc.</i>, 26 +Cong. 2 sess. V. No. 115, pp. 120, 160–2, 305.</p> + + +<p class="atext"><b>1839.</b> <b>Euphrates,</b> of Baltimore, with American papers, seized +by British cruisers as Spanish property. Before this she had +been boarded fifteen times. <i>Ibid.</i>, pp. 41–4; A.H. Foote, +<i>Africa and the American Flag</i>, pp. 152–6.</p> + + +<p class="atext"><b>1839.</b> <b>Ontario,</b> American slaver, "sold" to the Spanish on +shipping a cargo of slaves. <i>House Doc.</i>, 26 Cong. 2 sess. V. +No. 115, pp. 45–50.</p> +<p><span class="pagenum"><!-- Page 312 -->312</span><a name="Page_312" id="Page_312"></a></p> + +<p class="atext"><b>1839.</b> <b>Mary,</b> of Philadelphia; case of a slaver whose nationality +was disputed. <i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, +pp. 736–8; <i>Senate Doc.</i>, 29 Cong. 1 sess. VIII. No. 377, pp. +19, 24–5.</p> + + +<p class="atext"><b>1840, March.</b> <b>Sarah Ann,</b> of New Orleans, captured with +fraudulent papers. <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, +pp. 184–7.</p> + + +<p class="atext"><b>1840, June.</b> <b>Caballero,</b> <b>Hudson,</b> and <b>Crawford;</b> the arrival +of these American slavers was publicly billed in Cuba. <i>Ibid.</i>, +pp. 65–6.</p> + + +<p class="atext"><b>1840.</b> <b>Tigris,</b> captured by British cruisers and sent to Boston +for kidnapping. <i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, +pp. 724–9; <i>Senate Doc.</i>, 29 Cong. 1 sess. VIII. No. 377, +P. 94.</p> + + +<p class="atext"><b>1840.</b> <b>Jones,</b> seized by the British. <i>Senate Doc.</i>, 29 Cong. 1 +sess. VIII. No. 377, pp. 131–2, 143–7, 148–60.</p> + + +<p class="atext"><b>1841, Nov. 7.</b> <b>Creole,</b> of Richmond, Virginia, transporting +slaves to New Orleans; the crew mutiny and take her to +Nassau, British West Indies. The slaves were freed and +Great Britain refused indemnity. <i>Senate Doc.</i>, 27 Cong. 2 +sess. II. No. 51 and III. No. 137.</p> + + +<p class="atext"><b>1841.</b> <b>Sophia,</b> of New York, ships 750 slaves for Brazil. <i>House +Doc.</i>, 29 Cong. 1 sess. III. No. 43, pp. 3–8.</p> + + +<p class="atext"><b>1841.</b> <b>Pilgrim,</b> of Portsmouth, N.H., <b>Solon,</b> of Baltimore, +<b>William Jones</b> and <b>Himmaleh,</b> of New York, clear from +Rio Janeiro for Africa. <i>Ibid.</i>, pp. 8–12.</p> + + +<p class="atext"><b>1842, May.</b> <b>Illinois,</b> of Gloucester, saved from search by the +American flag; escaped under the Spanish flag, loaded with +slaves. <i>Senate Doc.</i>, 28 Cong. 2 sess. IX. No. 150, p. 72 ff.</p> + + +<p class="atext"><b>1842, June.</b> <b>Shakespeare,</b> of Baltimore, with 430 slaves, captured +by British cruisers. <i>Ibid.</i></p> + + +<p class="atext"><b>1843.</b> <b>Kentucky,</b> of New York, trading to Brazil. <i>Ibid.</i>, 30 +Cong. 1 sess. IV. No. 28, pp. 71–8; <i>House Exec. Doc.</i>, 30 +Cong. 2 sess. VII. No. 61, p. 72 ff.</p> + + +<p class="atext"><b>1844.</b> <b>Enterprise,</b> of Boston, transferred in Brazil for slave-trade. +<i>Senate Exec. Doc.</i>, 30 Cong. 1 sess. IV. No. 28, pp. +79–90.</p> + + +<p class="atext"><b>1844.</b> <b>Uncas,</b> of New Orleans, protected by United States +papers; allowed to clear, in spite of her evident character. +<i>Ibid.</i>, 28 Cong. 2 sess. IX. No. 150, pp. 106–14.</p> +<p><span class="pagenum"><!-- Page 313 -->313</span><a name="Page_313" id="Page_313"></a></p> + +<p class="atext"><b>1844.</b> <b>Sooy,</b> of Newport, without papers, captured by the British +sloop Racer, after landing 600 slaves on the coast of Brazil. +<i>House Doc.</i>, 28 Cong. 2 sess. IV. No. 148, pp. 4, 36–62.</p> + + +<p class="atext"><b>1844.</b> <b>Cyrus,</b> of New Orleans, suspected slaver, captured by +the British cruiser Alert. <i>Ibid.</i>, pp. 3–41.</p> + + +<p class="atext"><b>1844–5.</b> ——. Nineteen slavers from Beverly, Boston, +Baltimore, Philadelphia, New York, Providence, and Portland, +make twenty-two trips. <i>Ibid.</i>, 30 Cong. 2 sess. VII. +No. 61, pp. 219–20.</p> + + +<p class="atext"><b>1844–9.</b> ——. Ninety-three slavers in Brazilian trade. +<i>Senate Exec. Doc.</i>, 31 Cong. 2 sess. II. No. 6, pp. 37–8.</p> + + +<p class="atext"><b>1845.</b> <b>Porpoise,</b> trading to Brazil. <i>House Exec. Doc.</i>, 30 Cong. +2 sess. VII. No. 61, pp. 111–56, 212–4.</p> + + +<p class="atext"><b>1845, May 14.</b> <b>Spitfire,</b> of New Orleans, captured on the +coast of Africa, and the captain indicted in Boston. A.H. +Foote, <i>Africa and the American Flag</i>, pp. 240–1; <i>Niles's +Register</i>, LXVIII. 192, 224, 248–9.</p> + + +<p class="atext"><b>1845–6.</b> <b>Patuxent,</b> <b>Pons,</b> <b>Robert Wilson,</b> <b>Merchant,</b> and +<b>Panther,</b> captured by Commodore Skinner. <i>House Exec. +Doc.</i>, 31 Cong. 1 sess. IX. No. 73.</p> + + +<p class="atext"><b>1847.</b> <b>Fame,</b> of New London, Connecticut, lands 700 slaves +in Brazil. <i>House Exec. Doc.</i>, 30 Cong. 2 sess. VII. No. 61, +pp. 5–6, 15–21.</p> + + +<p class="atext"><b>1847.</b> <b>Senator,</b> of Boston, brings 944 slaves to Brazil. <i>Ibid.</i>, +pp. 5–14.</p> + + +<p class="atext"><b>1849.</b> <b>Casco,</b> slaver, with no papers; searched, and captured +with 420 slaves, by a British cruiser. <i>Senate Exec. Doc.</i>, 31 +Cong. 1 sess. XIV No. 66, p. 13.</p> + + +<p class="atext"><b>1850.</b> <b>Martha,</b> of New York, captured when about to embark +1800 slaves. The captain was admitted to bail, and escaped. +A.H. Foote, <i>Africa and the American Flag</i>, pp. 285–92.</p> + + +<p class="atext"><b>1850.</b> <b>Lucy Ann,</b> of Boston, captured with 547 slaves by the +British. <i>Senate Exec. Doc.</i>, 31 Cong. 1 sess. XIV No. 66, pp. +1–10 ff.</p> + + +<p class="atext"><b>1850.</b> <b>Navarre,</b> American slaver, trading to Brazil, searched +and finally seized by a British cruiser. <i>Ibid.</i></p> + + +<p class="atext"><b>1850</b> (<i>circa</i>). <b>Louisa Beaton,</b> <b>Pilot,</b> <b>Chatsworth,</b> <b>Meteor,</b> <b>R. +de Zaldo,</b> <b>Chester,</b> etc., American slavers, searched by +British vessels. <i>Ibid., passim.</i></p> + + +<p class="atext"><b>1851, Sept. 18.</b> <b>Illinois</b> brings seven kidnapped West India +Negro boys into Norfolk, Virginia. <i>House Exec. Doc.</i>, 34<!-- Page 314 --><a name="Page_314" id="Page_314"></a> +Cong. 1 sess. XII. No. 105, pp. 12–14.</p><p class="pagenum">314</p> + + +<p class="atext"><b>1852–62.</b> ——. Twenty-six ships arrested and bonded for +slave-trading in the Southern District of New York. <i>Senate +Exec. Doc.</i>, 37 Cong. 2 sess. V. No. 53.</p> + + +<p class="atext"><b>1852.</b> <b>Advance</b> and <b>Rachel P. Brown,</b> of New York; the capture +of these was hindered by the United States consul in the +Cape Verd Islands. <i>Ibid.</i>, 34 Cong. 1 sess. XV. No. 99, pp. 41–5; +<i>House Exec. Doc.</i>, 34 Cong. 1 sess. XII. No. 105, pp. 15–19.</p> + + +<p class="atext"><b>1853.</b> <b>Silenus,</b> of New York, and <b>General de Kalb,</b> of Baltimore, +carry 900 slaves from Africa. <i>Senate Exec. Doc.</i>, 34 +Cong. 1 sess. XV. No. 99, pp. 46–52; <i>House Exec. Doc.</i>, 34 +Cong. 1 sess. XII. No. 105, pp. 20–26.</p> + + +<p class="atext"><b>1853.</b> <b>Jasper</b> carries slaves to Cuba. <i>Senate Exec. Doc.</i>, 34 +Cong. 1 sess. XV. No. 99, pp. 52–7.</p> + + +<p class="atext"><b>1853.</b> <b>Camargo,</b> of Portland, Maine, lands 500 slaves in Brazil. +<i>Ibid.</i>, 33 Cong. 1 sess. VIII. No. 47.</p> + + +<p class="atext"><b>1854.</b> <b>Glamorgan,</b> of New York, captured when about to embark +nearly 700 slaves. <i>Ibid.</i>, 34 Cong. 1 sess. XV. No. 99, +pp. 59–60.</p> + + +<p class="atext"><b>1854.</b> <b>Grey Eagle,</b> of Philadelphia, captured off Cuba by British +cruiser. <i>Ibid.</i>, pp. 61–3.</p> + + +<p class="atext"><b>1854.</b> <b>Peerless,</b> of New York, lands 350 Negroes in Cuba. +<i>Ibid.</i>, p. 66.</p> + + +<p class="atext"><b>1854.</b> <b>Oregon,</b> of New Orleans, trading to Cuba. <i>Senate Exec. +Doc.</i>, 34 Cong. 1 sess. XV. No. 99, pp. 69–70.</p> + + +<p class="atext"><b>1856.</b> <b>Mary E. Smith,</b> sailed from Boston in spite of efforts +to detain her, and was captured with 387 slaves, by the Brazilian +brig Olinda, at port of St. Matthews. <i>Ibid.</i>, pp. 71–3.</p> + + +<p class="atext"><b>1857.</b> ——. Twenty or more slavers from New York, +New Orleans, etc. <i>Ibid.</i>, 35 Cong. 1 sess. XII. No. 49, pp. +14–21, 70–1, etc.</p> + + +<p class="atext"><b>1857.</b> <b>William Clark</b> and <b>Jupiter,</b> of New Orleans, <b>Eliza +Jane,</b> of New York, <b>Jos. H. Record,</b> of Newport, and <b>Onward,</b> +of Boston, captured by British cruisers. <i>Ibid.</i>, pp. 13, +25–6, 69, etc.</p> + + +<p class="atext"><b>1857.</b> <b>James Buchanan,</b> slaver, escapes under American colors, +with 300 slaves. <i>Ibid.</i>, p. 38.</p> + + +<p class="atext"><b>1857.</b> <b>James Titers,</b> of New Orleans, with 1200 slaves, captured +by British cruiser. <i>Ibid.</i>, pp. 31–4, 40–1.</p> +<p><span class="pagenum"><!-- Page 315 -->315</span><a name="Page_315" id="Page_315"></a></p> + +<p class="atext"><b>1857.</b> ——. Four New Orleans slavers on the African +coast. <i>Senate Exec. Doc.</i>, 35 Cong. 1 sess., XII. No. 49, p. 30.</p> + + +<p class="atext"><b>1857.</b> <b>Cortes,</b> of New York, captured. <i>Ibid.</i>, pp. 27–8.</p> + + +<p class="atext"><b>1857.</b> <b>Charles,</b> of Boston, captured by British cruisers, with +about 400 slaves. <i>Ibid.</i>, pp. 9, 13, 36, 69, etc.</p> + + +<p class="atext"><b>1857.</b> <b>Adams Gray</b> and <b>W.D. Miller,</b> of New Orleans, fully +equipped slavers. <i>Ibid.</i>, pp. 3–5, 13.</p> + + +<p class="atext"><b>1857–8.</b> <b>Charlotte,</b> of New York, <b>Charles,</b> of Maryland, etc., +reported American slavers. <i>Ibid., passim</i>.</p> + + +<p class="atext"><b>1858, Aug. 21.</b> <b>Echo,</b> captured with 306 slaves, and brought +to Charleston, South Carolina. <i>House Exec. Doc.</i>, 35 Cong. +2 sess. II. pt. 4, No. 2. pt. 4, pp. 5, 14.</p> + + +<p class="atext"><b>1858, Sept. 8.</b> <b>Brothers,</b> captured and sent to Charleston, +South Carolina. <i>Ibid.</i>, p. 14.</p> + + +<p class="atext"><b>1858.</b> <b>Mobile,</b> <b>Cortez,</b> <b>Tropic Bird;</b> cases of American slavers +searched by British vessels. <i>Ibid.</i>, 36 Cong. 2 sess. IV. No. +7, p. 97 ff.</p> + + +<p class="atext"><b>1858.</b> <b>Wanderer,</b> lands 500 slaves in Georgia. <i>Senate Exec. +Doc.</i>, 35 Cong. 2 sess. VII. No. 8; <i>House Exec. Doc.</i>, 35 Cong. +2 sess. IX. No. 89.</p> + + +<p class="atext"><b>1859, Dec. 20.</b> <b>Delicia,</b> supposed to be Spanish, but without +papers; captured by a United States ship. The United States +courts declared her beyond their jurisdiction. <i>House Exec. +Doc.</i>, 36 Cong. 2 sess. IV. No. 7, p. 434.</p> + + +<p class="atext"><b>1860.</b> <b>Erie,</b> with 897 Africans, captured by a United States +ship. <i>Senate Exec. Doc.</i>, 36 Cong. 2 sess. I. No. 1, pp. 41–4.</p> + + +<p class="atext"><b>1860.</b> <b>William,</b> with 550 slaves, <b>Wildfire,</b> with 507, captured on +the coast of Cuba. <i>Senate Journal</i>, 36 Cong. 1 sess. pp. 478–80, +492, 543, etc.; <i>Senate Exec. Doc.</i>, 36 Cong. 1 sess. XI. No. +44; <i>House Exec. Doc.</i>, 36 Cong. 1 sess. XII. No. 83; 36 Cong. +2 sess. V. No. 11; <i>House Reports</i>, 36 Cong. 1 sess. IV. No. 602.</p> + + +<p class="atext"><b>1861.</b> <b>Augusta,</b> slaver, which, in spite of the efforts of the +officials, started on her voyage. <i>Senate Exec Doc.</i>, 37 Cong. +2 sess. V. No. 40; <i>New York Tribune</i>, Nov. 26, 1861.</p> + + +<p class="atext"><b>1861.</b> <b>Storm King,</b> of Baltimore, lands 650 slaves in Cuba. +<i>Senate Exec. Doc.</i>, 38 Cong. 1 sess. No. 56, p. 3.</p> + + +<p class="atext"><b>1862.</b> <b>Ocilla,</b> of Mystic, Connecticut, lands slaves in Cuba. +<i>Ibid.</i>, pp. 8–13.</p> + + +<p class="atext"><b>1864.</b> <b>Huntress,</b> of New York, under the American flag, lands +slaves in Cuba. <i>Ibid.</i>, pp. 19–21.</p> +<p><span class="pagenum"><!-- Page 316 -->316</span><a name="Page_316" id="Page_316"></a></p> + + +<hr /> +<h2><a name="APPENDIX_D" id="APPENDIX_D"></a>APPENDIX D.</h2> +<h4>BIBLIOGRAPHY.</h4> + +<h3>COLONIAL LAWS.</h3> + + +<div class="blockquot"><p>[The Library of Harvard College, the Boston Public Library, and the +Charlemagne Tower Collection at Philadelphia are especially rich in Colonial +Laws.]</p></div> + + +<p class="atext"><b>Alabama and Mississippi Territory.</b> Acts of the Assembly of +Alabama, 1822, etc.; J.J. Ormond, Code of Alabama, +Montgomery, 1852; H. Toulmin, Digest of the Laws of +Alabama, Cahawba, 1823; A. Hutchinson, Code of Mississippi, +Jackson, 1848; Statutes of Mississippi etc., digested, +Natchez, 1816 and 1823.</p> + + +<p class="atext"><b>Connecticut.</b> Acts and Laws of Connecticut, New London, 1784 +[-1794], and Hartford, 1796; Connecticut Colonial +Records; The General Laws and Liberties of Connecticut +Colonie, Cambridge, 1673, reprinted at Hartford +in 1865; Statute Laws of Connecticut, Hartford, 1821.</p> + + +<p class="atext"><b>Delaware.</b> Laws of Delaware, 1700–1797, 2 vols., New Castle, +1797.</p> + + +<p class="atext"><b>Georgia.</b> George W.J. De Renne, editor, Colonial Acts of +Georgia, Wormsloe, 1881; Constitution of Georgia; +T.R.R. Cobb, Digest of the Laws, Athens, Ga., 1851; +Horatio Marbury and W.H. Crawford, Digest of the +Laws, Savannah, 1802; Oliver H. Prince, Digest of the +Laws, 2d edition, Athens, Ga., 1837.</p> + + +<p class="atext"><b>Maryland.</b> James Bisset, Abridgment of the Acts of Assembly, +Philadelphia, 1759; Acts of Maryland, 1753–1768, +Annapolis, 1754 [-1768]; Compleat Collection of the +Laws of Maryland, Annapolis, 1727; Thomas Bacon, +Laws of Maryland at Large, Annapolis, 1765; Laws of +Maryland since 1763, Annapolis, 1787, year 1771; Clement +Dorsey, General Public Statutory Law, etc., 1692–1837, +3 vols., Baltimore, 1840.</p> + +<p class="pagenum">317</p> +<p class="atext"><b>Massachusetts.</b> Acts and Laws of His Majesty's Province of +the Massachusetts-Bay in New-England, Boston, 1726; +Acts and Resolves ... of the Province of the Massachusetts +Bay, 1692–1780 [Massachusetts Province +Laws]; Colonial Laws of Massachusetts,<!-- Page 317 --><a name="Page_317" id="Page_317"></a> reprinted +from the editions of 1660 and 1672, Boston, 1887, 1890; +General Court Records; Massachusetts Archives; Massachusetts +Historical Society Collections; Perpetual +Laws of Massachusetts, 1780–1789, Boston, 1789; +Plymouth Colony Records; Records of the Governor +and Company of the Massachusetts Bay.</p> + + +<p class="atext"><b>New Jersey.</b> Samuel Allinson, Acts of Assembly, Burlington, +1776; William Paterson, Digest of the Laws, Newark, +1800; William A. Whitehead, editor, Documents relating +to the Colonial History of New Jersey, Newark, +1880–93; Joseph Bloomfield, Laws of New Jersey, +Trenton, 1811; New Jersey Archives.</p> + + +<p class="atext"><b>New York.</b> Acts of Assembly, 1691–1718, London, 1719; E.B. +O'Callaghan, Documentary History of New York, 4 +vols., Albany, 1849–51; E.B. O'Callaghan, editor, +Documents relating to the Colonial History of New +York, 12 vols., Albany, 1856–77; Laws of New York, +1752–1762, New York, 1762; Laws of New York, 1777–1801, +5 vols., republished at Albany, 1886–7.</p> + + +<p class="atext"><b>North Carolina.</b> F.X. Martin, Iredell's Public Acts of Assembly, +Newbern, 1804; Laws, revision of 1819, 2 vols., Raleigh, +1821; North Carolina Colonial Records, edited +by William L. Saunders, Raleigh, 1886–90.</p> + + +<p class="atext"><b>Pennsylvania.</b> Acts of Assembly, Philadelphia, 1782; Charter +and Laws of the Province of Pennsylvania, Harrisburg, +1879; M. Carey and J. Bioren, Laws of Pennsylvania, +1700–1802, 6 vols., Philadelphia, 1803; A.J. Dallas, +Laws of Pennsylvania, 1700–1781, Philadelphia, 1797; +<i>Ibid.</i>, 1781–1790, Philadelphia, 1793; Collection of all +the Laws now in force, 1742; Pennsylvania Archives; +Pennsylvania Colonial Records.</p> + + +<p class="atext"><b>Rhode Island.</b> John Russell Bartlett, Index to the Printed +Acts and Resolves, of ... the General Assembly, 1756–1850, +Providence, 1856; Elisha R. Potter, Reports and +Documents upon Public Schools, etc., Providence, +1855; Rhode Island Colonial Records.</p> + + +<p class="atext"><b>South Carolina.</b> J.F. Grimké, Public Laws, Philadelphia, +1790; Thomas Cooper and D.J. McCord, Statutes at +Large, 10 vols., Columbia, 1836–41.</p> +<p><span class="pagenum"><!-- Page 318 -->318</span><a name="Page_318" id="Page_318"></a></p> + +<p class="atext"><b>Vermont.</b> Statutes of Vermont, Windsor, 1787; Vermont +State Papers, Middlebury, 1823.</p> + + +<p class="atext"><b>Virginia.</b> John Mercer, Abridgement of the Acts of Assembly, +Glasgow, 1759; Acts of Assembly, Williamsburg, 1769: +Collection of Public Acts ... passed since 1768, Richmond, +1785; Collections of the Virginia Historical +Society; W.W. Hening, Statutes at Large, 13 vols., +Richmond, etc., 1819–23; Samuel Shepherd, Statutes at +Large, New Series (continuation of Hening), 3 vols, +Richmond, 1835–6.</p> + + +<h3>UNITED STATES DOCUMENTS.</h3> + +<p class="atext"><b>1789–1836.</b> American State Papers—Class I., <i>Foreign Relations</i>, +Vols. III. and IV. (Reprint of Foreign Relations, +1789–1828.) Class VI., <i>Naval Affairs</i>. (Well indexed.)</p> + + +<p class="atext"><b>1794, Feb. 11.</b> Report of Committee on the Slave Trade. +<i>Amer. State Papers, Miscellaneous</i>, I. No. 44.</p> + + +<p class="atext"><b>1806, Feb. 17.</b> Report of the Committee appointed on the +seventh instant, to inquire whether any, and if any, +what Additional Provisions are necessary to Prevent +the Importation of Slaves into the Territories of the +United States. <i>House Reports</i>, 9 Cong. 1 sess. II.</p> + + +<p class="atext"><b>1817, Feb. 11.</b> Joint Resolution for abolishing the traffick in +Slaves, and the Colinization [<i>sic</i>] of the Free People Of +Colour of the United States. <i>House Doc.</i>, 14 Cong. 2 +sess. II. No. 77.</p> + + +<p class="atext"><b>1817, Dec. 15.</b> Message from the President ... communicating +Information of the Proceeding of certain Persons +who took Possession of Amelia Island and of Galvezton, +[<i>sic</i>] during the Summer of the Present Year, and +made Establishments there. <i>House Doc.</i>, 15 Cong. 1 sess. +II. No. 12. (Contains much evidence of illicit traffic.)</p> + + +<p class="atext"><b>1818, Jan. 10.</b> Report of the Committee to whom was referred +so much of the President's Message as relates to the +introduction of Slaves from Amelia Island. <i>House Doc.</i>, +15 Cong. 1 sess. III. No. 46 (cf. <i>House Reports</i>, 21 Cong. +1 sess. III. No. 348).</p> + + +<p class="atext"><b>1818, Jan. 13.</b> Message from the President ... communicating +information of the Troops of the United States +having taken possession of Amelia Island, in East Florida. +<!-- Page 319 --><a name="Page_319" id="Page_319"></a><i>House Doc.</i>, 15 Cong. 1 sess. III. No. 47. (Contains +correspondence.)</p><p class="pagenum">319</p> + + +<p class="atext"><b>1819, Jan. 12.</b> Letter from the Secretary of the Navy, transmitting +copies of the instructions which have been issued +to Naval Commanders, upon the subject of the +Importation of Slaves, etc. <i>House Doc.</i>, 15 Cong. 2 sess. +IV. No. 84.</p> + + +<p class="atext"><b>1819, Jan. 19.</b> Extracts from Documents in the Departments +of State, of the Treasury, and of the Navy, in relation +to the Illicit Introduction of Slaves into the United +States. <i>House Doc.</i>, 15 Cong. 2 sess. VI. No. 100.</p> + + +<p class="atext"><b>1819, Jan. 21.</b> Letter from the Secretary of the Treasury ... +in relation to Ships engaged in the Slave Trade, which +have been Seized and Condemned, and the Disposition +which has been made of the Negroes, by the several +State Governments, under whose Jurisdiction they +have fallen. <i>House Doc.</i>, 15 Cong. 2 sess. VI. No. 107.</p> + + +<p class="atext"><b>1820, Jan. 7.</b> Letter from the Secretary of the Navy, transmitting +information in relation to the Introduction of +Slaves into the United States. <i>House Doc.</i>, 16 Cong. 1 +sess. III. No. 36.</p> + + +<p class="atext"><b>1820, Jan. 13.</b> Letter from the Secretary of the Treasury, transmitting +... Information in relation to the Illicit Introduction +of Slaves into the United States, etc., <i>Ibid.</i>, +No. 42.</p> + + +<p class="atext"><b>1820, May 8.</b> Report of the Committee to whom was referred +... so much of the President's Message as relates to +the Slave Trade, etc. <i>House Reports</i>, 16 Cong. 1 sess. +No. 97.</p> + + +<p class="atext"><b>1821, Jan. 5.</b> Message from the President ... transmitting +... Information on the Subject of the African Slave +Trade. <i>House Doc.</i>, 16 Cong. 2 sess. IV. No. 48.</p> + + +<p class="atext"><b>1821, Feb. 7.</b> Report of the Secretary of the Navy. <i>House Reports</i>, +17 Cong. 1 sess. No. 92, pp. 15–21.</p> + + +<p class="atext"><b>1821, Feb. 9.</b> Report of the Committee to which was referred +so much of the President's message as relates to the +Slave Trade. <i>House Reports</i>, 16 Cong. 2 sess. No. 59.</p> + + +<p class="atext"><b>1822, April 12.</b> Report of the Committee on the Suppression +of the Slave Trade. Also Report of 1821, Feb. 9, reprinted. +(Contains discussion of the Right of Search,<!-- Page 320 --><a name="Page_320" id="Page_320"></a> +and papers on European Conference for the Suppression +of the Slave Trade.) <i>House Reports</i>, 17 Cong. 1 sess. +II. No. 92.</p><p class="pagenum">320</p> + + +<p class="atext"><b>1823, Dec. 1.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +18 Cong. 1 sess. I. No. 2, p. 111, ff.; <i>Amer. State Papers, +Naval Affairs</i>, I. No. 258. (Contains reports on the establishment +at Cape Mesurado.)<a name="FNanchor_1_737" id="FNanchor_1_737"></a><a href="#Footnote_1_737" class="fnanchor">1</a></p> + + +<p class="atext"><b>1824, March 20.</b> Message from the President ... in relation +to the Suppression of the African Slave Trade. <i>House +Doc.</i>, 18 Cong. 1 sess. VI. No. 119. (Contains correspondence +on the proposed treaty of 1824.)</p> + + +<p class="atext"><b>1824, Dec. 1.</b> Report of the Secretary of the Navy. <i>Amer. +State Papers, Naval Affairs</i>, I. No. 249.</p> + + +<p class="atext"><b>1824, Dec. 7.</b> Documents accompanying the Message of the +President ... to both Houses of Congress, at the +commencement of the Second Session of the Eighteenth +Congress: Documents from the Department of +State. <i>House Doc.</i>, 18 Cong. 2 sess. I. No. 1. pp. 1–56. +Reprinted in <i>Senate Doc.</i>, 18 Cong. 2 sess. I. No. 1. +(Matter on the treaty of 1824.)</p> + + +<p class="atext"><b>1825, Feb. 16.</b> Report of the Committee to whom was referred +so much of the President's Message, of the 7th +of December last, as relates to the Suppression of the +Slave Trade. <i>House Reports</i>, 18 Cong. 2 sess. I. No. 70 +(Report favoring the treaty of 1824.)</p> + + +<p class="atext"><b>1825, Dec. 2.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +19 Cong. 1 sess. I. No. 1. p. 98.</p> + + +<p class="atext"><b>1825, Dec. 27.</b> Slave Trade: Message from the President ... +communicating Correspondence with Great Britain in +relation to the Convention for Suppressing the Slave +Trade. <i>House Doc.</i>, 19 Cong. 1 sess. I. No. 16.</p> + + +<p class="atext"><b>1826, Feb. 6.</b> Appropriation—Slave Trade: Report of the +Committee of Ways and Means on the subject of the +estimate of appropriations for the service of the year +1826. <i>House Reports</i>, 19 Cong. 1 sess. I. No. 65. (Contains +report of the Secretary of the Navy and account +of expenditures for the African station.)</p> +<p><span class="pagenum"><!-- Page 321 -->321</span><a name="Page_321" id="Page_321"></a></p> + +<p class="atext"><b>1826, March 8.</b> Slave Ships in Alabama: Message from the +President ... in relation to the Cargoes of certain +Slave Ships, etc. <i>House Doc.</i>, 19 Cong. 1 sess. VI. No. +121; cf. <i>Ibid.</i>, VIII. No. 126, and IX. Nos. 152, 163; also +<i>House Reports</i>, 19 Cong. 1 sess. II. No. 231. (Cases of +the Constitution, Louisa, and Merino.)</p> + + +<p class="atext"><b>1826, Dec. 2.</b> Report of the Secretary of the Navy. (Part IV. +of Documents accompanying the President's Message.) +<i>House Doc.</i>, 19 Cong. 2 sess. I. No. 2, pp. 9, 10, +74–103.</p> + + +<p class="atext"><b>1827, etc.</b> Colonization Society: Reports, etc. <i>House Doc.</i>, 19 +Cong. 2 sess. IV. Nos. 64, 69; 20 Cong. 1 sess. III. +Nos. 99, 126, and V. No. 193; 20 Cong. 2 sess. I. No. +2, pp. 114, 127–8; 21 Cong. 2 sess. I. No. 2, p. 211–18; +<i>House Reports</i>, 19 Cong. 2 sess. II. No. 101; 21 Cong. 1 +sess. II. No. 277, and III. No. 348; 22 Cong. 1 sess. II. +No. 277.</p> + + +<p class="atext"><b>1827, Jan. 30.</b> Prohibition of the Slave Trade: Statement +showing the Expenditure of the Appropriation for the +Prohibition of the Slave Trade, during the year 1826, +and an Estimate for 1827. <i>House Doc.</i>, 19 Cong. 2 sess. +IV. No. 69.</p> + + +<p class="atext"><b>1827, Dec. 1 and Dec. 4.</b> Reports of the Secretary of the +Navy. <i>Amer. State Papers, Naval Affairs,</i> III. Nos. 339, +340.</p> + + +<p class="atext"><b>1827, Dec. 6.</b> Message from the President ... transmitting +... a Report from the Secretary of the Navy, showing +the expense annually incurred in carrying into effect +the Act of March 2, 1819, for Prohibiting the Slave +Trade. <i>Senate Doc.</i>, 20 Cong. 1 sess. I. No. 3.</p> + + +<p class="atext"><b>1828, March 12.</b> Recaptured Africans: Letter from the +Secretary of the Navy ... in relation to ... Recaptured +Africans. <i>House Doc.</i>, 20 Cong. 1 sess. V. +No. 193; cf. <i>Ibid.</i>, 20 Cong. 2 sess. I. No. 2, pp. 114, +127–8; also <i>Amer. State Papers, Naval Affairs</i>, III. +No. 357.</p> + + +<p class="atext"><b>1828, April 30.</b> Africans at Key West: Message from the President +... relative to the Disposition of the Africans +Landed at Key West. <i>House Doc.</i>, 20 Cong. 1 sess. VI. +No. 262.</p> +<p><span class="pagenum"><!-- Page 322 -->322</span><a name="Page_322" id="Page_322"></a></p> + +<p class="atext"><b>1828, Nov. 27.</b> Report of the Secretary of the Navy. <i>Amer. +State Papers, Naval Affairs</i>, III. No. 370.</p> + + +<p class="atext"><b>1829, Dec. 1.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +21 Cong. 1 sess. I. No. 2, p. 40.</p> + + +<p class="atext"><b>1830, April 7.</b> Slave Trade ... Report: "The committee to +whom were referred the memorial of the American Society +for colonizing the free people of color of the +United States; also, sundry memorials from the inhabitants +of the State of Kentucky, and a memorial from +certain free people of color of the State of Ohio, report," +etc., 3 pp. Appendix. Collected and arranged by +Samuel Burch. 290 pp. <i>House Reports</i>, 21 Cong. 1 sess. +III. No. 348. (Contains a reprint of legislation and +documents from 14 Cong. 2 sess. to 21 Cong. 1 sess. +Very valuable.)</p> + + +<p class="atext"><b>1830, Dec. 6.</b> Report of the Secretary of the Navy. <i>House +Doc.</i>, 21 Cong. 2 sess. I. No. 2, pp. 42–3; <i>Amer. State +Papers, Naval Affairs</i>, III. No. 429 E.</p> + + +<p class="atext"><b>1830, Dec. 6.</b> Documents communicated to Congress by the +President at the opening of the Second Session of the +Twenty-first Congress, accompanying the Report of +the Secretary of the Navy: Paper E. Statement of expenditures, +etc., for the removal of Africans to Liberia. +<i>House Doc.</i>, 21 Cong. 2 sess. I. No. 2, pp. 211–8.</p> + + +<p class="atext"><b>1831, Jan. 18.</b> Spanish Slave Ship Fenix: Message from the +President ... transmitting Documents in relation to +certain captives on board the Spanish slave vessel, +called the Fenix. <i>House Doc.</i>, 21 Cong. 2 sess. III. No. +54; <i>Amer. State Papers, Naval Affairs</i>, III. No. 435.</p> + + +<p class="atext"><b>1831–1835.</b> Reports of the Secretary of the Navy. <i>House Doc.</i>, +22 Cong. 1 sess. I. No. 2, pp. 45, 272–4; 22 Cong. 2 +sess. I. No. 2, pp. 48, 229; 23 Cong. 1 sess. I. No. 1, +pp. 238, 269; 23 Cong. 2 sess. I. No. 2, pp. 315, 363; 24 +Cong. 1 sess. I. No. 2, pp. 336, 378. Also <i>Amer. State +Papers, Naval Affairs</i>, IV. No. 457, R. Nos. 1, 2; No. +486, H. I.; No. 519, R.; No. 564, P.; No. 585, P.</p> + + +<p class="atext"><b>1836, Jan. 26.</b> Calvin Mickle, Ex'r of Nagle & De Frias. <i>House +Reports</i>, 24 Cong. 1 sess. I. No. 209. (Reports on +claims connected with the captured slaver Constitution.)</p> +<p><span class="pagenum"><!-- Page 323 -->323</span><a name="Page_323" id="Page_323"></a></p> + +<p class="atext"><b>1836, Jan. 27, etc.</b> [Reports from the Committee of Claims +on cases of captured Africans.] <i>House Reports</i>, 24 +Cong. 1 sess. I. Nos. 223, 268, and III. No. 574. No. +268 is reprinted in <i>House Reports</i>, 25 Cong. 2 sess. I. +No. 4.</p> + + +<p class="atext"><b>1836, Dec. 3.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +24 Cong. 2 sess. I. No. 2, pp. 450, 506.</p> + + +<p class="atext"><b>1837, Feb. 14.</b> Message from the President ... with copies +of Correspondence in relation to the Seizure of Slaves +on board the brigs "Encomium" and "Enterprise." +<i>Senate Doc.</i>, 24 Cong. 2 sess. II. No. 174; cf. <i>Ibid.</i>, 25 +Cong. 3 sess. III. No. 216.</p> + + +<p class="atext"><b>1837–1839.</b> Reports of the Secretary of the Navy. <i>House Doc.</i>, +25 Cong. 2 sess. I. No. 3, pp. 762, 771, 850; 25 Cong. 3 +sess. I. No. 2, p. 613; 26 Cong. 1 sess. I. No. 2, pp. 534, +612.</p> + + +<p class="atext"><b>1839.</b> [L'Amistad Case.] <i>House Doc.</i>, 26 Cong. 1 sess. IV. No. +185 (correspondence); 27 Cong. 3 sess. V. No. 191 (correspondence); +28 Cong. 1 sess. IV No. 83; <i>House Exec. +Doc.</i>, 32 Cong. 2 sess. III. No. 20; <i>House Reports</i>, 26 +Cong. 2 sess. No. 51 (case of altered Ms.); 28 Cong. 1 +sess. II. No. 426 (Report of Committee); 29 Cong. 1 +sess. IV. No. 753 (Report of Committee); <i>Senate Doc.</i>, +26 Cong. 2 sess. IV. No. 179 (correspondence); <i>Senate +Exec Doc.</i>, 31 Cong. 2 sess. III. No. 29 (correspondence); +32 Cong. 2 sess. III. No. 19; <i>Senate Reports</i>, +31 Cong. 2 sess. No. 301 (Report of Committee); +32 Cong. 1 sess. I. No. 158 (Report of Committee); +35 Cong. 1 sess. I. No. 36 (Report of Committee).</p> + + +<p class="atext"><b>1840, May 18.</b> Memorial of the Society of Friends, upon the +subject of the foreign slave trade. <i>House Doc.</i>, 26 Cong. +1 sess. VI. No. 211. (Results of certain investigations.)</p> + + +<p class="atext"><b>1840, Dec. 5.</b> Report of the Secretary of the Navy. <i>House +Doc.</i>, 26 Cong. 2 sess. I. No. 2, pp. 405, 450.</p> + +<p class="atext"><b>1841, Jan. 20.</b> Message from the President ... communicating +... copies of correspondence, imputing malpractices +to the American consul at Havana, in regard to +granting papers to vessels engaged in the slave-trade. +<i>Senate Doc.</i>, 26 Cong. 2 sess. III. No. 125. (Contains +much information.)</p> +<p><span class="pagenum"><!-- Page 324 -->324</span><a name="Page_324" id="Page_324"></a></p> + +<p class="atext"><b>1841, March 3.</b> Search or Seizure of American Vessels, etc.: +Message from the President ... transmitting a report +from the Secretary of State, in relation to seizures or +search of American vessels on the coast of Africa, etc. +<i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115 (elaborate correspondence). +See also <i>Ibid.</i>, 27 Cong. 1 sess. No. 34; +<i>House Reports</i>, 27 Cong. 3 sess. III. No. 283, pp. 478–755 +(correspondence).</p> + + +<p class="atext"><b>1841, Dec. 4.</b> Report of the Secretary of the Navy. <i>House +Doc.</i>, 27 Cong. 2 sess. I. No. 2, pp. 349, 351.</p> + + +<p class="atext"><b>1842, Jan. 20.</b> Message from the President ... communicating +... copies of correspondence in relation to the +mutiny on board the brig Creole, and the liberation of +the slaves who were passengers in the said vessel. <i>Senate +Doc.</i>, 27 Cong. 2 sess. II. No. 51. See also <i>Ibid.</i>, III. +No. 137; <i>House Doc.</i>, 27 Cong. 3 sess. I. No. 2, p. 114.</p> + + +<p class="atext"><b>1842, May 10.</b> Resolutions of the Legislature of the State of +Mississippi in reference to the right of search, and the +case of the American brig Creole. <i>House Doc.</i>, 27 +Cong. 2 sess. IV. No. 215. (Suggestive.)</p> + + +<p class="atext"><b>1842, etc.</b> [Quintuple Treaty and Cass's Protest: Messages of +the President, etc.] <i>House Doc.</i>, 27 Cong. 2 sess. V. No. +249; <i>Senate Doc.</i>, 27 Cong. 3 sess. II. No. 52, and IV. +No. 223; 29 Cong. 1 sess. VIII. No. 377.</p> + + +<p class="atext"><b>1842, June 10.</b> Indemnities for slaves on board the Comet and +Encomium: Report of the Secretary of State. <i>House +Doc.</i>, 27 Cong. 2 sess. V. No. 242.</p> + + +<p class="atext"><b>1842, Aug.</b> Suppression of the African Slave Trade—Extradition: +Case of the Creole, etc. <i>House Doc.</i>, 27 Cong. 3 +sess. I. No. 2, pp. 105–136. (Correspondence accompanying +Message of President.)</p> + + +<p class="atext"><b>1842, Dec.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +27 Cong. 3 sess. I. No. 2, p. 532.</p> + + +<p class="atext"><b>1842, Dec. 30.</b> Message from the President ... in relation to +the strength and expense of the squadron to be employed +on the coast of Africa. <i>Senate Doc.</i>, 27 Cong. 3 +sess. II. No. 20.</p> + + +<p class="atext"><b>1843, Feb. 28.</b> Construction of the Treaty of Washington, etc.: +Message from the President ... transmitting a report +from the Secretary of State, in answer to the resolution +of the House of the 22d February, 1843. <i>House Doc.</i>, 27 +<!-- Page 325 --><a name="Page_325" id="Page_325"></a>Cong. 3 sess. V. No. 192.</p> +<p class="pagenum">325</p> + + +<p class="atext"><b>1843, Feb. 28.</b> African Colonization.... Report: "The +Committee on Commerce, to whom was referred the +memorial of the friends of African colonization, assembled +in convention in the city of Washington in +May last, beg leave to submit the following report," +etc. (16 pp.). Appendix. (1071 pp.). <i>House Reports</i>, 27 +Cong. 3 sess. III. No. 283 [Contents of Appendix: pp. +17–408, identical nearly with the Appendix to <i>House +Reports</i>, 21 Cong. 1 sess. III. No. 348; pp. 408–478. +Congressional history of the slave-trade, case of the +Fenix, etc. (cf. <i>House Doc.</i>, 21 Cong. 2 sess. III. No. +54); pp. 478–729, search and seizure of American vessels +(same as <i>House Doc.</i>, 26 Cong. 2 sess. V. No. 115, +pp. 1–252); pp. 730–755, correspondence on British +search of American vessels, etc.; pp. 756–61, Quintuple +Treaty; pp. 762–3, President's Message on Treaty +of 1842; pp. 764–96, correspondence on African +squadron, etc.; pp. 796–1088, newspaper extracts on +the slave-trade and on colonization, report of Colonization +Society, etc.]</p> + + +<p class="atext"><b>1843, Nov. 25.</b> Report of the Secretary of the Navy. <i>House +Doc.</i>, 28 Cong. 1 sess. I. No. 2, pp. 484–5.</p> + + +<p class="atext"><b>1844, March 14.</b> Message from the President ... communicating +... information in relation to the abuse of +the flag of the United States in ... the African slave +trade, etc. <i>Senate Doc.</i>, 28 Cong. 1 sess. IV. No. 217.</p> + +<p class="atext"><b>1844, March 15.</b> Report: "The Committee on the Judiciary, +to whom was referred the petition of ... John +Hanes, ... praying an adjustment of his accounts for +the maintenance of certain captured African slaves, ask +leave to report," etc. <i>Senate Doc.</i>, 28 Cong. 1 sess. IV. +No. 194.</p> + + +<p class="atext"><b>1844, May 4.</b> African Slave Trade: Report: "The Committee +on Foreign Affairs, to whom was referred the petition +of the American Colonization Society and others, respectfully +report," etc. <i>House Reports</i>, 28 Cong. 1 sess. +II. No. 469.</p> + + +<p class="atext"><b>1844, May 22.</b> Suppression of the Slave-Trade on the coast of +Africa: Message from the President, etc. <i>House Doc.</i>, 28<!-- Page 326 --><a name="Page_326" id="Page_326"></a> +Cong. 1 sess. VI. No. 263.</p><p class="pagenum">326</p> + + +<p class="atext"><b>1844, Nov. 25.</b> Report of the Secretary of the Navy. <i>House +Doc.</i>, 28 Cong. 2 sess. I. No. 2, p. 514.</p> + + +<p class="atext"><b>1845, Feb. 20.</b> Slave-Trade, etc.: Message from the President +... transmitting copies of despatches from the American +minister at the court of Brazil, relative to the +slave-trade, etc. <i>House Doc.</i>, 28 Cong. 2 sess. IV. No. +148. (Important evidence, statistics, etc.)</p> + + +<p class="atext"><b>1845, Feb. 26.</b> Message from the President ... communicating +... information relative to the operations of the +United States squadron, etc. <i>Senate Doc.</i>, 28 Cong. 2 +sess. IX. No. 150. (Contains reports of Commodore +Perry, and statistics of Liberia.)</p> + + +<p class="atext"><b>1845, Dec. 1.</b> Report of the Secretary of the Navy. <i>House Doc.</i>, +29 Cong. 1 sess. I. No. 2, p. 645.</p> + + +<p class="atext"><b>1845, Dec. 22.</b> African Slave-Trade: Message from the President +... transmitting a report from the Secretary of +State, together with the correspondence of George W. +Slacum, relative to the African slave trade. <i>House Doc.</i>, +29 Cong. 1 sess. III. No. 43. (Contains much information.)</p> + + +<p class="atext"><b>1846, June 6.</b> Message from the President ... communicating +... copies of the correspondence between the +government of the United States and that of Great +Britain, on the subject of the right of search; with copies +of the protest of the American minister at Paris +against the quintuple treaty, etc. <i>Senate Doc.</i>, 29 Cong. +1 sess. VIII. No. 377. Cf. <i>Ibid.</i>, 27 Cong. 3 sess. II. No. +52, and IV. No. 223; <i>House Doc.</i>, 27 Cong. 2 sess. V. +No. 249.</p> + + +<p class="atext"><b>1846–1847, Dec.</b> Reports of the Secretary of the Navy. <i>House +Doc.</i>, 29 Cong. 2 sess. I. No. 4, p. 377; 30 Cong. 1 sess. +II. No. 8, p. 946.</p> + + +<p class="atext"><b>1848, March 3.</b> Message from the President ... communicating +a report from the Secretary of State, with the +correspondence of Mr. Wise, late United States minister +to Brazil, in relation to the slave trade. <i>Senate Exec. +Doc.</i>, 30 Cong. 1 sess. IV. No. 28. (Full of facts.)</p> + + +<p class="atext"><b>1848, May 12.</b> Report of the Secretary of State, in relation to +... the seizure of the brig Douglass by a British<!-- Page 327 --><a name="Page_327" id="Page_327"></a> +cruiser. <i>Senate Exec. Doc.</i>, 30 Cong. 1 sess. VI. No. 44.</p><p class="pagenum">327</p> + + +<p class="atext"><b>1848, Dec. 4.</b> Report of the Secretary of the Navy. <i>House +Exec. Doc.</i>, 30 Cong. 2 sess. I. No. 1, pp. 605, 607.</p> + + +<p class="atext"><b>1849, March 2.</b> Correspondence between the Consuls of the +United States at Rio de Janeiro, etc., with the Secretary +of State, on the subject of the African Slave Trade: +Message of the President, etc. <i>House Exec. Doc.</i>, 30 +Cong. 2 sess. VII. No. 61. (Contains much evidence.)</p> + + +<p class="atext"><b>1849, Dec. 1.</b> Report of the Secretary of the Navy. <i>House +Exec. Doc.</i>, 31 Cong. 1 sess. III. pt. 1, No. 5, pt. 1, pp. +427–8.</p> + + +<p class="atext"><b>1850, March 18.</b> Report of the Secretary of the Navy, showing +the annual number of deaths in the United States +squadron on the coast of Africa, and the annual cost +of that squadron. <i>Senate Exec. Doc.</i>, 31 Cong. 1 sess. X. +No. 40.</p> + + +<p class="atext"><b>1850, July 22.</b> African Squadron: Message from the President +... transmitting Information in reference to the African +squadron. <i>House Exec. Doc.</i>, 31 Cong. 1 sess. IX. +No. 73. (Gives total expenses of the squadron, slavers +captured, etc.)</p> + + +<p class="atext"><b>1850, Aug. 2.</b> Message from the President ... relative to the +searching of American vessels by British ships of war. +<i>Senate Exec. Doc.</i>, 31 Cong. 1 sess. XIV. No. 66.</p> + + +<p class="atext"><b>1850, Dec. 17.</b> Message of the President ... communicating +... a report of the Secretary of State, with documents +relating to the African slave trade. <i>Senate Exec. +Doc.</i>, 31 Cong. 2 sess. II. No. 6.</p> + + +<p class="atext"><b>1851–1853.</b> Reports of the Secretary of the Navy. <i>House Exec. +Doc.</i>, 32 Cong. 1 sess. II. pt. 2, No. 2, pt. 2, pp. 4–5; +32 Cong. 2 sess. I. pt. 2, No. 1, pt. 2, p. 293; 33 Cong. +1 sess. I. pt. 3, No. 1, pt. 3, pp. 298–9.</p> + + +<p class="atext"><b>1854, March 13.</b> Message from the President ... communicating +... the correspondence between Mr. Schenck, +United States Minister to Brazil, and the Secretary of +State, in relation to the African slave trade. <i>Senate +Exec. Doc.</i>, 33 Cong. 1 sess. VIII. No. 47.</p> + + +<p class="atext"><b>1854, June 13.</b> Report submitted by Mr. Slidell, from the +Committee on Foreign Relations, on a resolution +relative to the abrogation of the eighth article of the +<!-- Page 328 --><a name="Page_328" id="Page_328"></a>treaty with Great Britain of the 9th of August, 1842, +etc. <i>Senate Reports</i>, 34 Cong. 1 sess. I. No. 195. (Injunction +of secrecy removed June 26, 1856.)</p><p class="pagenum">328</p> + + +<p class="atext"><b>1854–1855, Dec.</b> Reports of the Secretary of the Navy. <i>House +Exec. Doc.</i>, 33 Cong. 2 sess. I. pt. 2, No. 1, pt. 2, +pp. 386–7; 34 Cong. 1 sess. I. pt. 3, No. 1, pt. 3, p. 5.</p> + + +<p class="atext"><b>1856, May 19.</b> Slave and Coolie Trade: Message from the +President ... communicating information in regard +to the Slave and Coolie trade. <i>House Exec. Doc.</i>, 34 +Cong. 1 sess. XII. No. 105. (Partly reprinted in <i>Senate +Exec. Doc.</i>, 34 Cong. 1 sess. XV No. 99.)</p> + + +<p class="atext"><b>1856, Aug. 5.</b> Report of the Secretary of State, in compliance +with a resolution of the Senate of April 24, calling for +information relative to the coolie trade. <i>Senate Exec. +Doc.</i>, 34 Cong. 1 sess. XV. No. 99. (Partly reprinted in +<i>House Exec Doc.</i>, 34 Cong. 1 sess. XII. No. 105.)</p> + + +<p class="atext"><b>1856, Dec. 1.</b> Report of the Secretary of the Navy. <i>House Exec. +Doc.</i>, 34 Cong. 3 sess. I. pt. 2, No. 1, pt. 2, p. 407.</p> + + +<p class="atext"><b>1857, Feb. 11.</b> Slave Trade: Letter from the Secretary of State, +asking an appropriation for the suppression of the +slave trade, etc. <i>House Exec Doc.</i>, 34 Cong. 3 sess. IX. +No. 70.</p> + + +<p class="atext"><b>1857, Dec. 3.</b> Report of the Secretary of the Navy. <i>House Exec +Doc.</i>, 35 Cong. 1 sess. II. pt. 3, No. 2, pt. 3, p. 576.</p> + + +<p class="atext"><b>1858, April 23.</b> Message of the President ... communicating +... reports of the Secretary of State and the Secretary +of the Navy, with accompanying papers, in relation to +the African slave trade. <i>Senate Exec. Doc.</i>, 35 Cong. 1 +sess. XII. No. 49. (Valuable.)</p> + + +<p class="atext"><b>1858, Dec. 6.</b> Report of the Secretary of the Navy. <i>House Exec. +Doc.</i>, 35 Cong. 2 sess. II. pt. 4, No. 2, pt. 4, pp. 5, +13–4.</p> + + +<p class="atext"><b>1859, Jan. 12.</b> Message of the President ... relative to the +landing of the barque Wanderer on the coast of Georgia, +etc. <i>Senate Exec. Doc.</i>, 35 Cong. 2 sess. VII. No. 8. +See also <i>House Exec. Doc.</i>, 35 Cong. 2 sess. IX. No. 89.</p> + + +<p class="atext"><b>1859, March 1.</b> Instructions to African squadron: Message +from the President, etc. <i>House Exec. Doc.</i>, 35 Cong. 2 +sess. IX. No. 104.</p> +<p><span class="pagenum"><!-- Page 329 -->329</span><a name="Page_329" id="Page_329"></a></p> + +<p class="atext"><b>1859, Dec. 2.</b> Report of the Secretary of the Navy. <i>Senate +Exec. Doc.</i>, 36 Cong. 1 sess. III. No. 2, pt. 3, pp. 1138–9, +1149–50.</p> + + +<p class="atext"><b>1860, Jan. 25.</b> Memorial of the American Missionary Association, +praying the rigorous enforcement of the laws for +the suppression of the African slave-trade, etc. <i>Senate +Misc. Doc.</i>, 36 Cong. 1 sess. No. 8.</p> + + +<p class="atext"><b>1860, April 24.</b> Message from the President ... in answer +to a resolution of the House calling for the number of +persons ... belonging to the African squadron, who +have died, etc. <i>House Exec. Doc.</i>, 36 Cong. 1 sess. XII. +No. 73.</p> + + +<p class="atext"><b>1860, May 19.</b> Message of the President ... relative to the +capture of the slaver Wildfire, etc. <i>Senate Exec. Doc.</i>, 36 +Cong. 1 sess. XI. No. 44.</p> + + +<p class="atext"><b>1860, May 22.</b> Capture of the slaver "William": Message from +the President ... transmitting correspondence relative +to the capture of the slaver "William," etc. <i>House +Exec. Doc.</i>, 36 Cong. 1 sess. XII. No. 83.</p> + + +<p class="atext"><b>1860, May 31.</b> The Slave Trade ... Report: "The Committee +on the Judiciary, to whom was referred Senate Bill No. +464, ... together with the messages of the President +... relative to the capture of the slavers 'Wildfire' and +'William,' ... respectfully report," etc. <i>House Reports</i>, +36 Cong. 1 sess. IV. No. 602.</p> + + +<p class="atext"><b>1860, June 16.</b> Recaptured Africans: Letter from the Secretary +of the Interior, on the subject of the return to Africa +of recaptured Africans, etc. <i>House Misc. Doc.</i>, 36 Cong. +1 sess. VII. No. 96. Cf. <i>Ibid.</i>, No. 97, p. 2.</p> + + +<p class="atext"><b>1860, Dec. 1.</b> Report of the Secretary of the Navy. <i>Senate +Exec. Doc.</i>, 36 Cong. 2 sess. III. pt. 1, No. 1, pt. 3, pp. +8–9.</p> + + +<p class="atext"><b>1860, Dec. 6.</b> African Slave Trade: Message from the President ... +transmitting ... a report from the Secretary +of State in reference to the African slave trade. +<i>House Exec. Doc.</i>, 36 Cong. 2 sess. IV. No. 7. (Voluminous +document, containing chiefly correspondence, +orders, etc., 1855–1860.)</p> + + +<p class="atext"><b>1860, Dec. 17.</b> Deficiencies of Appropriation, etc.: Letter +from the Secretary of the Interior, communicating +estimates for deficiencies in the appropriation for the +<!-- Page 330 --><a name="Page_330" id="Page_330"></a>suppression of the slave trade, etc. <i>House Exec. Doc.</i>, 36 +Cong. 2 sess. V. No. 11. (Contains names of captured +slavers.)</p><p class="pagenum">330</p> + + +<p class="atext"><b>1861, July 4.</b> Report of the Secretary of the Navy. <i>Senate +Exec. Doc.</i>, 37 Cong. 1 sess. No. 1, pp. 92, 97.</p> + + +<p class="atext"><b>1861, Dec. 2.</b> Report of the Secretary of the Navy. <i>Senate +Exec. Doc.</i>, 37 Cong. 2 sess. Vol. III. pt. 1, No. 1, pt. 3, +pp. 11, 21.</p> + + +<p class="atext"><b>1861, Dec. 18.</b> In Relation to Captured Africans: Letter from +the Secretary of the Interior ... as to contracts for +returning and subsistence of captured Africans. <i>House +Exec. Doc.</i>, 37 Cong. 2 sess. I. No. 12.</p> + + +<p class="atext"><b>1862, April 1.</b> Letter of the Secretary of the Interior ... in +relation to the slave vessel the "Bark Augusta." <i>Senate +Exec. Doc.</i>, 37 Cong. 2 sess. V. No. 40.</p> + + +<p class="atext"><b>1862, May 30.</b> Letter of the Secretary of the Interior ... in +relation to persons who have been arrested in the +southern district of New York, from the 1st day of +May, 1852, to the 1st day of May, 1862, charged with +being engaged in the slave trade, etc. <i>Senate Exec. Doc.</i>, +37 Cong. 2 sess. V. No. 53.</p> + + +<p class="atext"><b>1862, June 10.</b> Message of the President ... transmitting a +copy of the treaty between the United States and her +Britannic Majesty for the suppression of the African +slave trade. <i>Senate Exec. Doc.</i>, 37 Cong. 2 sess. V. No. +57. (Also contains correspondence.)</p> + + +<p class="atext"><b>1862, Dec. 1.</b> Report of the Secretary of the Navy. <i>House Exec. +Doc.</i>, 37 Cong. 3 sess. III. No. 1, pt. 3, p. 23.</p> + + +<p class="atext"><b>1863, Jan. 7.</b> Liberated Africans: Letter from the Acting Secretary +of the Interior ... transmitting reports from +Agent Seys in relation to care of liberated Africans. +<i>House Exec. Doc.</i>, 37 Cong. 3 sess. V. No. 28.</p> + + +<p class="atext"><b>1864, July 2.</b> Message of the President ... communicating ... +information in regard to the African slave trade. +<i>Senate Exec. Doc.</i>, 38 Cong. 1 sess. No. 56.</p> + + +<p class="atext"><b>1866–69.</b> Reports of the Secretary of the Navy. <i>House Exec. +Doc.</i>, 39 Cong. 2 sess. IV. No. 1, pt. 6, pp. 12, 18–9; 40 +Cong. 2 sess. IV. No. 1, p. 11; 40 Cong. 3 sess. IV. No. +1, p. ix; 41 Cong. 2 sess. I. No. 1, pp. 4, 5, 9, 10.</p> +<p><span class="pagenum"><!-- Page 331 -->331</span><a name="Page_331" id="Page_331"></a></p> + +<p class="atext"><b>1870, March 2.</b> [Resolution on the slave-trade submitted to +the Senate by Mr. Wilson]. <i>Senate Misc. Doc.</i>, 41 Cong. +2 sess. No. 66.</p> + + +<h3>GENERAL BIBLIOGRAPHY.</h3> + +<div class="biblio"> +<p>John Quincy Adams. Argument before the Supreme Court +of the United States, in the case of the United States, Appellants, +<i>vs.</i> Cinque, and Others, Africans, captured in the +schooner Amistad, by Lieut. Gedney, delivered on the 24th +of Feb. and 1st of March, 1841. With a Review of the case of +the Antelope. New York, 1841.</p> + +<p>An African Merchant (anon.). A Treatise upon the Trade +from Great-Britain to Africa; Humbly recommended to the +Attention of Government. London, 1772.</p> + +<p>The African Slave Trade: Its Nature, Consequences, and +Extent. From the Leeds Mercury. [Birmingham, 183-.]</p> + +<p>The African Slave Trade: The Secret Purpose of the Insurgents +to Revive it. No Treaty Stipulations against the Slave +Trade to be entered into with the European Powers, etc. Philadelphia, +1863.</p> + +<p>George William Alexander. Letters on the Slave-Trade, +Slavery, and Emancipation, etc. London, 1842. (Contains +Bibliography.)</p> + +<p>American and Foreign Anti-Slavery Society; Reports.</p> + +<p>American Anti-Slavery Society. Memorial for the Abolition +of Slavery and the Slave Trade. London, 1841.</p> + +<p>——. Reports and Proceedings.</p> + +<p>American Colonization Society. Annual Reports, 1818–1860. +(Cf. above, United States Documents.)</p> + +<p>J.A. Andrew and A.G. Browne, proctors. Circuit Court of +the United States, Massachusetts District, ss. In Admiralty. +The United States, by Information, <i>vs.</i> the Schooner +Wanderer and Cargo, G. Lamar, Claimant. Boston, 1860.</p> + +<p>Edward Armstrong, editor. The Record of the Court at +Upland, in Pennsylvania. 1676–1681. Philadelphia, 1860. (In +<i>Memoirs</i> of the Pennsylvania Historical Society, VII. 11.)</p> + +<p>Samuel Greene Arnold. History of the State of Rhode Island +and Providence Plantations. 2 vols. New York, 1859–60. +(See Index to Vol. II., "Slave Trade.")</p> +<p><span class="pagenum"><!-- Page 332 -->332</span><a name="Page_332" id="Page_332"></a></p> +<p>Assiento, or, Contract for allowing to the Subjects of Great +Britain the Liberty of Importing Negroes into the Spanish +America. Sign'd by the Catholick King at Madrid, the Twenty +sixth Day of March, 1713. By Her Majesties special Command. +London, 1713.</p> + +<p>R.S. Baldwin. Argument before the Supreme Court of the +United States, in the case of the United States, Appellants, <i>vs.</i> +Cinque, and Others, Africans of the Amistad. New York, 1841.</p> + +<p>James Bandinel. Some Account of the Trade in Slaves +from Africa as connected with Europe and America; From +the Introduction of the Trade into Modern Europe, down to +the present Time; especially with reference to the efforts +made by the British Government for its extinction. London, +1842.</p> + +<p>Anthony Benezet. Inquiry into the Rise and Progress of the +Slave Trade, 1442–1771. (In his Historical Account of Guinea, +etc., Philadelphia, 1771.)</p> + +<p>——. Notes on the Slave Trade, etc. [1780?].</p> + +<p>Thomas Hart Benton. Abridgment of the Debates of Congress, +from 1789 to 1856. 16 vols. Washington, 1857–61.</p> + +<p>Edward Bettle. Notices of Negro Slavery, as connected +with Pennsylvania. (Read before the Historical Society of +Pennsylvania, Aug. 7, 1826. Printed in <i>Memoirs</i> of the Historical +Society of Pennsylvania, Vol. I. Philadelphia, 1864.)</p> + +<p>W.O. Blake. History of Slavery and the Slave Trade, Ancient +and Modern. Columbus, 1859.</p> + +<p>Jeffrey R. Brackett. The Status of the Slave, 1775–1789. (Essay +V. in Jameson's <i>Essays in the Constitutional History of the +United States, 1775–89</i>. Boston, 1889.)</p> + +<p>Thomas Branagan. Serious Remonstrances, addressed to +the Citizens of the Northern States and their Representatives, +on the recent Revival of the Slave Trade in this Republic. +Philadelphia, 1805.</p> + +<p>British and Foreign Anti-Slavery Society. Annual and Special +Reports.</p> + +<p>——. Proceedings of the general Anti-Slavery Convention, +called by the committee of the British and Foreign +Anti-Slavery Society, and held in London, ... June, 1840. +London, 1841.</p> + +<p>[A British Merchant.] The African Trade, the Great Pillar +and Support of the British Plantation Trade in America: +<!-- Page 333 --><a name="Page_333" id="Page_333"></a><span class="pagenum">333</span>shewing, etc. London, 1745.</p> + +<p>[British Parliament, House of Lords.] Report of the Lords +of the Committee of the Council appointed for the Confederation +of all Matters relating to Trade and Foreign Plantations, +etc. 2 vols. [London,] 1789.</p> + +<p>William Brodie. Modern Slavery and the Slave Trade: a +Lecture, etc. London, 1860.</p> + +<p>Thomas Fowell Buxton. The African Slave Trade and its +Remedy. London, 1840.</p> + +<p>John Elliot Cairnes. The Slave Power: its Character, Career, +and Probable Designs. London, 1862.</p> + +<p>Henry C. Carey. The Slave Trade, Domestic and Foreign: why +it Exists and how it may be Extinguished. Philadelphia, 1853.</p> + +<p>[Lewis Cass]. An Examination of the Question, now in +Discussion, ... concerning the Right of Search. By an +American. [Philadelphia, 1842.]</p> + +<p>William Ellery Channing. The Duty of the Free States, or +Remarks suggested by the case of the Creole. Boston, 1842.</p> + +<p>David Christy. Ethiopia, her Gloom and Glory, as illustrated +in the History of the Slave Trade, etc. (1442–1857.) +Cincinnati, 1857.</p> + +<p>Rufus W. Clark. The African Slave Trade. Boston, [1860.]</p> + +<p>Thomas Clarkson. An Essay on the Comparative Efficiency +of Regulation or Abolition, as applied to the Slave Trade. +Shewing that the latter only can remove the evils to be found +in that commerce. London, 1789.</p> + +<p>——. An Essay on the Impolicy of the African Slave +Trade. In two parts. Second edition. London, 1788.</p> + +<p>——. An Essay on the Slavery and Commerce of +the Human Species, particularly the African. London and +Dublin, 1786.</p> + +<p>——. The History of the Rise, Progress, and Accomplishment +of the Abolition of the African Slave-Trade, by the +British Parliament. 2 vols. Philadelphia, 1808.</p> + +<p>Michael W. Cluskey. The Political Text-Book, or Encyclopedia ... +for the Reference of Politicians and Statesmen. +Fourteenth edition. Philadelphia, 1860.</p> + +<p>T.R.R. Cobb. An Historical Sketch of Slavery, from the +Earliest Periods. Philadelphia and Savannah. 1858.</p> +<p><span class="pagenum"><!-- Page 334 -->334</span><a name="Page_334" id="Page_334"></a></p> +<p>T.R.R. Cobb. Inquiry into the Law of Negro Slavery in +the United States of America. Vol. I. Philadelphia and Savannah, +1858.</p> + +<p>Company of Royal Adventurers. The Several Declarations +of the Company of Royal Adventurers of England trading +into Africa, inviting all His Majesties Native Subjects in general +to Subscribe, and become Sharers in their Joynt-stock, +etc. [London,] 1667.</p> + +<p>Confederate States of America. By Authority of Congress: +The Statutes at Large of the Provisional Government of the +Confederate States of America, from the Institution of the +Government, Feb. 8, 1861, to its Termination, Feb. 18, 1862, +Inclusive, etc. (Contains provisional and permanent constitutions.) +Edited by James M. Matthews. Richmond, 1864.</p> + +<p>Constitution of a Society for Abolishing the Slave-Trade. +With Several Acts of the Legislatures of the States of Massachusetts, +Connecticut and Rhode-Island, for that Purpose. +Printed by John Carter. Providence, 1789.</p> + +<p>Continental Congress. Journals and Secret Journals.</p> + +<p>Moncure D. Conway. Omitted Chapters of History disclosed +in the Life and Papers of Edmund Randolph, etc. New +York and London, 1888.</p> + +<p>Thomas Cooper. Letters on the Slave Trade. Manchester, +Eng., 1787.</p> + +<p>Correspondence with British Ministers and Agents in Foreign +Countries, and with Foreign Ministers in England, relative +to the Slave Trade, 1859–60. London, 1860.</p> + +<p>The Creole Case, and Mr. Webster's Despatch; with the +comments of the New York "American." New York, 1842.</p> + +<p>B.R. Curtis. Reports of Decisions in the Supreme Court +of the United States. With Notes, and a Digest. Fifth edition. +22 vols. Boston, 1870.</p> + +<p>James Dana. The African Slave Trade. A Discourse delivered ... +September, 9, 1790, before the Connecticut Society +for the Promotion of Freedom. New Haven, 1791.</p> + +<p>Henry B. Dawson, editor. The Fœderalist: A Collection of +Essays, written in favor of the New Constitution, as agreed +upon by the Fœderal Convention, September 17, 1787. Reprinted +from the Original Text. With an Historical Introduction +and Notes. Vol. I. New York, 1863.</p> +<p><span class="pagenum"><!-- Page 335 -->335</span><a name="Page_335" id="Page_335"></a></p> +<p>Paul Dean. A Discourse delivered before the African Society ... +in Boston, Mass., on the Abolition of the Slave +Trade ... July 14, 1819. Boston, 1819.</p> + +<p>Charles Deane. The Connection of Massachusetts with Slavery +and the Slave-Trade, etc. Worcester, 1886. (Also in <i>Proceedings</i> +of the American Antiquarian Society, October, 1886.)</p> + +<p>——. Charles Deane. Letters and Documents relating +to Slavery in Massachusetts. (In <i>Collections</i> of the Massachusetts +Historical Society, 5th Series, III. 373.)</p> + +<p>Debate on a Motion for the Abolition of the Slave-Trade, +in the House of Commons, on Monday and Tuesday, April +18 and 19, 1791. Reported in detail. London, 1791.</p> + +<p>J.D.B. De Bow. The Commercial Review of the South +and West. (Also De Bow's Review of the Southern and Western +States.) 38 vols. New Orleans, 1846–69.</p> + +<p>Franklin B. Dexter. Estimates of Population in the American +Colonies. Worcester, 1887.</p> + +<p>Captain Richard Drake. Revelations of a Slave Smuggler: +being the Autobiography of Capt. Richard Drake, an African +Trader for fifty years—from 1807 to 1857, etc. New York, +[1860.]</p> + +<p>Daniel Drayton. Personal Memoir, etc. Including a Narrative +of the Voyage and Capture of the Schooner Pearl. Published +by the American and Foreign Anti-Slavery Society, +Boston and New York, 1855.</p> + +<p>John Drayton. Memoirs of the American Revolution. 2 +vols. Charleston, 1821.</p> + +<p>Paul Dudley. An Essay on the Merchandize of Slaves and +Souls of Men. Boston, 1731.</p> + +<p>Edward E. Dunbar. The Mexican Papers, containing the +History of the Rise and Decline of Commercial Slavery in +America, with reference to the Future of Mexico. First Series, +No. 5. New York, 1861.</p> + +<p>Jonathan Edwards. The Injustice and Impolicy of the Slave +Trade, and of the Slavery of the Africans, etc. [New Haven,] +1791.</p> + +<p>Jonathan Elliot. The Debates ... on the adoption of the +Federal Constitution, etc. 4 vols. Washington, 1827–30.</p> + +<p>Emerson Etheridge. Speech ... on the Revival of the African +Slave Trade, etc. Washington, 1857.</p> +<p><span class="pagenum"><!-- Page 336 -->336</span><a name="Page_336" id="Page_336"></a></p> +<p>Alexander Falconbridge. An Account of the Slave Trade on +the Coast of Africa. London, 1788.</p> + +<p>Andrew H. Foote. Africa and the American Flag. New +York, 1854.</p> + +<p>——. The African Squadron: Ashburton Treaty; +Consular Sea Letters. Philadelphia, 1855.</p> + +<p>Peter Force. American Archives, etc. In Six Series. +Prepared and Published under Authority of an act of +Congress. Fourth and Fifth Series. 9 vols. Washington, +1837–53.</p> + +<p>Paul Leicester Ford. The Association of the First Congress, +(In Political Science Quarterly, VI. 613.)</p> + +<p>——. Pamphlets on the Constitution of the United +States, published during its Discussion by the People, 1787–8. +(With Bibliography, etc.) Brooklyn, 1888.</p> + +<p>William Chauncey Fowler. Local Law in Massachusetts and +Connecticut, Historically considered; and The Historical Status +of the Negro, in Connecticut, etc. Albany, 1872, and New +Haven, 1875.</p> + +<p>[Benjamin Franklin.] An Essay on the African Slave Trade. +Philadelphia, 1790.</p> + +<p>[Friends.] Address to the Citizens of the United States of +America on the subject of Slavery, etc. (At New York Yearly +Meeting.) New York, 1837.</p> + +<p>——. An Appeal on the Iniquity of Slavery and the +Slave Trade. (At London Yearly Meeting.) London and Cincinnati, +1844.</p> + +<p>——. The Appeal of the Religious Society of Friends +in Pennsylvania, New Jersey, Delaware, etc., [Yearly Meeting] +to their Fellow-Citizens of the United States on behalf of the +Coloured Races. Philadelphia, 1858.</p> + +<p>——. A Brief Statement of the Rise and Progress of +the Testimony of the Religious Society of Friends against +Slavery and the Slave Trade. 1671–1787. (At Yearly Meeting in +Philadelphia.) Philadelphia, 1843.</p> + +<p>——. The Case of our Fellow-Creatures, the Oppressed +Africans, respectfully recommended to the Serious +Consideration of the Legislature of Great-Britain, by the People +called Quakers. (At London Meeting.) London, 1783 and +1784. (This volume contains many tracts on the African slave-trade, +especially in the West Indies; also descriptions of trade,<!-- Page 337 --><a name="Page_337" id="Page_337"></a><span class="pagenum">337</span> +proposed legislation, etc.)</p> + +<p>[Friends.] An Exposition of the African Slave Trade, from +the year 1840, to 1850, inclusive. Prepared from official documents. +Philadelphia, 1857.</p> + +<p>——. Extracts and Observations on the Foreign +Slave Trade. Philadelphia, 1839.</p> + +<p>——. Facts and Observations relative to the Participation +of American Citizens in the African Slave Trade. Philadelphia, +1841.</p> + +<p>——. Faits relatifs à la Traite des Noirs, et Détails +sur Sierra Leone; par la Société des Ames. Paris, 1824.</p> + +<p>——. Germantown Friends' Protest against Slavery, +1688. Fac-simile Copy. Philadelphia, 1880.</p> + +<p>——. Observations on the Inslaving, importing and +purchasing of Negroes; with some Advice thereon, extracted +from the Epistle of the Yearly-Meeting of the People called +Quakers, held at London in the Year 1748. Second edition. +Germantown, 1760.</p> + +<p>——. Proceedings in relation to the Presentation of the +Address of the [Great Britain and Ireland] Yearly Meeting on +the Slave-Trade and Slavery, to Sovereigns and those in Authority +in the nations of Europe, and in other parts of the world, +where the Christian religion is professed. Cincinnati, 1855.</p> + +<p>——. Slavery and the Domestic Slave Trade in the +United States. By the committee appointed by the late Yearly +Meeting of Friends held in Philadelphia, in 1839. Philadelphia, +1841.</p> + +<p>——. A View of the Present State of the African +Slave Trade. Philadelphia, 1824.</p> + +<p>Carl Garcis. Das Heutige Völkerrecht und der Menschenhandel. +Eine völkerrechtliche Abhandlung, zugleich Ausgabe +des deutschen Textes der Verträge von 20. Dezember 1841 und +29. März 1879. Berlin, 1879.</p> + +<p>——. Der Sklavenhandel, das Völkerrecht, und das +deutsche Recht. (In Deutsche Zeit- und Streit-Fragen, No. +13.) Berlin, 1885.</p> + +<p>Agénor Étienne de Gasparin. Esclavage et Traite. Paris, +1838.</p> + +<p>Joshua R. Giddings. Speech ... on his motion to reconsider +the vote taken upon the final passage of the "Bill<!-- Page 338 --><a name="Page_338" id="Page_338"></a><span class="pagenum">338</span> for +the relief of the owners of slaves lost from on Board the +Comet and Encomium." [Washington, 1843.]</p> + +<p>Benjamin Godwin. The Substance of a Course of Lectures +on British Colonial Slavery, delivered at Bradford, York, and +Scarborough. London, 1830.</p> + +<p>——. Lectures on Slavery. From the London edition, +with additions. Edited by W.S. Andrews. Boston, 1836.</p> + +<p>William Goodell. The American Slave Code in Theory and +Practice: its Distinctive Features shown by its Statutes, Judicial +Decisions, and Illustrative Facts. New York, 1853.</p> + +<p>——. Slavery and Anti-Slavery; A History of the +great Struggle in both Hemispheres; with a view of the Slavery +Question in the United States. New York, 1852.</p> + +<p>Daniel R. Goodloe. The Birth of the Republic. Chicago, +[1889.]</p> + +<p>[Great Britain.] British and Foreign State Papers.</p> + +<p>——. Sessional Papers. (For notices of slave-trade in +British Sessional Papers, see Bates Hall Catalogue, Boston +Public Library, pp. 347 <i>et seq.</i>)</p> + +<p>[Great Britain: Parliament.] Chronological Table and Index +of the Statutes, Eleventh Edition, to the end of the Session 52 +and 53 Victoria, (1889.) By Authority. London, 1890.</p> + +<p>[Great Britain: Record Commission.] The Statutes of the +Realm. Printed by command of His Majesty King George the +Third ... From Original Records and Authentic Manuscripts. +9 vols. London, 1810–22.</p> + +<p>George Gregory. Essays, Historical and Moral. Second edition. +London, 1788. (Essays 7 and 8: Of Slavery and the Slave +Trade; A Short Review, etc.)</p> + +<p>Pope Gregory XVI. To Catholic Citizens! The Pope's +Bull [for the Abolition of the Slave Trade], and the words +of Daniel O'Connell [on American Slavery.] New York, +[1856.]</p> + +<p>H. Hall. Slavery in New Hampshire. (In <i>New England Register</i>, +XXIX. 247.)</p> + +<p>Isaac W. Hammond. Slavery in New Hampshire in the +Olden Time. (In <i>Granite Monthly</i>, IV. 108.)</p> + +<p>James H. Hammond. Letters on Southern Slavery: addressed +to Thomas Clarkson. [Charleston, (?)].</p> +<p><span class="pagenum"><!-- Page 339 -->339</span><a name="Page_339" id="Page_339"></a></p> +<p>Robert G. Harper. Argument against the Policy of Reopening +the African Slave Trade. Atlanta, Ga., 1858.</p> + +<p>Samuel Hazard, editor. The Register of Pennsylvania. 16 +vols. Philadelphia, 1828–36.</p> + +<p>Hinton R. Helper. The Impending Crisis of the South: +How to Meet it. Enlarged edition. New York, 1860.</p> + +<p>Lewis and Sir Edward Hertslet, compilers. A Complete +Collection of the Treaties and Conventions, and Reciprocal +Regulations, at present subsisting between Great Britain and +Foreign Powers, and of the Laws, Decrees, and Orders in +Council, concerning the same; so far as they relate to Commerce +and Navigation, ... the Slave Trade, etc. 17 vols., +(Vol. XVI., Index.) London, 1840–90.</p> + +<p>William B. Hodgson. The Foulahs of Central Africa, and +the African Slave Trade. [New York, (?)] 1843.</p> + +<p>John Codman Hurd. The Law of Freedom and Bondage in +the United States. 2 vols. Boston and New York, 1858, 1862.</p> + +<p>——. The International Law of the Slave Trade, and +the Maritime Right of Search. (In the American Jurist, XXVI. +330.)</p> + +<p>——. The Jamaica Movement, for promoting the +Enforcement of the Slave-Trade Treaties, and the Suppression +of the Slave-Trade; with statements of Fact, Convention, and +Law: prepared at the request of the Kingston Committee. +London, 1850.</p> + +<p>William Jay. Miscellaneous Writings on Slavery. Boston, +1853.</p> + +<p>——. A View of the Action of the Federal Government, +in Behalf of Slavery. New York, 1839.</p> + +<p>T. and J.W. Johnson. Inquiry into the Law of Negro Slavery +in the United States.</p> + +<p>Alexandre Moreau de Jonnès. Recherches Statistiques sur +l'Esclavage Colonial et sur les Moyens de le supprimer. Paris, +1842.</p> + +<p>M.A. Juge. The American Planter: or The Bound Labor +Interest in the United States. New York, 1854.</p> + +<p>Friedrich Kapp. Die Sklavenfrage in den Vereinigten +Staaten. Göttingen and New York, 1854.</p> + +<p>——. Geschichte der Sklaverei in den Vereinigten +Staaten von Amerika. Hamburg, 1861.</p> +<p><span class="pagenum"><!-- Page 340 -->340</span><a name="Page_340" id="Page_340"></a></p> +<p>Frederic Kidder. The Slave Trade in Massachusetts. (In +<i>New-England Historical and Genealogical Register</i>, XXXI. +75.)</p> + +<p>George Lawrence. An Oration on the Abolition of the +Slave Trade ... Jan. 1, 1813. New York, 1813.</p> + +<p>William B. Lawrence. Visitation and Search; or, An Historical +Sketch of the British Claim to exercise a Maritime +Police over the Vessels of all Nations, in Peace as well as in +War. Boston, 1858.</p> + +<p>Letter from ... in London, to his Friend in America, on +the ... Slave Trade, etc. New York, 1784.</p> + +<p>Thomas Lloyd. Debates of the Convention of the State of +Pennsylvania on the Constitution, proposed for the Government +of the United States. In two volumes. Vol. I. Philadelphia, +1788.</p> + +<p>London Anti-Slavery Society. The Foreign Slave Trade, A +Brief Account of its State, of the Treaties which have been +entered into, and of the Laws enacted for its Suppression, +from the date of the English Abolition Act to the present +time. London, 1837.</p> + +<p>——. The Foreign Slave Trade, etc., No. 2. London, +1838.</p> + +<p>London Society for the Extinction of the Slave Trade, and +for the Civilization of Africa. Proceedings at the first Public +Meeting, held at Exeter Hall, on Monday, 1st June, 1840. +London, 1840.</p> + +<p>Theodore Lyman, Jr. The Diplomacy of the United States, +etc. Second edition. 2 vols. Boston, 1828.</p> + +<p>Hugh M'Call. The History of Georgia, containing Brief +Sketches of the most Remarkable Events, up to the Present +Day. 2 vols. Savannah, 1811–16.</p> + +<p>Marion J. McDougall. Fugitive Slaves. Boston, 1891.</p> + +<p>John Fraser Macqueen. Chief Points in the Laws of War +and Neutrality, Search and Blockade, etc. London and Edinburgh, +1862.</p> + +<p>R.R. Madden. A Letter to W.E. Channing, D.D., on the +subject of the Abuse of the Flag of the United States in the +Island of Cuba, and the Advantage taken of its Protection in +promoting the Slave Trade. Boston, 1839.</p> + +<p>James Madison. Letters and Other Writings of James Madison, +Fourth President of the United States. In four volumes<!-- Page 341 --><a name="Page_341" id="Page_341"></a><span class="pagenum">341</span>. +Published by order of Congress. Philadelphia, 1865.</p> + +<p>James Madison. The Papers of James Madison, purchased +by order of Congress; being his Correspondence and Reports +of Debates during the Congress of the Confederation and his +Reports of Debates in the Federal Convention. 3 vols. Washington, +1840.</p> + +<p>Marana (pseudonym). The Future of America. Considered ... +in View of ... Re-opening the Slave Trade. Boston, +1858.</p> + +<p>E. Marining. Six Months on a Slaver. New York, 1879.</p> + +<p>George C. Mason. The African Slave Trade in Colonial +Times. (In American Historical Record, I. 311, 338.)</p> + +<p>Frederic G. Mather. Slavery in the Colony and State +of New York. (In <i>Magazine of American History</i>, XI. +408.)</p> + +<p>Samuel May, Jr. Catalogue of Anti-Slavery Publications +in America, 1750–1863. (Contains bibliography of periodical +literature.)</p> + +<p>Memorials presented to the Congress of the United States +of America, by the Different Societies instituted for promoting +the Abolition of Slavery, etc., etc., in the States of Rhode-Island, +Connecticut, New-York, Pennsylvania, Maryland, and +Virginia. Philadelphia, 1792.</p> + +<p>Charles F. Mercer. Mémoires relatifs à l'Abolition de la +Traite Africaine, etc. Paris, 1855.</p> + +<p>C.W. Miller. Address on Re-opening the Slave Trade ... +August 29, 1857. Columbia, S.C., 1857.</p> + +<p>George H. Moore. Notes on the History of Slavery in Massachusetts. +New York, 1866.</p> + +<p>——. Slavery in Massachusetts. (In <i>Historical Magazine</i>, +XV. 329.)</p> + +<p>Jedidiah Morse. A Discourse ... July 14, 1808, in Grateful +Celebration of the Abolition of the African Slave-Trade by the +Governments of the United States, Great Britain and Denmark. +Boston, 1808.</p> + +<p>John Pennington, Lord Muncaster. Historical Sketches of +the Slave Trade and its effect on Africa, addressed to the People +of Great Britain. London, 1792.</p> + +<p>Edward Needles. An Historical Memoir of the Pennsylvania +Society, for Promoting the Abolition of Slavery.<!-- Page 342 --><a name="Page_342" id="Page_342"></a><span class="pagenum">342</span> +Philadelphia, 1848.</p> + +<p>New England Anti-Slavery Convention. Proceedings at +Boston, May 27, 1834. Boston, 1834.</p> + +<p>Hezekiah Niles (<i>et al.</i>), editors. The Weekly Register, etc. +71 vols. Baltimore, 1811–1847. (For Slave-Trade, see I. 224; III. +189; V. 30, 46; VI. 152; VII. 54, 96, 286, 350; VIII. 136, 190, +262, 302, Supplement, p. 155; IX. 60, 78, 133, 172, 335; X. 296, +400, 412, 427; XI. 15, 108, 156, 222, 336, 399; XII. 58, 60, 103, +122, 159, 219, 237, 299, 347, 397, 411.)</p> + +<p>Robert Norris. A Short Account of the African Slave-Trade. +A new edition corrected. London, 1789.</p> + +<p>E.B. O'Callaghan, translator. Voyages of the Slavers St. +John and Arms of Amsterdam, 1659, 1663; with additional papers +illustrative of the Slave Trade under the Dutch. Albany, +1867. (New York Colonial Tracts, No. 3.)</p> + +<p>Frederick Law Olmsted. A Journey in the Back Country. +New York, 1860.</p> + +<p>——. A Journey in the Seaboard Slave States, etc. +New York, 1856.</p> + +<p>——. A Journey through Texas, etc. New York, 1857.</p> + +<p>——. The Cotton Kingdom, etc. 2 vols. New York, +1861.</p> + +<p>Sir W.G. Ouseley. Notes on the Slave Trade; with Remarks +on the Measures adopted for its Suppression. London, +1850.</p> + +<p>Pennsylvania Historical Society. The Charlemagne Tower +Collection of American Colonial Laws. (Bibliography.) Philadelphia, +1890.</p> + +<p>Edward A. Pollard. Black Diamonds gathered in the +Darkey Homes of the South. New York, 1859.</p> + +<p>William F. Poole. Anti-Slavery Opinions before the Year +1800. To which is appended a fac-simile reprint of Dr. George +Buchanan's Oration on the Moral and Political Evil of Slavery, +etc. Cincinnati, 1873.</p> + +<p>Robert Proud. History of Pennsylvania. 2 vols. Philadelphia. +1797–8.</p> + +<p>[James Ramsay.] An Inquiry into the Effects of putting a +Stop to the African Slave Trade, and of granting Liberty to +the Slaves in the British Sugar Colonies. London, 1784.</p> +<p><span class="pagenum"><!-- Page 343 -->343</span><a name="Page_343" id="Page_343"></a></p> +<p>[James Ramsey.] Objections to the Abolition of the Slave +Trade, with Answers, etc. Second edition. London, 1788.</p> + +<p>[John Ranby.] Observations on the Evidence given before +the Committees of the Privy Council and House of Commons +in Support of the Bill for Abolishing the Slave Trade. +London, 1791.</p> + +<p>Remarks on the Colonization of the Western Coast of Africa, +by the Free Negroes of the United States, etc. New York, +1850.</p> + +<p>Right of Search. Reply to an "American's Examination" of +the "Right of Search, etc." By an Englishman. London, 1842.</p> + +<p>William Noel Sainsbury, editor. Calendar of State Papers, +Colonial Series, America and the West Indies, 1574–1676. 4 +vols. London, 1860–93.</p> + +<p>George Sauer. La Traite et l'Esclavage des Noirs. London, +1863.</p> + +<p>George S. Sawyer. Southern Institutes; or, An Inquiry into +the Origin and Early Prevalence of Slavery and the Slave-Trade. +Philadelphia, 1858.</p> + +<p>Selections from the Revised Statutes: Containing all the +Laws relating to Slaves, etc. New York, 1830.</p> + +<p>Johann J. Sell. Versuch einer Geschichte des Negersclavenhandels. +Halle, 1791.</p> + +<p>[Granville Sharp.] Extract of a Letter to a Gentleman in +Maryland; Wherein is demonstrated the extreme wickedness +of tolerating the Slave Trade. Fourth edition. London, 1806.</p> + +<p>A Short Account of that part of Africa Inhabited by the +Negroes, ... and the Manner by which the Slave Trade is +carried on. Third edition. London, 1768.</p> + +<p>A Short Sketch of the Evidence for the Abolition of the +Slave-Trade. Philadelphia, 1792.</p> + +<p>Joseph Sidney. An Oration commemorative of the Abolition +of the Slave Trade in the United States.... Jan. 2. +1809. New York, 1809.</p> + +<p>[A Slave Holder.] Remarks upon Slavery and the Slave-Trade, +addressed to the Hon. Henry Clay. 1839.</p> + +<p>The Slave Trade in New York. (In the <i>Continental Monthly</i>, +January, 1862, p. 86.)</p> + +<p>Joseph Smith. A Descriptive Catalogue of Friends' Books. +(Bibliography.) 2 vols. London, 1867.</p> +<p><span class="pagenum"><!-- Page 344 -->344</span><a name="Page_344" id="Page_344"></a></p> +<p>Capt. William Snelgrave. A New Account of some Parts of +Guinea, and the Slave-Trade. London, 1734.</p> + +<p>South Carolina. General Assembly (House), 1857. Report of +the Special Committee of the House of Representatives ... +on so much of the Message of His Excellency Gov. Jas. H. +Adams, as relates to Slavery and the Slave Trade. Columbia, +S.C., 1857.</p> + +<p>L.W. Spratt. A Protest from South Carolina against a Decision +of the Southern Congress: Slave Trade in the Southern +Congress. (In Littell's <i>Living Age</i>, Third Series, LXVIII. 801.)</p> + +<p>——. Speech upon the Foreign Slave Trade, before +the Legislature of South Carolina. Columbia, S.C., 1858.</p> + +<p>——. The Foreign Slave Trade the Source of Political +Power, etc. Charleston, 1858.</p> + +<p>William Stith. The History of the First Discovery and Settlement +of Virginia. Virginia and London, 1753.</p> + +<p>George M. Stroud. A Sketch of the Laws relating to Slavery +in the Several States of the United States of America. Philadelphia, +1827.</p> + +<p>James Swan. A Dissuasion to Great-Britain and the Colonies: +from the Slave-Trade to Africa. Shewing the Injustice +thereof, etc. Revised and Abridged. Boston, 1773.</p> + +<p>F.T. Texugo. A Letter on the Slave Trade still carried on +along the Eastern Coast of Africa, etc. London, 1839.</p> + +<p>R. Thorpe. A View of the Present Increase of the Slave +Trade, the Cause of that Increase, and a mode for effecting its +total Annihilation. London, 1818.</p> + +<p>Jesse Torrey. A Portraiture of Domestic Slavery ... and a +Project of Colonial Asylum for Free Persons of Colour. Philadelphia, +1817.</p> + +<p>Drs. Tucker and Belknap. Queries respecting the Slavery +and Emancipation of Negroes in Massachusetts, proposed by +the Hon. Judge Tucker of Virginia, and answered by the Rev. +Dr. Belknap. (In Collections of the Massachusetts Historical +Society, First Series, IV. 191.)</p> + +<p>David Turnbull. Travels in the West. Cuba; with Notices of +Porto Rico, and the Slave Trade. London, 1840.</p> + +<p>United States Congress. Annals of Congress, 1789–1824; +Congressional Debates, 1824–37; Congressional Globe, 1833–73; +Congressional Record, 1873-; Documents (House and +Senate); Executive Documents (House and Senate); <!-- Page 345 --><a name="Page_345" id="Page_345"></a><span class="pagenum">345</span>Journals +(House and Senate); Miscellaneous Documents (House and +Senate); Reports (House and Senate); Statutes at Large.</p> + +<p>United States Supreme Court. Reports of Decisions.</p> + +<p>Charles W. Upham. Speech in the House of Representatives, +Massachusetts, on the Compromises of the Constitution, +with an Appendix containing the Ordinance of 1787. +Salem, 1849.</p> + +<p>Virginia State Convention. Proceedings and Debates, +1829–30. Richmond, 1830.</p> + +<p>G. Wadleigh. Slavery in New Hampshire. (In <i>Granite +Monthly</i>, VI. 377.)</p> + +<p>Emory Washburn. Extinction of Slavery in Massachusetts. +(In Proceedings of the Massachusetts Historical Society, May, +1857. Boston, 1859.)</p> + +<p>William B. Weeden. Economic and Social History of New +England, 1620–1789. 2 vols. Boston, 1890.</p> + +<p>Henry Wheaton. Enquiry into the Validity of the British +Claim to a Right of Visitation and Search of American Vessels +suspected to be engaged in the African Slave-Trade. Philadelphia, +1842.</p> + +<p>William H. Whitmore. The Colonial Laws of Massachusetts. +Reprinted from the Edition of 1660, with the Supplements +to 1772. Containing also the Body of Liberties of 1641. +Boston, 1889.</p> + +<p>George W. Williams. History of the Negro Race in America +from 1619 to 1880. 2 vols. New York, 1883.</p> + +<p>Henry Wilson. History of the Antislavery Measures of the +Thirty-seventh and Thirty-eighth United-States Congresses, +1861–64. Boston, 1864.</p> + +<p>——. History of the Rise and Fall of the Slave Power +in America. 3 vols. Boston, 1872–7.</p> +</div> +<div class="footnotes"><h3>Footnotes</h3> + +<div class="footnote"><p><a name="Footnote_1_737" id="Footnote_1_737"></a><a href="#FNanchor_1_737"><span class="label">1</span></a> The Reports of the Secretary of the Navy are found among the documents +accompanying the annual messages of the President.</p></div> +</div> + + +<hr /> +<p><span class="pagenum"><!-- Page 346 -->346</span><a name="Page_346" id="Page_346"></a> +<!-- Page 347 --><span class="pagenum"><a name="Page_347" id="Page_347"></a></span></p> +<h2><a name="Index" id="Index"></a>Index</h2> + + +<ul> + +<li> </li> +<li><span class="smcap">Abolition</span> of slave-trade by Europe, <a href="#Page_145">145</a> n.</li> + +<li>Abolition Societies, organization of, <a href="#Page_42">42</a>, <a href="#Page_74">74</a>; +<ul> +<li>petitions of, <a href="#Page_79">79</a>, <a href="#Page_80">80–85</a>.</li> +</ul></li> + +<li>Adams, C.F., <a href="#Page_151">151</a>.</li> + +<li>Adams, J.Q., on Right of Search, <a href="#Page_139">139</a>; +<ul> +<li>proposes Treaty of 1824, <a href="#Page_140">140</a>;</li> +<li>message, <a href="#Page_271">271–72</a>.</li> +</ul></li> + +<li>Adams, Governor of S.C., message on slave-trade, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>, <a href="#Page_289">289–90</a>.</li> + +<li>Advertisements for smuggled slaves, <a href="#Page_182">182</a> n.</li> + +<li>Africa, English trade to, <a href="#Page_10">10</a>, <a href="#Page_12">12–13;</a> +<ul> +<li>Dutch trade to, <a href="#Page_24">24–25;</a></li> +<li>Colonial trade to, <a href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a href="#Page_36">36</a>, <a href="#Page_41">41–42</a>, <a href="#Page_47">47</a>, <a href="#Page_75">75</a>, <a href="#Page_76">76</a>;</li> +<li>"Association" and trade to, <a href="#Page_47">47</a>, <a href="#Page_52">52</a>;</li> +<li>American trade to, <a href="#Page_88">88</a>, <a href="#Page_112">112</a>, <a href="#Page_113">113</a>, <a href="#Page_116">116</a>, <a href="#Page_148">148</a>, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>, <a href="#Page_181">181–82</a>, <a href="#Page_185">185–87;</a></li> +<li>reopening of trade to, <a href="#Page_168">168–92</a>.</li> +</ul></li> + +<li>African Agency, establishment, <a href="#Page_124">124</a>, <a href="#Page_126">126</a>;</li> +<li>attempts to abolish, <a href="#Page_156">156</a>;</li> +<li>history, <a href="#Page_158">158</a>.</li> + +<li>"African Labor Supply Association," <a href="#Page_176">176</a>.</li> + +<li>African Society of London, <a href="#Page_113">113</a>.</li> + +<li>African squadron, establishment of, <a href="#Page_123">123</a>, <a href="#Page_124">124</a>; +<ul> +<li>activity of, <a href="#Page_128">128</a>, <a href="#Page_129">129</a>, <a href="#Page_146">146</a>, <a href="#Page_148">148</a>, <a href="#Page_157">157</a>, <a href="#Page_159">159</a>, <a href="#Page_184">184</a>, <a href="#Page_185">185</a>, <a href="#Page_186">186</a>, <a href="#Page_191">191</a>.</li> +</ul></li> +<li>Aix-la-Chapelle, Peace, <a href="#Page_11">11</a>; +<ul> +<li>Congress, <a href="#Page_137">137</a> n.</li> +</ul></li> + +<li>Alabama, in Commercial Convention, <a href="#Page_170">170</a>; +<ul> +<li>State statutes, <a href="#Page_112">112</a>, <a href="#Page_254">254</a>, <a href="#Page_263">263–64</a>, <a href="#Page_287">287–88.</a></li> +</ul></li> + +<li>Alston, speeches on Act of 1807, <a href="#Page_99">99</a> n., <a href="#Page_101">101</a> n., <a href="#Page_102">102</a> n.</li> + +<li>Amelia Island, illicit traffic at, <a href="#Page_116">116</a>, <a href="#Page_117">117</a>, <a href="#Page_121">121</a>, <a href="#Page_254">254</a>; +<ul> +<li>capture of, <a href="#Page_118">118</a>, <a href="#Page_257">257</a>.</li> +</ul></li> + +<li>Amendments to slave-trade clause in Constitution proposed, <a href="#Page_72">72</a>, <a href="#Page_94">94</a>, <a href="#Page_111">111</a> n., <a href="#Page_183">183</a>, <a href="#Page_248">248–51</a>, <a href="#Page_253">253</a>, <a href="#Page_258">258</a>, <a href="#Page_266">266</a>, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>.</li> + +<li>American Missionary Society, petition, <a href="#Page_182">182</a>.</li> + +<li>"L'Amistad," case of, <a href="#Page_143">143</a>, <a href="#Page_311">311</a>.</li> + +<li>Anderson, minister to Colombia, <a href="#Page_142">142</a> n.</li> + +<li>"Antelope" ("Ramirez"), case of, <a href="#Page_129">129</a> n., <a href="#Page_132">132</a>, <a href="#Page_284">284</a>.</li> + +<li>"Apprentices," African, importation of, <a href="#Page_172">172</a>, <a href="#Page_177">177</a>; +<ul> +<li>Louisiana bill on, <a href="#Page_177">177</a>;</li> +<li>Congressional bill on, <a href="#Page_183">183</a>.</li> +</ul></li> + +<li>Appropriations to suppress the slave-trade, chronological list of, <a href="#Page_125">125</a> n.; +<ul> +<li>from 1820 to 1850, <a href="#Page_157">157–58;</a></li> +<li>from 1850 to 1860, <a href="#Page_183">183</a>;</li> +<li>from 1860 to 1870, <a href="#Page_190">190</a>;</li> +<li>statutes, <a href="#Page_255">255</a>, <a href="#Page_265">265</a>, <a href="#Page_272">272–76</a>, <a href="#Page_277">277–78</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286–89</a>, <a href="#Page_291">291</a>, <a href="#Page_294">294</a>, <a href="#Page_297">297</a>, <a href="#Page_300">300</a>, <a href="#Page_301">301</a>, <a href="#Page_304">304</a>.</li> +</ul></li> + +<li>Argentine Confederation, <a href="#Page_144">144</a> n.</li> + +<li>Arkansas, <a href="#Page_170">170</a>.</li> + +<li>Arkwright, Richard, <a href="#Page_152">152</a>.</li> + +<li>Ashmun, Jehudi, <a href="#Page_158">158</a>.</li> + +<li>Assiento treaty, <a href="#Page_4">4</a>, <a href="#Page_206">206</a>, <a href="#Page_207">207</a>; +<ul> +<li>influence of, <a href="#Page_7">7</a>, <a href="#Page_22">22</a>, <a href="#Page_45">45</a>.</li> +</ul></li> + +<li>"Association," the, reasons leading to, <a href="#Page_47">47</a>, <a href="#Page_48">48</a>; +<ul> + +<li>establishment of, <a href="#Page_50">50</a>, <a href="#Page_51">51</a>;</li> +<li>results of, <a href="#Page_52">52–53</a>.</li> +</ul></li> + +<li>Atherton, J., speech of, <a href="#Page_72">72</a>.</li> + +<li>"Augusta," case of the slaver, <a href="#Page_315">315</a>.</li> + +<li>Aury, Capt., buccaneer, <a href="#Page_116">116</a>.</li> + +<li>Austria, at Congress of Vienna, <a href="#Page_155">155–56;</a> +<ul> + +<li>at Congress of Verona, <a href="#Page_139">139–40;</a></li> +<li>signs Quintuple Treaty, <a href="#Page_147">147</a>, <a href="#Page_281">281</a>.</li> +</ul></li> + +<li>Ayres, Eli, U.S. African agent, <a href="#Page_158">158</a>; +<ul> + +<li>report of, <a href="#Page_128">128</a>, <a href="#Page_129">129</a>.</li> +</ul></li> + + +<li> </li> +<li><span class="smcap">Babbit</span>, William, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Bacon, Samuel, African agent, <a href="#Page_126">126</a>, <a href="#Page_158">158</a>.</li> + +<li>Badger, Joseph, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Baldwin, Abraham, in Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>, <a href="#Page_63">63</a>, <a href="#Page_65">65</a>; +<ul> + +<li>in Congress, <a href="#Page_81">81</a>, <a href="#Page_108">108</a>.</li> +</ul></li> +<li>Baltimore, slave-trade at, <a href="#Page_131">131–32</a>, <a href="#Page_165">165</a>, <a href="#Page_166">166</a>.</li> + +<li>Banks, N.P., <a href="#Page_192">192</a>, <a href="#Page_305">305</a>.</li> + +<li>Barancas, Fort, <a href="#Page_120">120</a>.</li> + +<li>Barbadoes, <a href="#Page_12">12</a>.</li> + +<li>Bard (of Pa.), Congressman, <a href="#Page_90">90</a>.</li> + +<li>Barksdale, Wm. (of Miss.), <a href="#Page_175">175</a>.</li> + +<li>Barnwell, Robert (of S.C.), <a href="#Page_70">70</a>.</li> + +<li>Barry, Robert, slave-trader, <a href="#Page_165">165</a>.</li> + +<li>Bay Island slave-depot, <a href="#Page_166">166</a>.</li> + +<li>Bayard, J.A. (of Del.), Congressman, <a href="#Page_87">87</a>. +<!-- Page 348 --><a name="Page_348" id="Page_348"></a></li> +<li>Bedinger, G.M. (of Ky.), <a href="#Page_89">89</a> n.</li> + +<li>Belgium, <a href="#Page_150">150</a>.</li> + +<li>Belknap, J. (of Mass.), <a href="#Page_77">77</a>.</li> + +<li>Benezet, Anthony, <a href="#Page_29">29</a>.</li> + +<li>Benton, Thomas H., <a href="#Page_140">140</a>, <a href="#Page_156">156</a>, <a href="#Page_285">285</a>.</li> + +<li>Betton (of N.H.), Congressman, <a href="#Page_109">109</a> n.</li> + +<li>Biblical Codes of Law, <a href="#Page_26">26</a>, <a href="#Page_37">37</a>, <a href="#Page_44">44</a> n.</li> + +<li>Bidwell (of Mass.), Congressman, <a href="#Page_99">99</a> n., <a href="#Page_100">100</a> n., <a href="#Page_102">102</a> n., <a href="#Page_104">104</a> n., <a href="#Page_108">108–10</a>, <a href="#Page_111">111</a>, <a href="#Page_252">252</a>.</li> + +<li>Blanco and Caballo, slave-traders, <a href="#Page_165">165</a>.</li> + +<li>Bland, T. (of Va.), Congressman, <a href="#Page_81">81</a>.</li> + +<li>Bolivia, <a href="#Page_144">144</a> n.</li> + +<li>Border States, interstate slave-trade from, <a href="#Page_155">155</a>; +<ul> + +<li>legislation of, <a href="#Page_76">76</a>;</li> +<li>see also under individual States.</li> +</ul></li> + +<li>Boston, slave-trade at, <a href="#Page_37">37</a>, <a href="#Page_85">85</a>, <a href="#Page_166">166</a>, <a href="#Page_184">184</a>.</li> + +<li>Bozal Negroes, <a href="#Page_166">166</a>.</li> + +<li>Braddock's Expedition, <a href="#Page_21">21</a>.</li> + +<li>Bradley, S.R., Senator, <a href="#Page_98">98</a>, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>.</li> + +<li>Brazil, slave-trade to, <a href="#Page_25">25</a>, <a href="#Page_114">114</a>, <a href="#Page_144">144</a>, <a href="#Page_163">163</a>, <a href="#Page_164">164</a>, <a href="#Page_171">171</a>, <a href="#Page_179">179</a>, <a href="#Page_275">275</a>; +<ul> + +<li>slaves in, <a href="#Page_133">133</a>;</li> +<li>proposed conference with, <a href="#Page_150">150</a>;</li> +<li>squadron on coasts of, <a href="#Page_160">160</a>.</li> +</ul></li> +<li>Brazos Santiago, <a href="#Page_180">180</a>.</li> + +<li>Brown (of Miss.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Brown, John (of Va.), slave-trader, <a href="#Page_52">52</a>.</li> + +<li>Brown, John (of R.I.), <a href="#Page_85">85–87</a>.</li> + +<li>Buchanan, James A., refuses to co-operate with England, <a href="#Page_151">151</a>; +<ul> + +<li>issues "Ostend Manifesto," <a href="#Page_177">177;</a></li> +<li>as president, enforces slave-trade laws, <a href="#Page_186">186</a>;</li> +<li>messages, <a href="#Page_291">291</a>, <a href="#Page_294">294–95</a>, <a href="#Page_298">298</a>.</li> +</ul></li> +<li>Buchanan, Governor of Sierra Leone, <a href="#Page_164">164</a>.</li> + +<li>Bullock, Collector of Revenue, <a href="#Page_116">116</a>.</li> + +<li>Burgesses, Virginia House of, petitions vs. slave-trade, <a href="#Page_21">21</a>; +<ul> + +<li>declares vs. slave-trade, <a href="#Page_21">21</a>;</li> +<li>in "Association," <a href="#Page_48">48</a>.</li> +</ul></li> +<li>Burke, Aedanus (of S.C.), <a href="#Page_78">78–80</a>.</li> + +<li>Butler, Pierce (of S.C.), Senator, <a href="#Page_65">65</a>.</li> + + + +<li> </li> +<li><span class="smcap">Calhoun</span>, J.C., <a href="#Page_155">155</a> n.</li> + +<li>California, vessels bound to, <a href="#Page_162">162</a>.</li> + +<li>Campbell, John, Congressman, <a href="#Page_108">108</a>.</li> + +<li>Campbell, Commander, U.S.N., <a href="#Page_118">118</a> n.</li> + +<li>Canning, Stratford, British Minister, <a href="#Page_138">138</a>, <a href="#Page_140">140</a>.</li> + +<li>Canot, Capt., slave-trader, <a href="#Page_184">184</a>.</li> + +<li>Cape de Verde Islands, <a href="#Page_185">185</a>.</li> + +<li>Cartwright, Edmund, <a href="#Page_152">152</a>.</li> + +<li>Cass, Lewis, <a href="#Page_147">147–51</a>, <a href="#Page_281">281</a>.</li> + +<li>Castlereagh, British Cabinet Minister, <a href="#Page_135">135</a>, <a href="#Page_136">136</a>.</li> + +<li>Cato, insurrection of the slave, <a href="#Page_18">18</a>.</li> + +<li>"Centinel," newspaper correspondent, <a href="#Page_67">67</a>.</li> + +<li>Central America, <a href="#Page_177">177</a>.</li> + +<li>Chandalier Islands, <a href="#Page_119">119</a>.</li> + +<li>Chandler, John (of N.H.), <a href="#Page_104">104</a> n.</li> + +<li>Charles II., of England, <a href="#Page_10">10</a>.</li> + +<li>Charleston, S.C., attitude toward "Association," <a href="#Page_49">49</a>; +<ul> + +<li>slave-trade at, <a href="#Page_89">89</a>, <a href="#Page_92">92</a>, <a href="#Page_93">93</a>, <a href="#Page_96">96</a>, <a href="#Page_113">113</a>, <a href="#Page_165">165</a>.</li> +</ul></li> +<li>Chew, Beverly, Collector of Revenue, <a href="#Page_116">116</a>, <a href="#Page_118">118</a>.</li> + +<li>Chili, <a href="#Page_150">150</a>.</li> + +<li>Chittenden, Martin (of Vt.), <a href="#Page_109">109</a> n.</li> + +<li>Claiborne, Wm., Governor of La., <a href="#Page_92">92</a>.</li> + +<li>Clarkson, William, <a href="#Page_53">53</a>, <a href="#Page_134">134</a>.</li> + +<li>Clay, J.B. (of Ky.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Clay, Congressman, <a href="#Page_102">102</a> n.</li> + +<li>Clearance of slavers, <a href="#Page_157">157</a>, <a href="#Page_162">162</a>, <a href="#Page_164">164</a>, <a href="#Page_184">184</a>, <a href="#Page_280">280</a>, <a href="#Page_287">287</a>, <a href="#Page_288">288</a>.</li> + +<li>Clymer, George (of Pa.), <a href="#Page_63">63</a>, <a href="#Page_77">77</a>.</li> + +<li>Coastwise slave-trade, <a href="#Page_98">98</a>, <a href="#Page_106">106–09</a>, <a href="#Page_156">156</a>, <a href="#Page_161">161</a>, <a href="#Page_183">183</a>, <a href="#Page_191">191</a>, <a href="#Page_302">302</a>.</li> + +<li>Cobb, Howell, Sec. of the Treasury, <a href="#Page_177">177</a>.</li> + +<li>Coles (of Va.), Congressman, <a href="#Page_81">81</a>.</li> + +<li>Colombia, U.S. of, <a href="#Page_142">142</a>, <a href="#Page_270">270</a>.</li> + +<li>Colonies, legislation of, see under individual Colonies, and <a href="#APPENDIX_A">Appendix A</a>; +<ul> + +<li>slave-trade in, <a href="#Page_11">11</a>, <a href="#Page_13">13</a>, <a href="#Page_22">22</a>, <a href="#Page_25">25</a>, <a href="#Page_34">34–36</a>, <a href="#Page_46">46–47</a>, <a href="#Page_53">53–56;</a></li> +<li>status of slavery in, <a href="#Page_13">13–14</a>, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>, <a href="#Page_33">33–34</a>, <a href="#Page_44">44</a>, <a href="#Page_199">199</a>, <a href="#Page_200">200</a>.</li> +</ul></li> +<li>Colonization Society, <a href="#Page_126">126</a>, <a href="#Page_156">156</a> n., <a href="#Page_158">158</a>, <a href="#Page_196">196</a>.</li> + +<li>"Comet," case of the slaver, <a href="#Page_143">143</a>, <a href="#Page_309">309</a>.</li> + +<li>Commercial conventions, Southern, <a href="#Page_169">169–73</a>.</li> + +<li>Company of Merchants Trading to Africa, <a href="#Page_11">11</a>.</li> + +<li>Compromises in Constitution, <a href="#Page_62">62–66</a>, <a href="#Page_196">196–98.</a></li> + +<li>Compton, Samuel, <a href="#Page_152">152</a>.</li> + +<li>Confederate States of America, <a href="#Page_187">187–90</a>, <a href="#Page_299">299</a>, <a href="#Page_300">300</a>.</li> + +<li>Confederation, the, <a href="#Page_56">56–57</a>, <a href="#Page_228">228</a>.</li> + +<li>Congress of the United States, <a href="#Page_77">77–111</a>, <a href="#Page_112">112</a>, <a href="#Page_121">121–26</a>, <a href="#Page_128">128</a>, <a href="#Page_131">131</a>, <a href="#Page_156">156–58</a>, <a href="#Page_174">174</a>, <a href="#Page_190">190–92</a>, +<a href="#Page_239">239</a>, <a href="#Page_247">247–66</a>, <a href="#Page_268">268</a>, <a href="#Page_271">271–75</a>, <a href="#Page_278">278–81</a>, <a href="#Page_284">284–94</a>, <a href="#Page_295">295–97</a>, <a href="#Page_298">298–99</a>, <a href="#Page_301">301–02</a>, <a href="#Page_304">304–05</a>.</li> + +<li>Congress of Verona, <a href="#Page_139">139</a>.<!-- Page 349 --><a name="Page_349" id="Page_349"></a></li> + +<li>Congress of Vienna, <a href="#Page_135">135</a>, <a href="#Page_137">137</a>.</li> + +<li>Connecticut, restrictions in, <a href="#Page_43">43–44</a>, <a href="#Page_57">57</a>; +<ul> +<li>elections in, <a href="#Page_178">178</a>;</li> +<li>Colonial and State legislation, <a href="#Page_199">199</a>, <a href="#Page_200">200</a>, <a href="#Page_223">223</a>, <a href="#Page_225">225</a>, <a href="#Page_236">236</a>, <a href="#Page_240">240</a>.</li> +</ul></li> + +<li>"Constitution," slaver, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>, <a href="#Page_307">307</a>.</li> + +<li>Constitution of the United States, <a href="#Page_58">58–73</a>, <a href="#Page_78">78</a>, <a href="#Page_79">79–83</a>, <a href="#Page_94">94</a>, <a href="#Page_102">102–03</a>, <a href="#Page_107">107</a>, <a href="#Page_111">111</a> n., <a href="#Page_139">139</a>, <a href="#Page_183">183</a>, <a href="#Page_196">196</a>, <a href="#Page_248">248–51</a>, <a href="#Page_253">253</a>, <a href="#Page_258">258</a>, <a href="#Page_266">266</a>, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>. +<ul> +<li>See also Amendments and Compromises.</li> +</ul></li> + +<li>Continental Congress, <a href="#Page_49">49–52</a>.</li> + +<li>Cook, Congressman, <a href="#Page_100">100</a> n., <a href="#Page_103">103</a> n., <a href="#Page_108">108</a>.</li> + +<li>Cosby, Governor of N.Y., <a href="#Page_27">27</a>.</li> + +<li>Cotton, manufacture of, <a href="#Page_152">152</a>, <a href="#Page_153">153</a>; +<ul> +<li>price of, <a href="#Page_153">153–54;</a></li> +<li>crop of, <a href="#Page_154">154</a>.</li> +</ul></li> + +<li>Cotton-gin, <a href="#Page_153">153</a>.</li> + +<li>Coxe, Tench, <a href="#Page_68">68</a>.</li> + +<li>Cranston, Governor of R.I., <a href="#Page_41">41</a>.</li> + +<li>Crawford, W.H., Secretary, <a href="#Page_119">119</a>, <a href="#Page_175">175</a>.</li> + +<li>"Creole," case of the slaver, <a href="#Page_143">143</a>, <a href="#Page_283">283–84</a>, <a href="#Page_312">312</a>.</li> + +<li>Crimean war, <a href="#Page_154">154</a>.</li> + +<li>Cruising Conventions, <a href="#Page_138">138</a>, <a href="#Page_139">139</a>, <a href="#Page_146">146</a>, <a href="#Page_148">148–49</a>, <a href="#Page_285">285</a>, <a href="#Page_289">289</a>, <a href="#Page_292">292</a>, <a href="#Page_297">297–98</a>.</li> + +<li>Cuba, cruising off, <a href="#Page_151">151</a>, <a href="#Page_297">297</a>; +<ul> + +<li>movement to acquire, <a href="#Page_155">155</a>, <a href="#Page_177">177</a>, <a href="#Page_186">186</a>;</li> +<li>illicit traffic to and from, <a href="#Page_161">161</a>, <a href="#Page_162">162</a>, <a href="#Page_164">164</a>, <a href="#Page_166">166</a>, <a href="#Page_171">171</a>.</li> +</ul></li> + +<li>Cumberland, Lieut., R.N., <a href="#Page_149">149</a>.</li> + +<li>"Cyane," U.S.S., <a href="#Page_129">129</a>.</li> + + + +<li> </li> +<li><span class="smcap">Dana</span> (of Conn.), Congressman, <a href="#Page_86">86</a>.</li> + +<li>Danish slave-trade, <a href="#Page_47">47</a>.</li> + +<li>Darien, Ga., <a href="#Page_51">51</a>, <a href="#Page_117">117</a>.</li> + +<li>Davis, Jefferson, <a href="#Page_175">175</a>.</li> + +<li>De Bow, J.D.B., <a href="#Page_172">172</a>, <a href="#Page_176">176</a>.</li> + +<li>Declaration of Independence, <a href="#Page_53">53–54</a>.</li> + +<li>Delaware, restrictions in, <a href="#Page_31">31</a>, <a href="#Page_56">56</a>, <a href="#Page_76">76</a>; +<ul> +<li>attitude toward slave-trade, <a href="#Page_64">64</a>, <a href="#Page_72">72</a> n., <a href="#Page_74">74</a>;</li> +<li>Colonial and State statutes, <a href="#Page_225">225</a>, <a href="#Page_226">226</a>, <a href="#Page_232">232</a>, <a href="#Page_238">238–39</a>, <a href="#Page_244">244</a>.</li> +</ul></li> + +<li>Denmark, abolition of slave-trade, <a href="#Page_133">133</a>, <a href="#Page_247">247</a>.</li> + +<li>Dent (of Md.), Congressman, <a href="#Page_87">87</a>.</li> + +<li>Dickinson, John, in the Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>, <a href="#Page_63">63</a>.</li> + +<li>Dickson (of N.C.), Congressman, <a href="#Page_87">87</a>.</li> + +<li>Disallowance of Colonial acts, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>, <a href="#Page_18">18–19</a>, <a href="#Page_21">21</a>, <a href="#Page_27">27</a>, <a href="#Page_29">29</a>, <a href="#Page_32">32</a>, <a href="#Page_42">42</a>.</li> + +<li>Dobbs, Governor of N.C., <a href="#Page_12">12</a>.</li> + +<li>Dolben, Sir William, M.P., <a href="#Page_134">134</a>.</li> + +<li>Douglas, Stephen A., <a href="#Page_181">181</a>.</li> + +<li>Dowdell (of Ala.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Drake, Capt., slave-smuggler, <a href="#Page_114">114</a>, <a href="#Page_166">166</a>.</li> + +<li>Driscoll, Capt., slave-trader, <a href="#Page_184">184</a>.</li> + +<li>Duke of York's Laws, <a href="#Page_26">26</a>, <a href="#Page_200">200</a>.</li> + +<li>Dunmore, Lord, <a href="#Page_226">226</a>.</li> + +<li>Dutch. See Holland.</li> + +<li>Dutch West India Company, <a href="#Page_25">25</a>.</li> + +<li>Duty, on African goods, <a href="#Page_10">10</a>; +<ul> +<li>on slaves imported, <a href="#Page_10">10</a>, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>, <a href="#Page_16">16–22</a>, <a href="#Page_26">26–32</a>, <a href="#Page_38">38</a>, <a href="#Page_40">40–42</a>, <a href="#Page_59">59</a>, <a href="#Page_62">62–66</a>, <a href="#Page_67">67</a>, <a href="#Page_68">68</a>, <a href="#Page_77">77–84</a>, <a href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a href="#Page_95">95</a>, <a href="#Page_96">96</a>, <a href="#Page_196">196</a>, <a href="#Page_199">199–206</a>, <a href="#Page_208">208–27</a>, <a href="#Page_229">229</a>, <a href="#Page_232">232</a>, <a href="#Page_239">239</a>, <a href="#Page_247">247</a>, <a href="#Page_250">250</a>.</li> +</ul></li> + +<li>Dwight, Theodore, of Conn., <a href="#Page_105">105</a> n.</li> + + + +<li> </li> +<li><span class="smcap">Early</span>, Peter (of Ga.), <a href="#Page_99">99</a> n., <a href="#Page_100">100</a>, <a href="#Page_102">102</a>, <a href="#Page_104">104–08</a>, <a href="#Page_111">111</a>.</li> + +<li>East Indies, <a href="#Page_50">50</a>.</li> + +<li>Economic revolution, <a href="#Page_152">152–54</a>.</li> + +<li>Edwards (of N.C.), Congressman, <a href="#Page_122">122</a> n.</li> + +<li>Ellsworth, Oliver (of Conn.), in Federal Convention, <a href="#Page_58">58</a>, <a href="#Page_59">59</a>, <a href="#Page_61">61</a>.</li> + +<li>Elmer, Congressman, <a href="#Page_106">106</a> n.</li> + +<li>Ely, Congressman, <a href="#Page_103">103</a> n., <a href="#Page_105">105</a> n.</li> + +<li>Emancipation of slaves, <a href="#Page_31">31</a>, <a href="#Page_39">39</a>, <a href="#Page_42">42</a>, <a href="#Page_44">44</a>, <a href="#Page_68">68</a>, <a href="#Page_70">70</a>, <a href="#Page_76">76</a>, <a href="#Page_79">79–84</a>, <a href="#Page_192">192</a>, <a href="#Page_196">196</a>, <a href="#Page_226">226–29</a>.</li> + +<li>"Encomium," case of, <a href="#Page_143">143</a>, <a href="#Page_309">309</a>.</li> + +<li>England, slave-trade policy, <a href="#Page_9">9–14</a>, <a href="#Page_25">25</a>, <a href="#Page_30">30</a>, <a href="#Page_42">42</a>, <a href="#Page_46">46–50</a>, <a href="#Page_53">53</a>, <a href="#Page_54">54</a>, <a href="#Page_97">97</a>, <a href="#Page_134">134–51</a>, <a href="#Page_153">153</a>, <a href="#Page_191">191</a>, <a href="#Page_206">206</a>, <a href="#Page_207">207</a>, <a href="#Page_208">208</a>, <a href="#Page_252">252</a>, <a href="#Page_254">254</a>, <a href="#Page_256">256</a>, <a href="#Page_259">259</a>, <a href="#Page_265">265–69</a>, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a href="#Page_281">281</a>, <a href="#Page_285">285</a>, <a href="#Page_297">297</a>, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>, <a href="#Page_303">303</a>, <a href="#Page_305">305</a>. +<ul> + +<li>See Disallowance.</li> +</ul></li> + +<li>English Colonies. See Colonies.</li> + +<li>"Enterprise," case of, <a href="#Page_143">143</a>, <a href="#Page_309">309</a>.</li> + +<li>Escambia River, <a href="#Page_114">114</a>.</li> + + + +<li> </li> +<li><span class="smcap">Fairfax</span> County, Virginia, <a href="#Page_49">49</a>.</li> + +<li>Faneuil Hall, meeting in, <a href="#Page_48">48</a>.</li> + +<li>Federalist, the, on slave-trade, <a href="#Page_69">69</a>.</li> + +<li>Fernandina, port of, <a href="#Page_116">116</a>.</li> + +<li>Filibustering expeditions, <a href="#Page_177">177</a>.<!-- Page 350 --><a name="Page_350" id="Page_350"></a></li> +<li>Findley, Congressman, <a href="#Page_103">103</a> n.</li> + +<li>Fisk, Congressman, <a href="#Page_100">100</a> n.</li> + +<li>Florida, <a href="#Page_52">52</a>, <a href="#Page_102">102</a>, <a href="#Page_114">114</a>, <a href="#Page_116">116</a>, <a href="#Page_120">120</a>, <a href="#Page_166">166</a>, <a href="#Page_170">170</a>, <a href="#Page_180">180</a>, <a href="#Page_181">181</a>. +<ul> + +<li>See St. Mary's River and Amelia Island.</li> +</ul></li> + +<li>Foote, H.S. (of Miss.), <a href="#Page_172">172</a>.</li> + +<li>Forsyth, John, Secretary of State, <a href="#Page_144">144</a>, <a href="#Page_146">146</a>, <a href="#Page_156">156</a> n., <a href="#Page_176">176</a>.</li> + +<li>Foster (of N.H.), Congressman, <a href="#Page_81">81</a>.</li> + +<li>Fowler, W.C., <a href="#Page_112">112–13</a>.</li> + +<li>Fox, C.J., English Cabinet Minister, <a href="#Page_135">135</a> n.</li> + +<li>France, Revolution in, <a href="#Page_133">133</a>; +<ul> +<li>Colonial slave-trade of, <a href="#Page_46">46</a>, <a href="#Page_92">92</a>, <a href="#Page_133">133</a>, <a href="#Page_254">254</a>;</li> +<li>Convention of, <a href="#Page_86">86</a>, <a href="#Page_133">133</a>;</li> +<li>at Congress of Vienna, <a href="#Page_135">135</a>;</li> +<li>at Congress of Verona, <a href="#Page_139">139</a>;</li> +<li>treaties with England, <a href="#Page_143">143</a>, <a href="#Page_150">150</a>, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>;</li> +<li>flag of, in slave-trade, <a href="#Page_144">144</a>;</li> +<li>refuses to sign Quintuple Treaty, <a href="#Page_147">147</a>;</li> +<li>invited to conference, <a href="#Page_150">150</a>.</li> +</ul></li> + +<li>Franklin, Benjamin, <a href="#Page_80">80</a>.</li> + +<li>Friends, protest of, vs. slave-trade, <a href="#Page_28">28–29;</a> +<ul> + +<li>attitude towards slave-trade, <a href="#Page_30">30–31</a>, <a href="#Page_33">33</a>, <a href="#Page_43">43</a>, <a href="#Page_68">68–69</a>, <a href="#Page_77">77</a>, <a href="#Page_204">204</a>;</li> +<li>petitions of, vs. slave-trade, <a href="#Page_56">56</a>, <a href="#Page_57">57</a>, <a href="#Page_77">77</a>, <a href="#Page_84">84</a>;</li> +<li>reports of, on slave-trade, <a href="#Page_167">167</a>.</li> +</ul></li> + + +<li> </li> +<li><span class="smcap">Gaillard</span>, Congressman, <a href="#Page_108">108</a>.</li> + +<li>Gallatin, Albert, <a href="#Page_91">91–92</a>.</li> + +<li>Gallinas, port of, Africa, <a href="#Page_128">128</a>.</li> + +<li>Galveston, Tex., <a href="#Page_115">115</a>.</li> + +<li>Garnett (of Va.), Congressman, <a href="#Page_109">109</a> n.</li> + +<li>"General Ramirez." See "Antelope."</li> + +<li>Georgia, slavery in, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>; +<ul> +<li>restrictions in, <a href="#Page_15">15</a>, <a href="#Page_16">16</a>, <a href="#Page_75">75</a>, <a href="#Page_176">176–77;</a></li> +<li>opposition to "Association," <a href="#Page_51">51</a>, <a href="#Page_52">52</a>;</li> +<li>demands slave-trade, <a href="#Page_16">16</a>, <a href="#Page_55">55</a>, <a href="#Page_60">60–67;</a></li> +<li>attitude toward restrictions, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>, <a href="#Page_84">84</a>, <a href="#Page_132">132</a>;</li> +<li>smuggling to, <a href="#Page_89">89</a>, <a href="#Page_95">95</a>, <a href="#Page_102">102</a>, <a href="#Page_114">114</a>, <a href="#Page_116">116</a>, <a href="#Page_117">117</a>, <a href="#Page_180">180</a>, <a href="#Page_181">181</a>;</li> +<li>Colonial and State statutes, <a href="#Page_112">112</a>, <a href="#Page_215">215</a>, <a href="#Page_241">241</a>, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>, <a href="#Page_257">257</a>, <a href="#Page_259">259</a>, <a href="#Page_276">276–77</a>.</li> +</ul></li> + +<li>Germanic Federation, <a href="#Page_150">150</a>.</li> + +<li>Gerry, Elbridge, in the Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>; +<ul> +<li>in Congress, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>.</li> +</ul></li> + +<li>Ghent, Treaty of, <a href="#Page_136">136</a>, <a href="#Page_254">254</a>.</li> + +<li>Giddings, J.R., <a href="#Page_183">183</a> n., <a href="#Page_284">284</a>, <a href="#Page_287">287</a>.</li> + +<li>Giles, W.B. (of Va.), Congressman, <a href="#Page_108">108</a>.</li> + +<li>Gordon, Capt., slave-trader, <a href="#Page_190">190</a> n.</li> + +<li>Good Hope, Cape of, <a href="#Page_151">151</a>, <a href="#Page_160">160</a>, <a href="#Page_191">191</a>.</li> + +<li>Gorham, N. (of Mass.), in Federal Convention, <a href="#Page_58">58</a>, <a href="#Page_65">65</a>.</li> + +<li>Goulden, W.B., <a href="#Page_169">169</a>.</li> + +<li>Graham, Secretary of the Navy, <a href="#Page_185">185</a>.</li> + +<li>Great Britain. See England.</li> + +<li>Gregory XVI., Pope, <a href="#Page_145">145</a>.</li> + +<li>Grenville-Fox ministry, <a href="#Page_134">134</a>.</li> + +<li>Guadaloupe, <a href="#Page_88">88</a>.</li> + +<li>Guinea. See Africa.</li> + +<li>Guizot, F., French Foreign Minister, <a href="#Page_147">147</a>.</li> + + + +<li> </li> +<li><span class="smcap">Habersham</span>, R.W., <a href="#Page_130">130</a> n.</li> + +<li>Hamilton, Alexander, <a href="#Page_58">58</a>.</li> + +<li>Hanse Towns, <a href="#Page_142">142</a>.</li> + +<li>Harmony and Co., slave-traders, <a href="#Page_165">165</a>.</li> + +<li>Harper (of S.C.), Congressman, <a href="#Page_92">92</a>.</li> + +<li>Hartley, David, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>.</li> + +<li>Hastings, Congressman, <a href="#Page_105">105</a> n.</li> + +<li>Havana, Cuba, <a href="#Page_119">119</a>, <a href="#Page_120">120</a>, <a href="#Page_145">145</a>, <a href="#Page_162">162</a>, <a href="#Page_165">165</a>.</li> + +<li>Hawkins, Sir John, <a href="#Page_9">9</a>.</li> + +<li>Hayti, <a href="#Page_144">144</a> n.; +<ul> +<li>influence of the revolution, <a href="#Page_74">74–77</a>, <a href="#Page_84">84–88</a>, <a href="#Page_96">96–97</a>.</li> +<li>See San Domingo.</li> +</ul></li> + +<li>Heath, General, of Mass., <a href="#Page_71">71</a>.</li> + +<li>Henderick, Garrett, <a href="#Page_28">28</a>.</li> + +<li>Hill (of N.C.), Congressman, <a href="#Page_85">85</a>.</li> + +<li>Holland, participation of, in slave-trade, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>, <a href="#Page_47">47</a>; +<ul> +<li>slaves in Colonies, <a href="#Page_133">133</a>;</li> +<li>abolishes slave-trade, <a href="#Page_136">136</a>;</li> +<li>treaty with England, <a href="#Page_137">137</a>, <a href="#Page_259">259</a>;</li> +<li>West India Company, <a href="#Page_25">25</a>.</li> +</ul></li> + +<li>Holland, Congressman, <a href="#Page_99">99</a> n., <a href="#Page_103">103</a>, <a href="#Page_106">106</a> n.</li> + +<li>Hopkins, John, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Hopkins, Samuel, <a href="#Page_41">41</a>.</li> + +<li>Horn, Cape, <a href="#Page_160">160</a>, <a href="#Page_162">162</a>.</li> + +<li>Huger (of S.C.), Congressman, <a href="#Page_87">87</a>, <a href="#Page_91">91</a> n.</li> + +<li>Hunter, Andrew, <a href="#Page_169">169</a> n.</li> + +<li>Hunter, Governor of N.J., <a href="#Page_32">32</a>.</li> + +<li>Hutchinson, Wm., Governor of Mass., <a href="#Page_38">38</a>.</li> + + + +<li> </li> +<li><span class="smcap">Import</span> duties on slaves. See Duty.</li> + +<li>Indians, <a href="#Page_29">29</a>.</li> + +<li>Instructions to Governors, <a href="#Page_12">12</a>, <a href="#Page_18">18–19</a>, <a href="#Page_27">27</a>, <a href="#Page_30">30</a>, <a href="#Page_33">33</a>, <a href="#Page_36">36</a>; +<ul> + +<li>to naval officers, <a href="#Page_119">119</a>, <a href="#Page_161">161</a>, <a href="#Page_185">185</a>.</li> +<li>See Disallowance.</li> +</ul></li> + +<li>Insurrections. See Slaves.<!-- Page 351 --><a name="Page_351" id="Page_351"></a></li> + +<li>Iredell, James (of N.C.), <a href="#Page_67">67</a>, <a href="#Page_71">71</a>.</li> + +<li>Ireland, <a href="#Page_48">48</a>.</li> + + + +<li> </li> +<li><span class="smcap">Jackson</span>, Andrew, pardons slave-traders, <a href="#Page_131">131</a> n.</li> + +<li>Jackson, J. (of Ga.), <a href="#Page_78">78</a>, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>.</li> + +<li>Jacksonville, Fla., <a href="#Page_181">181</a>.</li> + +<li>Jamaica, <a href="#Page_12">12</a>.</li> + +<li>Jay, William, <a href="#Page_134">134–35</a>.</li> + +<li>Jefferson, Thomas, drafts Declaration of Independence, <a href="#Page_53">53</a>, <a href="#Page_54">54</a>; +<ul> +<li>as President, messages on slave-trade, <a href="#Page_92">92</a>, <a href="#Page_97">97–98</a>, <a href="#Page_251">251</a>;</li> +<li>signs Act of 1807, <a href="#Page_110">110</a>;</li> +<li>pardons slave-traders, <a href="#Page_131">131</a> n.</li> +</ul></li> + +<li>Jefferson, Capt, slave-trader, <a href="#Page_184">184</a>.</li> + +<li>Johnson (of Conn.), <a href="#Page_50">50</a>, <a href="#Page_63">63</a>.</li> + +<li>Johnson (of La.), <a href="#Page_141">141</a>.</li> + +<li>Joint-cruising. See Cruising Conventions.</li> + + + +<li> </li> +<li><span class="smcap">Kane</span>, Commissioner, <a href="#Page_162">162</a>.</li> + +<li>Keitt, L.M. (of S.C.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Kelly, Congressman, <a href="#Page_108">108</a>.</li> + +<li>Kenan, Congressman, <a href="#Page_108">108</a>.</li> + +<li>Kendall, Amos, <a href="#Page_126">126</a> n.</li> + +<li>Kennedy, Secretary of the Navy, <a href="#Page_185">185</a>.</li> + +<li>Kentucky, <a href="#Page_108">108</a> n., <a href="#Page_170">170</a> n., <a href="#Page_172">172</a> n.</li> + +<li>Key West, <a href="#Page_185">185</a>.</li> + +<li>Kilgore, resolutions in Congress, <a href="#Page_175">175</a>, <a href="#Page_293">293</a>.</li> + +<li>King, Rufus, in Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>, <a href="#Page_65">65</a>.</li> + +<li>Knoxville, Tenn., <a href="#Page_170">170</a>.</li> + + + +<li> </li> +<li><span class="smcap">La Coste</span>, Capt., slave-trader, <a href="#Page_131">131</a>.</li> + +<li>Lafitte, E., and Co., <a href="#Page_177">177</a>.</li> + +<li>Langdon, John, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>, <a href="#Page_63">63</a>, <a href="#Page_65">65</a>.</li> + +<li>Lawrence (of N.Y.), <a href="#Page_80">80</a>, <a href="#Page_81">81</a>.</li> + +<li>Laws. See Statutes.</li> + +<li>Lee, Arthur, <a href="#Page_48">48</a> n.</li> + +<li>Lee, R.H., <a href="#Page_48">48</a> n., <a href="#Page_49">49</a>.</li> + +<li>Legislation. See Statutes.</li> + +<li>Le Roy, L., slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Liberia, <a href="#Page_124">124</a>, <a href="#Page_158">158</a>. +<ul> +<li>See African Agency.</li> +</ul></li> + +<li>Lincoln, Abraham, <a href="#Page_111">111</a>, <a href="#Page_126">126</a>, <a href="#Page_151">151</a>, <a href="#Page_190">190</a>, <a href="#Page_300">300–01</a>.</li> + +<li>Liverpool, Eng., <a href="#Page_53">53</a>, <a href="#Page_145">145</a>.</li> + +<li>Livingstone (of N.Y.), in Federal Convention, <a href="#Page_63">63</a>.</li> + +<li>Lloyd, Congressman, <a href="#Page_102">102</a> n., <a href="#Page_106">106</a> n.</li> + +<li>London, Eng., <a href="#Page_135">135</a>, <a href="#Page_137">137</a>, <a href="#Page_137">137</a> n., <a href="#Page_147">147</a>, <a href="#Page_150">150</a>, <a href="#Page_154">154</a> n.</li> + +<li>"Louisa," slaver, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>.</li> + +<li>Louisiana, sale of, <a href="#Page_74">74</a>, <a href="#Page_97">97</a>; +<ul> +<li>slave-trade to, <a href="#Page_75">75</a>, <a href="#Page_91">91–94;</a></li> +<li>influence on S.C. repeal of 1803, <a href="#Page_89">89</a>;</li> +<li>status of slave-trade to, <a href="#Page_91">91–94</a>, <a href="#Page_171">171</a>;</li> +<li>State statutes, <a href="#Page_177">177</a>, <a href="#Page_291">291</a>.</li> +</ul></li> + +<li>Low, I. (of N.Y.), <a href="#Page_50">50</a>.</li> + +<li>Lowndes, R. (of S.C.), <a href="#Page_72">72</a>, <a href="#Page_89">89</a> n., <a href="#Page_90">90</a>.</li> + + + +<li> </li> +<li><span class="smcap">McCarthy</span>, Governor of Sierra Leone, <a href="#Page_115">115</a>.</li> + +<li>McGregor Raid, the, <a href="#Page_116">116</a>.</li> + +<li>McIntosh, Collector of Revenue, <a href="#Page_117">117</a> n.</li> + +<li>McKeever, Lieut., U.S.N., <a href="#Page_120">120</a>, <a href="#Page_121">121</a>.</li> + +<li>Macon, N., <a href="#Page_100">100</a>, <a href="#Page_102">102</a> n., <a href="#Page_109">109</a>.</li> + +<li>Madeira, <a href="#Page_185">185</a>.</li> + +<li>Madison, James, in the Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>; +<ul> +<li>in Congress, <a href="#Page_78">78–81;</a></li> +<li>as President, <a href="#Page_113">113</a>, <a href="#Page_115">115</a>, <a href="#Page_137">137</a> n., <a href="#Page_254">254</a>, <a href="#Page_255">255–56</a>.</li> +</ul></li> + +<li>Madrid, Treaty of, <a href="#Page_257">257</a>.</li> + +<li>Maine, <a href="#Page_166">166</a>.</li> + +<li>Manchester, Eng., <a href="#Page_47">47</a>.</li> + +<li>Mansfield, Capt., slave-trader, <a href="#Page_184">184</a>.</li> + +<li>"Marino," slaver, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>.</li> + +<li>Martin, Luther (of Md.), in the Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_61">61</a>, <a href="#Page_63">63</a>, <a href="#Page_65">65</a>.</li> + +<li>Maryland, slavery in, <a href="#Page_14">14</a>; +<ul> +<li>restrictions in, <a href="#Page_22">22</a>, <a href="#Page_23">23</a>, <a href="#Page_57">57</a>, <a href="#Page_76">76</a>;</li> +<li>attitude toward slave-trade, <a href="#Page_65">65</a>, <a href="#Page_74">74</a>, <a href="#Page_83">83</a>, <a href="#Page_94">94</a>;</li> +<li>Colonial and State statutes, <a href="#Page_201">201</a>, <a href="#Page_202">202</a>, <a href="#Page_209">209</a>, <a href="#Page_210">210</a>, <a href="#Page_219">219–20</a>, <a href="#Page_221">221</a>, <a href="#Page_223">223</a>, <a href="#Page_226">226</a>, <a href="#Page_229">229</a>, <a href="#Page_243">243</a>, <a href="#Page_251">251</a>.</li> +</ul></li> + +<li>Mason, George, <a href="#Page_59">59</a>, <a href="#Page_61">61</a>, <a href="#Page_65">65–67</a>, <a href="#Page_71">71</a>.</li> + +<li>Mason, J.M., <a href="#Page_177">177</a>.</li> + +<li>Massachusetts, in slave-trade, <a href="#Page_34">34–36;</a> +<ul> +<li>restrictions in, <a href="#Page_37">37–39</a>, <a href="#Page_77">77</a>;</li> +<li>attitude toward slave-trade, <a href="#Page_71">71</a>, <a href="#Page_77">77</a>, <a href="#Page_83">83</a>, <a href="#Page_94">94</a>;</li> +<li>Colonial and State legislation, <a href="#Page_199">199</a>, <a href="#Page_201">201</a>, <a href="#Page_203">203</a>, <a href="#Page_214">214</a>, <a href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a href="#Page_228">228</a>, <a href="#Page_234">234</a>, <a href="#Page_248">248</a>, <a href="#Page_249">249</a>, <a href="#Page_261">261</a>.</li> +</ul></li> + +<li>Masters, Congressman, <a href="#Page_99">99</a> n.</li> + +<li>Mathew, Capt., slave-trader, <a href="#Page_184">184</a>.</li> + +<li>Mathew, Governor of the Bahama Islands, <a href="#Page_167">167</a>.</li> + +<li>Matthews (of S.C.), <a href="#Page_56">56</a>. +<!-- Page 352 --><a name="Page_352" id="Page_352"></a></li> +<li>Meigs, Congressman, <a href="#Page_132">132</a> n., <a href="#Page_262">262</a>.</li> + +<li>Memphis, Tenn., <a href="#Page_181">181</a>.</li> + +<li>Mercer, John (of Va.), <a href="#Page_139">139</a> n., <a href="#Page_142">142</a>, <a href="#Page_156">156</a> n.</li> + +<li>Messages, Presidential, <a href="#Page_97">97–98</a>, <a href="#Page_113">113</a>, <a href="#Page_115">115</a>, <a href="#Page_141">141</a>, <a href="#Page_148">148</a>, <a href="#Page_157">157</a>, <a href="#Page_163">163</a>, <a href="#Page_251">251</a>, <a href="#Page_254">254</a>, <a href="#Page_255">255–60</a>, <a href="#Page_262">262</a>, <a href="#Page_264">264</a>, <a href="#Page_269">269</a>, <a href="#Page_271">271</a>, <a href="#Page_279">279</a>, <a href="#Page_280">280–81</a>, <a href="#Page_285">285</a>, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>, <a href="#Page_294">294–95</a>, <a href="#Page_298">298</a>, <a href="#Page_300">300–01</a>.</li> + +<li>Mesurado, Cape, <a href="#Page_126">126</a>, <a href="#Page_158">158</a>.</li> + +<li>Mexico, treaty with England, <a href="#Page_144">144</a> n.; +<ul> +<li>conquest of, <a href="#Page_155">155</a>, <a href="#Page_161">161</a>, <a href="#Page_177">177</a>.</li> +</ul></li> + +<li>Mexico, Gulf of, <a href="#Page_118">118</a>, <a href="#Page_159">159</a>, <a href="#Page_160">160</a>, <a href="#Page_166">166</a> n.</li> + +<li>Mickle, Calvin, <a href="#Page_121">121</a>.</li> + +<li>Middle Colonies, <a href="#Page_24">24</a>, <a href="#Page_33">33</a>, <a href="#Page_57">57</a>, <a href="#Page_66">66</a>.</li> + +<li>Middleton (of S.C.), Congressman, <a href="#Page_126">126</a>.</li> + +<li>Middletown, Conn., <a href="#Page_43">43</a>.</li> + +<li>Mifflin, W. (of Penn.), in Continental Congress, <a href="#Page_50">50</a>.</li> + +<li>Miles (of S.C.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Mississippi, slavery in, <a href="#Page_91">91</a>; +<ul> +<li>illicit trade to, <a href="#Page_102">102</a>;</li> +<li>legislation, <a href="#Page_112">112</a>, <a href="#Page_254">254</a>, <a href="#Page_263">263</a>, <a href="#Page_283">283</a>, <a href="#Page_284">284</a>.</li> +</ul></li> + +<li>Missouri, <a href="#Page_123">123</a>.</li> + +<li>Missouri Compromise, <a href="#Page_124">124</a>.</li> + +<li>Mitchell, Gen. D.B., <a href="#Page_118">118</a>.</li> + +<li>Mitchell, S.L. (of N.Y.), Congressman, <a href="#Page_89">89</a> n.</li> + +<li>Mixed courts for slave-traders, <a href="#Page_137">137</a>, <a href="#Page_139">139</a>, <a href="#Page_151">151</a>, <a href="#Page_191">191</a>.</li> + +<li>Mobile, Ala., illicit trade to, <a href="#Page_118">118</a>, <a href="#Page_119">119</a>, <a href="#Page_161">161</a>, <a href="#Page_181">181</a>.</li> + +<li>Monroe, James, as President, messages on slave-trade, <a href="#Page_117">117</a>, <a href="#Page_141">141</a>, <a href="#Page_257">257</a>, <a href="#Page_258">258</a>, <a href="#Page_259">259–60</a>, <a href="#Page_262">262–63</a>, <a href="#Page_265">265</a>, <a href="#Page_269">269</a>; +<ul> +<li>establishment of African Agency, <a href="#Page_126">126</a>, <a href="#Page_158">158</a>;</li> +<li>pardons, <a href="#Page_131">131</a> n.</li> +</ul></li> + +<li>Morbon, Wm., slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Morris, Gouverneur, in Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>, <a href="#Page_65">65</a>.</li> + +<li>Morris, Governor of N.J., <a href="#Page_33">33</a>.</li> + +<li>Moseley, Congressman, <a href="#Page_106">106</a>.</li> + + + +<li> </li> +<li><span class="smcap">Nansemond</span> County, Va., <a href="#Page_49">49</a>.</li> + +<li>Naples (Two Sicilies), <a href="#Page_142">142</a>.</li> + +<li>Napoleon I., <a href="#Page_74">74</a>, <a href="#Page_134">134</a>, <a href="#Page_136">136</a>, <a href="#Page_254">254</a>.</li> + +<li>Navigation Ordinance, <a href="#Page_25">25</a>.</li> + +<li>Navy, United States, <a href="#Page_111">111</a>, <a href="#Page_115">115</a>, <a href="#Page_118">118–20</a>, <a href="#Page_123">123</a>, <a href="#Page_124">124</a>, <a href="#Page_128">128</a>, <a href="#Page_159">159–61</a>, <a href="#Page_163">163</a>, <a href="#Page_184">184–86</a>, <a href="#Page_191">191</a>, <a href="#Page_259">259</a>, <a href="#Page_286">286</a>, <a href="#Page_295">295</a>, <a href="#Page_301">301</a>; +<ul> +<li>reports of Secretary of, <a href="#Page_185">185</a>, <a href="#Page_186">186</a>, <a href="#Page_318">318–31</a>.</li> +</ul></li> + +<li>Neal, Rev. Mr., in Mass. Convention, <a href="#Page_71">71</a>.</li> + +<li>Negroes, character of, <a href="#Page_13">13–14</a>. +<ul> +<li>See Slaves.</li> +</ul></li> + +<li>Negro plots, <a href="#Page_18">18</a>, <a href="#Page_30">30</a>, <a href="#Page_204">204</a>.</li> + +<li>Nelson, Hugh (of Va.), <a href="#Page_122">122</a> n., <a href="#Page_123">123</a> n.</li> + +<li>Nelson, Attorney-General, <a href="#Page_162">162</a>.</li> + +<li>Netherlands. See Holland.</li> + +<li>New England, slavery in, <a href="#Page_14">14</a>, <a href="#Page_34">34</a>, <a href="#Page_44">44</a>; +<ul> +<li>slave-trade by, <a href="#Page_34">34–36</a>, <a href="#Page_43">43</a>, <a href="#Page_57">57</a>;</li> +<li>Colonial statutes, see under individual Colonies.</li> +</ul></li> + +<li>New Hampshire, restrictions in, <a href="#Page_36">36</a>, <a href="#Page_37">37</a>; +<ul> +<li>attitude toward slave-trade, <a href="#Page_34">34</a>, <a href="#Page_72">72</a>, <a href="#Page_94">94</a>;</li> +<li>State legislation, <a href="#Page_250">250</a>.</li> +</ul></li> + +<li>New Jersey, slavery in, <a href="#Page_14">14</a>; +<ul> +<li>restrictions in, <a href="#Page_32">32</a>, <a href="#Page_33">33</a>, <a href="#Page_76">76</a>;</li> +<li>attitude toward slavery, <a href="#Page_64">64</a>, <a href="#Page_74">74</a>, <a href="#Page_178">178</a>;</li> +<li>Colonial and State statutes, <a href="#Page_200">200</a>, <a href="#Page_205">205</a>, <a href="#Page_221">221</a>, <a href="#Page_222">222</a>, <a href="#Page_225">225</a>, <a href="#Page_230">230</a>, <a href="#Page_244">244</a>.</li> +</ul></li> + +<li>New Mexico, <a href="#Page_176">176</a>.</li> + +<li>New Netherland, <a href="#Page_24">24</a>, <a href="#Page_199">199</a>, <a href="#Page_200">200</a>.</li> + +<li>New Orleans, illicit traffic to, <a href="#Page_92">92</a>, <a href="#Page_115">115</a>, <a href="#Page_131">131</a> n., <a href="#Page_161">161</a>, <a href="#Page_166">166</a>, <a href="#Page_171">171</a>, <a href="#Page_179">179</a>.</li> + +<li>Newport, R.I., <a href="#Page_35">35</a>, <a href="#Page_41">41</a>.</li> + +<li>New York, slavery in, <a href="#Page_14">14</a>; +<ul> +<li>restrictions in, <a href="#Page_25">25–27;</a></li> +<li>Abolition societies in, <a href="#Page_74">74</a>, <a href="#Page_83">83</a>;</li> +<li>Colonial and State statutes, <a href="#Page_203">203–04</a>, <a href="#Page_210">210</a>, <a href="#Page_213">213</a>, <a href="#Page_214">214</a>, <a href="#Page_218">218</a>, <a href="#Page_229">229–30</a>, <a href="#Page_234">234</a>, <a href="#Page_239">239</a>, <a href="#Page_245">245–46</a>.</li> +</ul></li> + +<li>New York City, illicit traffic at, <a href="#Page_162">162</a>, <a href="#Page_166">166</a>, <a href="#Page_178">178–81</a>, <a href="#Page_190">190</a>, <a href="#Page_191">191</a>.</li> + +<li>Nichols (of Va.), Congressman, <a href="#Page_87">87</a>.</li> + +<li>Norfolk, Va., <a href="#Page_162">162</a>.</li> + +<li>North Carolina, restrictions in, <a href="#Page_19">19</a>, <a href="#Page_57">57</a>, <a href="#Page_76">76</a>; +<ul> +<li>"Association" in, <a href="#Page_48">48</a>, <a href="#Page_55">55</a>;</li> +<li>reception of Constitution, <a href="#Page_65">65</a>, <a href="#Page_71">71</a>;</li> +<li>cession of back-lands, <a href="#Page_91">91</a>;</li> +<li>Colonial and State statutes, <a href="#Page_112">112</a>, <a href="#Page_232">232</a>, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>, <a href="#Page_255">255</a>.</li> +</ul></li> + +<li>Northwest Territory, <a href="#Page_91">91</a>.</li> + +<li>Nourse, Joseph, Registrar of the Treasury, <a href="#Page_120">120</a> n.</li> + +<li>Nova Scotia, <a href="#Page_52">52</a>.</li> + +<li>Nunez River, Africa, <a href="#Page_129">129</a>.</li> + + + +<li> </li> +<li><span class="smcap">Oglethorpe</span>, General James, <a href="#Page_15">15</a>.</li> + +<li>Olin (of Vt.), Congressman, <a href="#Page_105">105</a> n.</li> + +<li>Ordinance of 1787, <a href="#Page_91">91</a>.</li> + +<li>"Ostend Manifesto," <a href="#Page_177">177</a>.</li> + + +<li> </li> +<li><span class="smcap">Page</span>, John (of Va.), <a href="#Page_81">81</a>. +<a name="Page_353" id="Page_353"></a></li> +<li>Palmerston, Lord, <a href="#Page_146">146</a>.</li> + +<li>Panama Congress, <a href="#Page_142">142</a> n.</li> + +<li>Pardons granted to slave-traders, <a href="#Page_131">131</a> n.</li> + +<li>Paris, France, Treaty of, <a href="#Page_134">134</a>, <a href="#Page_135">135</a>, <a href="#Page_137">137</a> n.</li> + +<li>Parker, R.E. (of Va.), <a href="#Page_77">77–78</a>, <a href="#Page_81">81</a>.</li> + +<li>Parliament, slave-trade in, <a href="#Page_10">10</a>, <a href="#Page_134">134</a>.</li> + +<li>Pastorius, F.D., <a href="#Page_28">28</a>.</li> + +<li>Paterson's propositions, <a href="#Page_58">58</a>.</li> + +<li>Peace negotiations of 1783, <a href="#Page_134">134</a>.</li> + +<li>Pemberton, Thomas, <a href="#Page_34">34</a>.</li> + +<li>Pennsylvania, slavery in, <a href="#Page_14">14</a>; +<ul> +<li>restrictions in, <a href="#Page_28">28–31</a>, <a href="#Page_76">76</a>;</li> +<li>attitude towards slave-trade, <a href="#Page_56">56</a>, <a href="#Page_67">67</a>, <a href="#Page_70">70</a>, <a href="#Page_80">80</a>, <a href="#Page_83">83</a>;</li> +<li>in Constitutional Convention, <a href="#Page_64">64</a>;</li> +<li>Colonial and State statutes, <a href="#Page_201">201–05</a>, <a href="#Page_209">209</a>, <a href="#Page_211">211</a>, <a href="#Page_213">213–14</a>, <a href="#Page_220">220</a>, <a href="#Page_221">221</a>, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>, <a href="#Page_227">227</a>, <a href="#Page_235">235–36</a>.</li> +</ul></li> + +<li>Pennsylvania Society for the Abolition of Slavery, <a href="#Page_74">74</a>, <a href="#Page_80">80</a>.</li> + +<li>Perdido River, <a href="#Page_119">119</a>.</li> + +<li>Perry, Commander, U.S.N., <a href="#Page_162">162</a>.</li> + +<li>Perry, Jesse, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Perry, Robert, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>"Perry," U.S.S., <a href="#Page_162">162</a>, <a href="#Page_165">165</a>.</li> + +<li>Petitions, of Abolition societies, <a href="#Page_56">56</a>, <a href="#Page_79">79–81</a>, <a href="#Page_83">83</a>, <a href="#Page_84">84</a>; +<ul> +<li>of free Negroes, <a href="#Page_85">85</a>, <a href="#Page_86">86</a>.</li> +</ul></li> + +<li>Pettigrew (of S.C.), <a href="#Page_176">176</a>.</li> + +<li>Philadelphia, <a href="#Page_162">162</a>, <a href="#Page_166">166</a>.</li> + +<li>Pinckney, Charles (of S.C.), in Federal Convention, <a href="#Page_58">58–60</a>, <a href="#Page_65">65</a>.</li> + +<li>Pinckney, C.C. (of S.C.), in Federal Convention, <a href="#Page_59">59–63</a>, <a href="#Page_64">64</a>.</li> + +<li>Pindall, Congressman, <a href="#Page_122">122</a> n., <a href="#Page_123">123</a> n.</li> + +<li>Piracy, slave-trade made, <a href="#Page_124">124–25</a>, <a href="#Page_140">140</a>, <a href="#Page_141">141</a>, <a href="#Page_146">146</a>, <a href="#Page_149">149</a>, <a href="#Page_155">155</a> n.</li> + +<li>Pitkin, T. (of Conn.), <a href="#Page_99">99</a> n., <a href="#Page_104">104</a> n.</li> + +<li>Pitt, William, <a href="#Page_134">134</a>.</li> + +<li>Plumer, Wm. (of N.H.), <a href="#Page_127">127</a>.</li> + +<li>Pollard, Edward, <a href="#Page_176">176</a>.</li> + +<li>Pongas River, Africa, <a href="#Page_129">129</a>.</li> + +<li>Portugal, treaties with England, <a href="#Page_135">135</a>, <a href="#Page_137">137</a>, <a href="#Page_145">145</a> n., <a href="#Page_150">150</a>, <a href="#Page_256">256</a>; +<ul> + +<li>slaves in colonies, <a href="#Page_46">46</a>, <a href="#Page_133">133</a>;</li> +<li>abolition of slave-trade by, <a href="#Page_136">136</a>, <a href="#Page_144">144</a> n.;</li> +<li>use of flag of, <a href="#Page_144">144</a>.</li> +</ul></li> + +<li>Presidents. See under individual names.</li> + +<li>Price of slaves, <a href="#Page_163">163</a>.</li> + +<li>Prince George County, Va., <a href="#Page_49">49</a>.</li> + +<li>Privy Council, report to, <a href="#Page_134">134</a>.</li> + +<li>Proffit, U.S. Minister to Brazil, <a href="#Page_164">164</a>.</li> + +<li>Prohibition of slave-trade by Ga., <a href="#Page_15">15</a>, <a href="#Page_75">75</a>; +<ul> + +<li>S.C., <a href="#Page_17">17</a>, <a href="#Page_89">89</a>;</li> +<li>N.C., <a href="#Page_19">19</a>;</li> +<li>Va., <a href="#Page_20">20</a>;</li> +<li>Md., <a href="#Page_22">22</a>;</li> +<li>N.Y., <a href="#Page_26">26</a>;</li> +<li>Vermont, <a href="#Page_28">28</a>;</li> +<li>Penn., <a href="#Page_28">28</a>, <a href="#Page_29">29</a>;</li> +<li>Del., <a href="#Page_31">31</a>;</li> +<li>N.J., <a href="#Page_32">32</a>;</li> +<li>N.H., <a href="#Page_36">36</a>;</li> +<li>Mass., <a href="#Page_37">37</a>;</li> +<li>R.I., <a href="#Page_40">40</a>;</li> +<li>Conn., <a href="#Page_43">43</a>;</li> +<li>United States, <a href="#Page_110">110</a>;</li> +<li>England, <a href="#Page_135">135</a>;</li> +<li>Confederate States, <a href="#Page_188">188</a>.</li> +<li>See also Appendices.</li> +</ul></li> + +<li>Providence, R.I., <a href="#Page_42">42</a>.</li> + +<li>Prussia at European Congresses, <a href="#Page_135">135–36</a>, <a href="#Page_139">139</a>, <a href="#Page_147">147</a>, <a href="#Page_281">281</a>.</li> + +<li>Pryor, R.A. (of Va.), <a href="#Page_171">171</a>.</li> + + + +<li> </li> +<li><span class="smcap">Quakers</span>. See Friends.</li> + +<li>Quarantine of slaves, <a href="#Page_16">16</a>.</li> + +<li>Quebec, <a href="#Page_52">52</a>.</li> + +<li>Quincy, Josiah, Congressman, <a href="#Page_100">100</a> n., <a href="#Page_102">102</a> n.</li> + +<li>Quintuple Treaty, <a href="#Page_145">145</a>, <a href="#Page_147">147</a>, <a href="#Page_281">281</a>.</li> + + + +<li> </li> +<li><span class="smcap">Rabun</span>, Wm., Governor of Ga., <a href="#Page_127">127</a>.</li> + +<li>Ramsey, David (of S.C.), <a href="#Page_69">69</a>.</li> + +<li>Randolph, Edmund, in the Federal Convention, <a href="#Page_58">58</a>, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>.</li> + +<li>Randolph, John, Congressman, <a href="#Page_106">106–07</a>.</li> + +<li>Randolph, Thomas M., Congressman, <a href="#Page_108">108</a>.</li> + +<li>Registration of slaves, <a href="#Page_16">16</a>, <a href="#Page_132">132</a> n., <a href="#Page_258">258</a>, <a href="#Page_260">260</a>.</li> + +<li>Revenue from slave-trade, <a href="#Page_87">87</a>, <a href="#Page_90">90</a>, <a href="#Page_95">95</a>, <a href="#Page_111">111</a>, <a href="#Page_112">112</a>. +<ul> + +<li>See Duty Acts.</li> +</ul></li> + +<li>Rhode Island, slave-trade in, <a href="#Page_34">34</a>, <a href="#Page_35">35</a>, <a href="#Page_85">85</a>; +<ul> + +<li>restrictions in, <a href="#Page_40">40–43;</a></li> +<li>"Association" in, <a href="#Page_48">48</a>;</li> +<li>reception of Constitution by, <a href="#Page_72">72</a>;</li> +<li>abolition societies in, <a href="#Page_42">42</a>, <a href="#Page_74">74</a>, <a href="#Page_83">83</a>;</li> +<li>Colonial and State legislation, <a href="#Page_200">200</a>, <a href="#Page_203">203</a>, <a href="#Page_213">213</a>, <a href="#Page_214">214</a>, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>, <a href="#Page_224">224–25</a>, <a href="#Page_227">227–30</a>, <a href="#Page_233">233</a>.</li> +</ul></li> + +<li>Rice Crop, <a href="#Page_17">17</a>, <a href="#Page_20">20</a>.</li> + +<li>Right of Search, <a href="#Page_137">137–42</a>, <a href="#Page_145">145</a> n., <a href="#Page_148">148–51</a>, <a href="#Page_156">156</a>, <a href="#Page_183">183</a>, <a href="#Page_185">185</a>, <a href="#Page_191">191</a>, <a href="#Page_256">256</a>, <a href="#Page_295">295</a>.</li> + +<li>Rio Grande river, <a href="#Page_176">176</a>.</li> + +<li>Rio Janeiro, Brazil, <a href="#Page_145">145</a>, <a href="#Page_160">160</a>, <a href="#Page_162">162</a>.</li> + +<li>Rolfe, John, <a href="#Page_25">25</a>.</li> + +<li>Royal Adventurers, Company of, <a href="#Page_10">10</a>.</li> + +<li>Royal African Company, <a href="#Page_10">10–11</a>.</li> + +<li>Rum, traffic in, <a href="#Page_35">35</a>, <a href="#Page_36">36</a>, <a href="#Page_50">50</a>.</li> + +<li>Rush, Richard, Minister to England, <a href="#Page_138">138</a>.</li> + +<li>Russell, Lord John, <a href="#Page_150">150</a>, <a href="#Page_297">297</a>, <a href="#Page_303">303</a>.</li> + +<li>Russia in European Congresses, <a href="#Page_135">135</a>, <a href="#Page_139">139</a>, <a href="#Page_147">147</a>; +<ul> +<li>signs Quintuple Treaty, <a href="#Page_147">147</a>, <a href="#Page_281">281</a>.</li> +</ul><a name="Page_354" id="Page_354"></a></li> +<li>Rutledge, Edward, in Federal Convention, <a href="#Page_58">58–61</a>, <a href="#Page_65">65</a>.</li> + +<li>Rutledge, John, Congressman, <a href="#Page_84">84–87</a>.</li> + + + +<li> </li> +<li><span class="smcap">St. Augustine</span>, <a href="#Page_114">114</a>.</li> + +<li>St. Johns, Island of, <a href="#Page_52">52</a>.</li> + +<li>St. Johns Parish, Ga., <a href="#Page_52">52</a>.</li> + +<li>St. Mary's River, Fla., <a href="#Page_113">113–14</a>, <a href="#Page_116">116</a>, <a href="#Page_117">117</a>.</li> + +<li>"Sanderson," slaver, <a href="#Page_35">35</a> n.</li> + +<li>Sandiford, <a href="#Page_29">29</a>.</li> + +<li>San Domingo, trade with, stopped, <a href="#Page_50">50</a>, <a href="#Page_96">96</a>; +<ul> + +<li>insurrection in, <a href="#Page_74">74</a>, <a href="#Page_84">84</a>, <a href="#Page_86">86</a>, <a href="#Page_96">96</a>;</li> +<li>deputies from, <a href="#Page_133">133</a>.</li> +</ul></li> + +<li>Sardinia, <a href="#Page_142">142</a>.</li> + +<li>Savannah, Ga., <a href="#Page_16">16</a>, <a href="#Page_51">51</a>, <a href="#Page_169">169</a>.</li> + +<li>Search. See Right of Search.</li> + +<li>Sewall, Wm., slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Seward, Wm. H., Secretary, <a href="#Page_151">151</a>, <a href="#Page_289">289</a>, <a href="#Page_293">293</a>.</li> + +<li>Seward (of Ga.), Congressman, <a href="#Page_175">175</a>.</li> + +<li>Sharpe, Granville, <a href="#Page_134">134</a>.</li> + +<li>Sherbro Islands, Africa, <a href="#Page_158">158</a>.</li> + +<li>Sherman, Roger, in the Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>, <a href="#Page_62">62</a>, <a href="#Page_65">65</a>; +<ul> + +<li>in Congress, <a href="#Page_78">78</a>.</li> +</ul></li> + +<li>Shields, Thomas, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Sierra Leone, <a href="#Page_129">129</a>, <a href="#Page_151">151</a>, <a href="#Page_191">191</a>.</li> + +<li>Sinnickson (of N.J.), Congressman, <a href="#Page_81">81</a>.</li> + +<li>Slave Power, the, <a href="#Page_153">153</a>, <a href="#Page_198">198</a>.</li> + +<li>Slavers: +<ul> +<li>"Alexander," <a href="#Page_129">129</a> n.;</li> +<li>"Amedie," <a href="#Page_138">138</a> n.;</li> +<li>"L'Amistad," <a href="#Page_143">143</a>;</li> +<li>"Antelope" ("Ramirez"), <a href="#Page_132">132</a>;</li> +<li>"Comet," <a href="#Page_143">143</a> n.;</li> +<li>"Constitution," <a href="#Page_120">120</a>, <a href="#Page_121">121</a>;</li> +<li>"Creole," <a href="#Page_143">143</a>;</li> +<li>"Daphne," <a href="#Page_129">129</a> n.;</li> +<li>"Dorset," <a href="#Page_115">115</a>;</li> +<li>"Eliza," <a href="#Page_129">129</a> n.;</li> +<li>"Emily," <a href="#Page_185">185</a>;</li> +<li>"Encomium," <a href="#Page_143">143</a> n.;</li> +<li>"Endymion," <a href="#Page_129">129</a> n.;</li> +<li>"Esperanza," <a href="#Page_129">129</a> n.;</li> +<li>"Eugene," <a href="#Page_115">115</a>, <a href="#Page_129">129</a> n.;</li> +<li>"Fame," <a href="#Page_162">162</a>;</li> +<li>"Fortuna," <a href="#Page_138">138</a> n.;</li> +<li>"Illinois," <a href="#Page_149">149</a>;</li> +<li>"Le Louis," <a href="#Page_138">138</a> n.;</li> +<li>"Louisa," <a href="#Page_120">120</a>;</li> +<li>"Marino," <a href="#Page_120">120</a>;</li> +<li>"Martha," <a href="#Page_165">165</a>;</li> +<li>"Mary," <a href="#Page_131">131</a> n.;</li> +<li>"Mathilde," <a href="#Page_129">129</a> n.;</li> +<li>"Paz," <a href="#Page_115">115</a>;</li> +<li>"La Pensée," <a href="#Page_129">129</a> n.;</li> +<li>"Plattsburg," <a href="#Page_128">128</a> n., <a href="#Page_129">129</a> n.;</li> +<li>"Prova," <a href="#Page_165">165</a>;</li> +<li>"Ramirez" ("Antelope"), <a href="#Page_129">129</a> n., <a href="#Page_130">130</a>;</li> +<li>"Rebecca," <a href="#Page_115">115</a>;</li> +<li>"Rosa," <a href="#Page_115">115</a>;</li> +<li>"Sanderson," <a href="#Page_35">35</a> n.;</li> +<li>"San Juan Nepomuceno," <a href="#Page_138">138</a> n.;</li> +<li>"Saucy Jack," <a href="#Page_115">115</a>;</li> +<li>"Science," <a href="#Page_129">129</a> n.;</li> +<li>"Wanderer," <a href="#Page_180">180</a>, <a href="#Page_184">184</a>, <a href="#Page_186">186</a>;</li> +<li>"Wildfire," <a href="#Page_190">190</a> n.;</li> +<li>see also Appendix C.</li> +</ul></li> + +<li>Slavery. See Table of Contents.</li> + +<li>Slaves, number imported, <a href="#Page_11">11</a>, <a href="#Page_13">13</a>, <a href="#Page_23">23</a> n., <a href="#Page_27">27</a> n., <a href="#Page_31">31</a> n., <a href="#Page_33">33</a> n., <a href="#Page_36">36</a> n., <a href="#Page_39">39</a> n., <a href="#Page_40">40</a> n., <a href="#Page_43">43</a> n., <a href="#Page_44">44</a> n., <a href="#Page_89">89</a>, <a href="#Page_94">94</a>, <a href="#Page_181">181</a>; +<ul> + +<li>insurrections of, <a href="#Page_13">13</a>, <a href="#Page_18">18</a>, <a href="#Page_30">30</a>, <a href="#Page_204">204</a>;</li> +<li>punishments of, <a href="#Page_13">13</a>;</li> +<li>captured on high seas, <a href="#Page_39">39</a>, <a href="#Page_56">56</a>, <a href="#Page_186">186</a>;</li> +<li>illegal traffic in, <a href="#Page_88">88</a>, <a href="#Page_95">95</a>, <a href="#Page_112">112–21</a>, <a href="#Page_126">126–32</a>, <a href="#Page_165">165</a>, <a href="#Page_166">166</a>, <a href="#Page_179">179</a>;</li> +<li>abducted, <a href="#Page_144">144</a>.</li> +</ul></li> + +<li>Slave-trade, see Table of Contents; +<ul> +<li>internal, <a href="#Page_9">9</a>, <a href="#Page_155">155</a>;</li> +<li>coastwise, <a href="#Page_98">98</a>, <a href="#Page_106">106–09</a>, <a href="#Page_156">156</a>, <a href="#Page_161">161</a>, <a href="#Page_183">183</a>, <a href="#Page_191">191</a>, <a href="#Page_302">302</a>.</li> +</ul></li> + +<li>Slave-traders, <a href="#Page_10">10</a>, <a href="#Page_11">11</a>, <a href="#Page_25">25</a>, <a href="#Page_34">34</a>, <a href="#Page_35">35</a>, <a href="#Page_37">37</a>, <a href="#Page_41">41</a>, <a href="#Page_93">93</a>, <a href="#Page_113">113</a>, <a href="#Page_119">119</a>, <a href="#Page_126">126–29</a>, <a href="#Page_146">146</a>, <a href="#Page_161">161</a>, <a href="#Page_176">176</a>, <a href="#Page_178">178</a>, <a href="#Page_180">180</a>, <a href="#Page_184">184</a>; +<ul> + +<li>prosecution and conviction of, <a href="#Page_119">119</a>, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>, <a href="#Page_126">126</a>, <a href="#Page_127">127</a>, <a href="#Page_130">130</a>, <a href="#Page_161">161</a>, <a href="#Page_162">162</a>, <a href="#Page_183">183</a>, <a href="#Page_190">190</a>, <a href="#Page_191">191</a>;</li> +<li>Pardon of, <a href="#Page_131">131</a>;</li> +<li>punishment of, <a href="#Page_37">37</a>, <a href="#Page_104">104</a>, <a href="#Page_122">122</a>, <a href="#Page_127">127</a>, <a href="#Page_132">132</a>, <a href="#Page_190">190</a>, <a href="#Page_191">191</a>, <a href="#Page_199">199</a>, <a href="#Page_261">261</a>, <a href="#Page_264">264</a>, <a href="#Page_268">268</a>, <a href="#Page_274">274</a>, <a href="#Page_296">296</a>.</li> +<li>For ships, see under Slavers, and Appendix C.</li> +</ul></li> + +<li>Slidell, John, <a href="#Page_182">182</a>.</li> + +<li>Sloan (of N.J.), Congressman, <a href="#Page_99">99</a> n., <a href="#Page_100">100</a>, <a href="#Page_105">105</a> n., <a href="#Page_111">111</a>, <a href="#Page_251">251</a>, <a href="#Page_252">252</a>.</li> + +<li>Smilie, John (of Pa.), Congressman, <a href="#Page_99">99</a> n., <a href="#Page_105">105</a> n., <a href="#Page_104">104</a> n.</li> + +<li>Smith, Caleb B., <a href="#Page_190">190</a>.</li> + +<li>Smith, J.F., slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Smith (of S.C.), Senator, <a href="#Page_78">78–81</a>, <a href="#Page_93">93</a>.</li> + +<li>Smith, Capt., slave-trader, <a href="#Page_37">37</a>.</li> + +<li>Smuggling of slaves, <a href="#Page_76">76</a>, <a href="#Page_108">108</a>, <a href="#Page_109">109</a>, <a href="#Page_114">114</a>, <a href="#Page_116">116</a>, <a href="#Page_117">117</a>, <a href="#Page_127">127</a>, <a href="#Page_128">128</a>, <a href="#Page_129">129</a>, <a href="#Page_130">130</a>, <a href="#Page_166">166</a>, <a href="#Page_179">179–82</a>.</li> + +<li>Sneed (of Tenn.), Congressman, <a href="#Page_170">170</a>.</li> + +<li>Soulé, Pierre, <a href="#Page_177">177</a>.</li> + +<li>South Carolina, slavery in, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>, <a href="#Page_17">17</a>, <a href="#Page_18">18</a>, <a href="#Page_93">93</a>; +<ul> + +<li>restrictions in, <a href="#Page_16">16–19</a>, <a href="#Page_75">75</a>;</li> +<li>attitude toward slave-trade, <a href="#Page_49">49</a>, <a href="#Page_52">52</a>, <a href="#Page_55">55</a>, <a href="#Page_57">57</a>, <a href="#Page_81">81</a>, <a href="#Page_84">84</a>;</li> +<li>in the Federal Convention, <a href="#Page_59">59–67</a>, <a href="#Page_70">70</a>, <a href="#Page_72">72</a>;</li> +<li>illicit traffic to, <a href="#Page_89">89</a>;</li> +<li>repeal of prohibition, <a href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a href="#Page_92">92</a>, <a href="#Page_95">95</a>;</li> +<li>movement to reopen slave-trade, <a href="#Page_169">169</a>, <a href="#Page_171">171</a>, <a href="#Page_172">172</a> n., <a href="#Page_173">173</a>;</li> +<li>Colonial and State statutes, <a href="#Page_201">201</a>, <a href="#Page_208">208–13</a>, <a href="#Page_215">215</a>, <a href="#Page_218">218</a>, <a href="#Page_220">220</a>, <a href="#Page_222">222</a>, <a href="#Page_229">229</a>, <a href="#Page_232">232</a>, <a href="#Page_237">237–38</a>, <a href="#Page_241">241–43</a>, <a href="#Page_245">245–47</a>, <a href="#Page_289">289–91</a>.</li> +</ul></li> + +<li>Southeby, Wm., <a href="#Page_29">29</a>.</li> + +<li>Southern Colonies, <a href="#Page_15">15</a>, <a href="#Page_23">23</a>. +<ul> + +<li>See under individual Colonies.</li> +</ul></li> +<li>Spaight, in Federal Convention, <a href="#Page_65">65</a>.<a name="Page_355" id="Page_355"></a></li> +<li>Spain, signs Assiento, <a href="#Page_11">11</a>; +<ul> + +<li>colonial slave-trade of, <a href="#Page_10">10</a>;</li> +<li>colonial slavery, <a href="#Page_133">133</a>;</li> +<li>war with Dutch, <a href="#Page_25">25</a>;</li> +<li>abolishes slave-trade, <a href="#Page_136">136</a>, <a href="#Page_137">137</a>, <a href="#Page_145">145</a> n.;</li> +<li>L'Amistad case with, <a href="#Page_143">143</a>;</li> +<li>flag of, in slave-trade, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>, <a href="#Page_115">115</a>, <a href="#Page_144">144</a>, <a href="#Page_150">150</a>, <a href="#Page_159">159</a>;</li> +<li>treaties, <a href="#Page_206">206</a>, <a href="#Page_208">208</a>, <a href="#Page_257">257</a>.</li> +</ul></li> +<li>Spottswood, Governor of Virginia, <a href="#Page_20">20</a>.</li> + +<li>Spratt, L.W. (of S.C.), <a href="#Page_171">171</a>, <a href="#Page_172">172</a>, <a href="#Page_190">190</a> n.</li> + +<li>Stanton (of R.I.), Congressman, <a href="#Page_89">89</a> n., <a href="#Page_106">106</a>.</li> + +<li>States. See under individual States.</li> + +<li>Statutes, Colonial, see under names of individual Colonies; +<ul> + +<li>State, <a href="#Page_56">56–57</a>, <a href="#Page_75">75–77</a>;</li> +<li>see under names of individual States, and Appendices A and B;</li> +<li>United States, Act of 1794, <a href="#Page_83">83</a>, <a href="#Page_242">242</a>;</li> +<li>Act of 1800, <a href="#Page_85">85</a>, <a href="#Page_245">245</a>;</li> +<li>Act of 1803, <a href="#Page_87">87</a>, <a href="#Page_246">246</a>;</li> +<li>Act of 1807, <a href="#Page_97">97</a>, <a href="#Page_253">253</a>;</li> +<li>Act of 1818, <a href="#Page_121">121</a>, <a href="#Page_258">258</a>;</li> +<li>Act of 1819, <a href="#Page_123">123</a>, <a href="#Page_259">259</a>;</li> +<li>Act of 1820, <a href="#Page_124">124</a>, <a href="#Page_261">261</a>;</li> +<li>Act of 1860, <a href="#Page_187">187</a>, <a href="#Page_297">297</a>;</li> +<li>Act of 1862, <a href="#Page_191">191</a>, <a href="#Page_302">302</a>;</li> +<li>see also Appendix B, <a href="#Page_247">247</a>, <a href="#Page_248">248</a>, <a href="#Page_254">254</a>, <a href="#Page_264">264</a>, <a href="#Page_272">272</a>, <a href="#Page_273">273</a>, <a href="#Page_276">276</a>, <a href="#Page_277">277</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>, <a href="#Page_289">289</a>, <a href="#Page_291">291</a>, <a href="#Page_294">294</a>, <a href="#Page_300">300</a>, <a href="#Page_303">303</a>, <a href="#Page_304">304</a>.</li> +</ul></li> +<li>Stephens, Alexander, <a href="#Page_175">175</a>.</li> + +<li>Stevenson, A., Minister to England, <a href="#Page_146">146–47</a>.</li> + +<li>Stone (of Md.), Congressman, <a href="#Page_79">79</a>, <a href="#Page_81">81</a>, <a href="#Page_108">108</a>.</li> + +<li>Stono, S.C., insurrection at, <a href="#Page_18">18</a>.</li> + +<li>Sumner, Charles, <a href="#Page_192">192</a> n., <a href="#Page_305">305</a>.</li> + +<li>Sweden, <a href="#Page_135">135</a>, <a href="#Page_142">142</a>, <a href="#Page_269">269</a>; +<ul> + +<li>Delaware Colony, <a href="#Page_31">31</a>;</li> +<li>slaves in Colonies, <a href="#Page_133">133</a>.</li> +</ul></li> +<li>Sylvester (of N.Y.), Congressman, <a href="#Page_81">81</a>.</li> + + + +<li> </li> +<li><span class="smcap">Taylor</span>, Zachary, <a href="#Page_286">286</a>.</li> + +<li>Texas, <a href="#Page_116">116</a>, <a href="#Page_144">144</a> n., <a href="#Page_150">150</a>, <a href="#Page_155">155</a>, <a href="#Page_156">156</a>, <a href="#Page_165">165</a>, <a href="#Page_176">176</a>, <a href="#Page_180">180</a>, <a href="#Page_273">273</a>, <a href="#Page_277">277–78</a>.</li> + +<li>Treaties, <a href="#Page_11">11</a>, <a href="#Page_135">135–37</a>, <a href="#Page_141">141</a>, <a href="#Page_142">142</a>, <a href="#Page_145">145</a>, <a href="#Page_147">147–50</a>, <a href="#Page_151">151</a>, <a href="#Page_159">159</a>, <a href="#Page_206">206</a>, <a href="#Page_207">207</a>, <a href="#Page_228">228</a>, <a href="#Page_252">252</a>, <a href="#Page_254">254</a>, <a href="#Page_256">256</a>, <a href="#Page_259">259</a>, <a href="#Page_265">265</a>, <a href="#Page_269">269</a>, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a href="#Page_281">281</a>, <a href="#Page_285">285</a>, <a href="#Page_288">288</a>, <a href="#Page_292">292</a>, <a href="#Page_301">301–05</a>.</li> + +<li>Trist, N., <a href="#Page_160">160</a> n., <a href="#Page_164">164</a>, <a href="#Page_165">165</a> n.</li> + +<li>Tyler, John, <a href="#Page_148">148</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>.</li> + + + +<li> </li> +<li><span class="smcap">Underwood</span>, John C., <a href="#Page_181">181</a>.</li> + +<li>United States, <a href="#Page_55">55</a>, <a href="#Page_74">74</a>, <a href="#Page_77">77</a>, <a href="#Page_84">84</a>, <a href="#Page_87">87</a>, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a href="#Page_92">92</a>, <a href="#Page_97">97</a>, <a href="#Page_98">98</a>, <a href="#Page_102">102</a>, <a href="#Page_103">103</a>, <a href="#Page_110">110</a>, <a href="#Page_114">114</a>, <a href="#Page_117">117</a>, <a href="#Page_119">119</a>, <a href="#Page_120">120</a>, <a href="#Page_122">122</a>, <a href="#Page_126">126</a>, <a href="#Page_127">127</a>, <a href="#Page_128">128</a>, <a href="#Page_129">129</a>, <a href="#Page_133">133</a>, <a href="#Page_138">138</a>, <a href="#Page_136">136–51</a>, <a href="#Page_153">153</a>, <a href="#Page_156">156</a>, <a href="#Page_157">157</a>, <a href="#Page_158">158</a>, <a href="#Page_162">162–67</a>, <a href="#Page_168">168</a>, <a href="#Page_178">178</a>, <a href="#Page_179">179</a>, <a href="#Page_185">185</a>, <a href="#Page_188">188</a>, <a href="#Page_190">190</a>, <a href="#Page_242">242</a>, <a href="#Page_245">245–48</a>, <a href="#Page_264">264</a>, <a href="#Page_272">272–76</a>, <a href="#Page_277">277</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>, <a href="#Page_289">289</a>, <a href="#Page_291">291</a>, <a href="#Page_294">294</a>, <a href="#Page_297">297</a>, <a href="#Page_300">300–04</a>. +<ul> + +<li>See also Table of Contents.</li> +</ul></li> +<li>Up de Graeff, Derick, <a href="#Page_28">28</a>.</li> + +<li>Up den Graef, Abraham, <a href="#Page_28">28</a>.</li> + +<li>Uruguay, <a href="#Page_144">144</a> n.</li> + +<li>Utrecht, Treaty of, <a href="#Page_207">207</a>.</li> + + + +<li> </li> +<li><span class="smcap">Van Buren</span>, Martin, <a href="#Page_79">79–80</a>.</li> + +<li>Van Rensselaer, Congressman, <a href="#Page_108">108</a>.</li> + +<li>Varnum, J., Congressman, <a href="#Page_105">105</a> n.</li> + +<li>Venezuela, <a href="#Page_144">144</a> n.</li> + +<li>Vermont, <a href="#Page_28">28</a>, <a href="#Page_57">57</a>, <a href="#Page_94">94</a>, <a href="#Page_226">226</a>, <a href="#Page_228">228</a>, <a href="#Page_232">232</a>, <a href="#Page_249">249</a>.</li> + +<li>Verona, Congress of, <a href="#Page_139">139</a>.</li> + +<li>Vicksburg, Miss., <a href="#Page_172">172</a>, <a href="#Page_181">181</a>.</li> + +<li>Vienna, Congress of, <a href="#Page_135">135</a>.</li> + +<li>Virginia, first slaves imported, <a href="#Page_28">28</a>, <a href="#Page_306">306</a>; +<ul> + +<li>slavery in, <a href="#Page_14">14</a>;</li> +<li>restrictions in, <a href="#Page_19">19–22</a>, <a href="#Page_76">76</a>;</li> +<li>frame of government of, <a href="#Page_21">21</a>;</li> +<li>"Association" in, <a href="#Page_48">48</a>, <a href="#Page_52">52</a>, <a href="#Page_57">57</a>;</li> +<li>in the Federal Convention, <a href="#Page_61">61</a>, <a href="#Page_62">62</a>, <a href="#Page_64">64</a>, <a href="#Page_71">71</a>;</li> +<li>abolition sentiment in, <a href="#Page_74">74</a>, <a href="#Page_78">78</a>, <a href="#Page_83">83</a>;</li> +<li>attitude on reopening the slave-trade, <a href="#Page_171">171</a>, <a href="#Page_173">173</a> n.;</li> +<li>Colonial and State statutes, <a href="#Page_201">201–04</a>, <a href="#Page_213">213–15</a>, <a href="#Page_219">219–20</a>, <a href="#Page_222">222</a>, <a href="#Page_226">226</a>, <a href="#Page_227">227</a>, <a href="#Page_240">240</a>, <a href="#Page_249">249</a>.</li> +</ul></li> + + + +<li> </li> +<li><span class="smcap">Wallace</span>, L.R., slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Waln (of Penn.), Congressman, <a href="#Page_85">85</a>.</li> + +<li>"Wanderer," case of the slaver, <a href="#Page_180">180</a>, <a href="#Page_184">184</a>.</li> + +<li>Washington, Treaty of (1842), <a href="#Page_148">148–50</a>, <a href="#Page_170">170</a>, <a href="#Page_172">172</a>, <a href="#Page_182">182</a>, <a href="#Page_185">185</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>, <a href="#Page_288">288</a>, <a href="#Page_292">292</a>.</li> + +<li>Watt, James, <a href="#Page_152">152</a> n.</li> + +<li>Webster, Daniel, <a href="#Page_147">147</a>, <a href="#Page_281">281</a>.</li> + +<li>Webster, Noah, <a href="#Page_68">68</a>.</li> + +<li>Wentworth, Governor of N.H., <a href="#Page_36">36</a>.</li> + +<li>West Indies, slave-trade to and from, <a href="#Page_10">10</a>, <a href="#Page_13">13</a>, <a href="#Page_17">17</a>, <a href="#Page_25">25</a>, <a href="#Page_35">35</a>, <a href="#Page_37">37</a>, <a href="#Page_41">41</a>, <a href="#Page_42">42</a>, <a href="#Page_46">46</a>, <a href="#Page_48">48</a>, <a href="#Page_50">50</a>, <a href="#Page_55">55</a>, <a href="#Page_114">114</a>, <a href="#Page_117">117</a>, <a href="#Page_141">141</a>, <a href="#Page_151">151</a>, <a href="#Page_275">275</a>; +<ul> + +<li>slavery in, <a href="#Page_13">13</a>, <a href="#Page_168">168</a>, <a href="#Page_193">193</a>;</li> +<li>restrictions on importation of slaves from, <a href="#Page_26">26</a>, <a href="#Page_75">75</a>, <a href="#Page_76">76</a>, <a href="#Page_87">87</a>;</li> +<li>revolution in, <a href="#Page_74">74–77</a>, <a href="#Page_84">84–88</a>, <a href="#Page_96">96–97;</a></li> +<li>mixed court in, <a href="#Page_151">151</a> n., <a href="#Page_191">191</a>.</li> +</ul></li> +<li>Western territory, <a href="#Page_81">81</a>, <a href="#Page_261">261</a>.</li> + +<li>Whitney, Eli, <a href="#Page_153">153</a>.<a name="Page_356" id="Page_356"></a></li> +<li>Whydah, Africa, <a href="#Page_149">149</a>.</li> + +<li>Wilberforce, Wm., <a href="#Page_134">134</a>.</li> + +<li>Wilde, R.H., <a href="#Page_132">132</a>.</li> + +<li>"Wildfire," slaver, <a href="#Page_190">190</a> n., <a href="#Page_315">315</a>.</li> + +<li>"William," case of the slaver, <a href="#Page_315">315</a>.</li> + +<li>Williams, D.R. (of N.C.), Congressman, <a href="#Page_102">102</a> n., <a href="#Page_109">109</a> n., <a href="#Page_111">111</a>.</li> + +<li>Williamsburg district, S.C., <a href="#Page_169">169</a>.</li> + +<li>Williamson (of S.C.), in Federal Convention, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>, <a href="#Page_65">65</a>.</li> + +<li>Wilmington, N.C., <a href="#Page_88">88</a>.</li> + +<li>Wilson, James, in Federal Convention, <a href="#Page_56">56</a>, <a href="#Page_58">58</a>, <a href="#Page_62">62</a>, <a href="#Page_70">70</a>.</li> + +<li>Wilson (of Mass.), Congressman, <a href="#Page_295">295</a>, <a href="#Page_296">296</a>, <a href="#Page_298">298</a>.</li> + +<li>Winn, African agent, <a href="#Page_158">158</a>.</li> + +<li>Winston, Zenas, slave-trader, <a href="#Page_131">131</a> n.</li> + +<li>Wirt, William, <a href="#Page_118">118</a>, <a href="#Page_126">126</a> n., <a href="#Page_130">130</a>.</li> + +<li>Woolman, John, <a href="#Page_29">29</a>.</li> + +<li>Wright (of Va.), <a href="#Page_126">126</a>.</li> + +<li> </li> +<li><span class="smcap">Yancey</span>, W.L., <a href="#Page_171">171</a>.</li> +</ul> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Suppression of the African Slave +Trade to the United States of America, by W. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Suppression of the African Slave Trade to the United States of America + 1638-1870 + +Author: W. E. B. Du Bois + +Release Date: February 7, 2006 [EBook #17700] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK SLAVE TRADE *** + + + + +Produced by Suzanne Shell, Victoria Woosley and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + + + THE SUPPRESSION OF THE + AFRICAN SLAVE-TRADE + TO THE + UNITED STATES + OF AMERICA + 1638-1870 + + Volume I + Harvard Historical Studies + + 1896 + + Longmans, Green, and Co. + New York + + * * * * * + + + + +Preface + + +This monograph was begun during my residence as Rogers Memorial Fellow +at Harvard University, and is based mainly upon a study of the sources, +i.e., national, State, and colonial statutes, Congressional documents, +reports of societies, personal narratives, etc. The collection of laws +available for this research was, I think, nearly complete; on the other +hand, facts and statistics bearing on the economic side of the study +have been difficult to find, and my conclusions are consequently liable +to modification from this source. + +The question of the suppression of the slave-trade is so intimately +connected with the questions as to its rise, the system of American +slavery, and the whole colonial policy of the eighteenth century, that +it is difficult to isolate it, and at the same time to avoid +superficiality on the one hand, and unscientific narrowness of view on +the other. While I could not hope entirely to overcome such a +difficulty, I nevertheless trust that I have succeeded in rendering this +monograph a small contribution to the scientific study of slavery and +the American Negro. + +I desire to express my obligation to Dr. Albert Bushnell Hart, of +Harvard University, at whose suggestion I began this work and by whose +kind aid and encouragement I have brought it to a close; also I have to +thank the trustees of the John F. Slater Fund, whose appointment made it +possible to test the conclusions of this study by the general principles +laid down in German universities. + + W.E. BURGHARDT DU BOIS. + +WILBERFORCE UNIVERSITY, + March, 1896. + + * * * * * + + + + +Contents + + +CHAPTER I +INTRODUCTORY + + 1. _Plan of the Monograph_ 9 + 2. _The Rise of the English Slave-Trade_ 9 + + +CHAPTER II +THE PLANTING COLONIES + + 3. _Character of these Colonies_ 15 + 4. _Restrictions in Georgia_ 15 + 5. _Restrictions in South Carolina_ 16 + 6. _Restrictions in North Carolina_ 19 + 7. _Restrictions in Virginia_ 19 + 8. _Restrictions in Maryland_ 22 + 9. _General Character of these Restrictions_ 23 + + +CHAPTER III +THE FARMING COLONIES + + 10. _Character of these Colonies_ 24 + 11. _The Dutch Slave-Trade_ 24 + 12. _Restrictions in New York_ 25 + 13. _Restrictions in Pennsylvania and Delaware_ 28 + 14. _Restrictions in New Jersey_ 32 + 15. _General Character of these Restrictions_ 33 + + +CHAPTER IV +THE TRADING COLONIES + + 16. _Character of these Colonies_ 34 + 17. _New England and the Slave-Trade_ 34 + 18. _Restrictions in New Hampshire_ 36 + 19. _Restrictions in Massachusetts_ 37 + 20. _Restrictions in Rhode Island_ 40 + 21. _Restrictions in Connecticut_ 43 + 22. _General Character of these Restrictions_ 44 + + +CHAPTER V +THE PERIOD OF THE REVOLUTION, 1774-1787 + + 23. _The Situation in 1774_ 45 + 24. _The Condition of the Slave-Trade_ 46 + 25. _The Slave-Trade and the "Association"_ 47 + 26. _The Action of the Colonies_ 48 + 27. _The Action of the Continental Congress_ 49 + 28. _Reception of the Slave-Trade Resolution_ 51 + 29. _Results of the Resolution_ 52 + 30. _The Slave-Trade and Public Opinion after the War_ 53 + 31. _The Action of the Confederation_ 56 + + +CHAPTER VI +THE FEDERAL CONVENTION, 1787 + + 32. _The First Proposition_ 58 + 33. _The General Debate_ 59 + 34. _The Special Committee and the "Bargain"_ 62 + 35. _The Appeal to the Convention_ 64 + 36. _Settlement by the Convention_ 66 + 37. _Reception of the Clause by the Nation_ 67 + 38. _Attitude of the State Conventions_ 70 + 39. _Acceptance of the Policy_ 72 + + +CHAPTER VII +TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, 1787-1807 + + 40. _Influence of the Haytian Revolution_ 74 + 41. _Legislation of the Southern States_ 75 + 42. _Legislation of the Border States_ 76 + 43. _Legislation of the Eastern States_ 76 + 44. _First Debate in Congress, 1789_ 77 + 45. _Second Debate in Congress, 1790_ 79 + 46. _The Declaration of Powers, 1790_ 82 + 47. _The Act of 1794_ 83 + 48. _The Act of 1800_ 85 + 49. _The Act of 1803_ 87 + 50. _State of the Slave-Trade from 1789 to 1803_ 88 + 51. _The South Carolina Repeal of 1803_ 89 + 52. _The Louisiana Slave-Trade, 1803-1805_ 91 + 53. _Last Attempts at Taxation, 1805-1806_ 94 + 54. _Key-Note of the Period_ 96 + + +CHAPTER VIII +THE PERIOD OF ATTEMPTED SUPPRESSION, 1807-1825 + + 55. _The Act of 1807_ 97 + 56. _The First Question: How shall illegally imported Africans + be disposed of?_ 99 + 57. _The Second Question: How shall Violations be punished?_ 104 + 58. _The Third Question: How shall the Interstate Coastwise + Slave-Trade be protected?_ 106 + 59. _Legislative History of the Bill_ 107 + 60. _Enforcement of the Act_ 111 + 61. _Evidence of the Continuance of the Trade_ 112 + 62. _Apathy of the Federal Government_ 115 + 63. _Typical Cases_ 120 + 64. _The Supplementary Acts, 1818-1820_ 121 + 65. _Enforcement of the Supplementary Acts, 1818-1825_ 126 + + +CHAPTER IX +THE INTERNATIONAL STATUS OF THE SLAVE-TRADE, 1783-1862 + + 66. _The Rise of the Movement against the Slave-Trade, + 1788-1807_ 133 + 67. _Concerted Action of the Powers, 1783-1814_ 134 + 68. _Action of the Powers from 1814 to 1820_ 136 + 69. _The Struggle for an International Right of Search, + 1820-1840_ 137 + 70. _Negotiations of 1823-1825_ 140 + 71. _The Attitude of the United States and the State of the + Slave-Trade_ 142 + 72. _The Quintuple Treaty, 1839-1842_ 145 + 73. _Final Concerted Measures, 1842-1862_ 148 + + +CHAPTER X +THE RISE OF THE COTTON KINGDOM, 1820-1850 + + 74. _The Economic Revolution_ 152 + 75. _The Attitude of the South_ 154 + 76. _The Attitude of the North and Congress_ 156 + 77. _Imperfect Application of the Laws_ 159 + 78. _Responsibility of the Government_ 161 + 79. _Activity of the Slave-Trade, 1820-1850_ 163 + + +CHAPTER XI +THE FINAL CRISIS, 1850-1870 + + 80. _The Movement against the Slave-Trade Laws_ 168 + 81. _Commercial Conventions of 1855-1856_ 169 + 82. _Commercial Conventions of 1857-1858_ 170 + 83. _Commercial Convention of 1859_ 172 + 84. _Public Opinion in the South_ 173 + 85. _The Question in Congress_ 174 + 86. _Southern Policy in 1860_ 176 + 87. _Increase of the Slave-Trade from 1850 to 1860_ 178 + 88. _Notorious Infractions of the Laws_ 179 + 89. _Apathy of the Federal Government_ 182 + 90. _Attitude of the Southern Confederacy_ 187 + 91. _Attitude of the United States_ 190 + + +CHAPTER XII +THE ESSENTIALS IN THE STRUGGLE + + 92. _How the Question Arose_ 193 + 93. _The Moral Movement_ 194 + 94. _The Political Movement_ 195 + 95. _The Economic Movement_ 195 + 96. _The Lesson for Americans_ 196 + + +APPENDICES + + A. _A Chronological Conspectus of Colonial and State Legislation + restricting the African Slave-Trade, 1641-1787_ 199 + + B. _A Chronological Conspectus of State, National, and + International Legislation, 1788-1871_ 234 + + C. _Typical Cases of Vessels engaged in the American Slave-Trade, + 1619-1864_ 306 + + D. _Bibliography_ 316 + + +INDEX 347 + + * * * * * + + + + +_Chapter I_ + +INTRODUCTORY. + + 1. Plan of the Monograph. + 2. The Rise of the English Slave-Trade. + + +1. ~Plan of the Monograph.~ This monograph proposes to set forth the +efforts made in the United States of America, from early colonial times +until the present, to limit and suppress the trade in slaves between +Africa and these shores. + +The study begins with the colonial period, setting forth in brief the +attitude of England and, more in detail, the attitude of the planting, +farming, and trading groups of colonies toward the slave-trade. It deals +next with the first concerted effort against the trade and with the +further action of the individual States. The important work of the +Constitutional Convention follows, together with the history of the +trade in that critical period which preceded the Act of 1807. The +attempt to suppress the trade from 1807 to 1830 is next recounted. A +chapter then deals with the slave-trade as an international problem. +Finally the development of the crises up to the Civil War is studied, +together with the steps leading to the final suppression; and a +concluding chapter seeks to sum up the results of the investigation. +Throughout the monograph the institution of slavery and the interstate +slave-trade are considered only incidentally. + + +2. ~The Rise of the English Slave-Trade.~ Any attempt to consider the +attitude of the English colonies toward the African slave-trade must be +prefaced by a word as to the attitude of England herself and the +development of the trade in her hands.[1] + +Sir John Hawkins's celebrated voyage took place in 1562, but probably +not until 1631[2] did a regular chartered company undertake to carry on +the trade.[3] This company was unsuccessful,[4] and was eventually +succeeded by the "Company of Royal Adventurers trading to Africa," +chartered by Charles II. in 1662, and including the Queen Dowager and +the Duke of York.[5] The company contracted to supply the West Indies +with three thousand slaves annually; but contraband trade, misconduct, +and war so reduced it that in 1672 it surrendered its charter to another +company for L34,000.[6] This new corporation, chartered by Charles II. +as the "Royal African Company," proved more successful than its +predecessors, and carried on a growing trade for a quarter of a century. + +In 1698 Parliamentary interference with the trade began. By the Statute +9 and 10 William and Mary, chapter 26, private traders, on payment of a +duty of 10% on English goods exported to Africa, were allowed to +participate in the trade. This was brought about by the clamor of the +merchants, especially the "American Merchants," who "in their Petition +suggest, that it would be a great Benefit to the Kingdom to secure the +Trade by maintaining Forts and Castles there, with an equal Duty upon +all Goods exported."[7] This plan, being a compromise between +maintaining the monopoly intact and entirely abolishing it, was adopted, +and the statute declared the trade "highly Beneficial and Advantageous +to this Kingdom, and to the Plantations and Colonies thereunto +belonging." + +Having thus gained practically free admittance to the field, English +merchants sought to exclude other nations by securing a monopoly of the +lucrative Spanish colonial slave-trade. Their object was finally +accomplished by the signing of the Assiento in 1713.[8] + +The Assiento was a treaty between England and Spain by which the latter +granted the former a monopoly of the Spanish colonial slave-trade for +thirty years, and England engaged to supply the colonies within that +time with at least 144,000 slaves, at the rate of 4,800 per year. +England was also to advance Spain 200,000 crowns, and to pay a duty of +331/2 crowns for each slave imported. The kings of Spain and England were +each to receive one-fourth of the profits of the trade, and the Royal +African Company were authorized to import as many slaves as they wished +above the specified number in the first twenty-five years, and to sell +them, except in three ports, at any price they could get. + +It is stated that, in the twenty years from 1713 to 1733, fifteen +thousand slaves were annually imported into America by the English, of +whom from one-third to one-half went to the Spanish colonies.[9] To the +company itself the venture proved a financial failure; for during the +years 1729-1750 Parliament assisted the Royal Company by annual grants +which amounted to L90,000,[10] and by 1739 Spain was a creditor to the +extent of L68,000, and threatened to suspend the treaty. The war +interrupted the carrying out of the contract, but the Peace of +Aix-la-Chapelle extended the limit by four years. Finally, October 5, +1750, this privilege was waived for a money consideration paid to +England; the Assiento was ended, and the Royal Company was bankrupt. + +By the Statute 23 George II., chapter 31, the old company was dissolved +and a new "Company of Merchants trading to Africa" erected in its +stead.[11] Any merchant so desiring was allowed to engage in the trade +on payment of certain small duties, and such merchants formed a company +headed by nine directors. This marked the total abolition of monopoly in +the slave-trade, and was the form under which the trade was carried on +until after the American Revolution. + +That the slave-trade was the very life of the colonies had, by 1700, +become an almost unquestioned axiom in British practical economics. The +colonists themselves declared slaves "the strength and sinews of this +western world,"[12] and the lack of them "the grand obstruction"[13] +here, as the settlements "cannot subsist without supplies of them."[14] +Thus, with merchants clamoring at home and planters abroad, it easily +became the settled policy of England to encourage the slave-trade. Then, +too, she readily argued that what was an economic necessity in Jamaica +and the Barbadoes could scarcely be disadvantageous to Carolina, +Virginia, or even New York. Consequently, the colonial governors were +generally instructed to "give all due encouragement and invitation to +merchants and others, ... and in particular to the royal African company +of England."[15] Duties laid on the importer, and all acts in any way +restricting the trade, were frowned upon and very often disallowed. +"Whereas," ran Governor Dobbs's instructions, "Acts have been passed in +some of our Plantations in America for laying duties on the importation +and exportation of Negroes to the great discouragement of the Merchants +trading thither from the coast of Africa.... It is our Will and Pleasure +that you do not give your assent to or pass any Law imposing duties upon +Negroes imported into our Province of North Carolina."[16] + +The exact proportions of the slave-trade to America can be but +approximately determined. From 1680 to 1688 the African Company sent 249 +ships to Africa, shipped there 60,783 Negro slaves, and after losing +14,387 on the middle passage, delivered 46,396 in America. The trade +increased early in the eighteenth century, 104 ships clearing for Africa +in 1701; it then dwindled until the signing of the Assiento, standing at +74 clearances in 1724. The final dissolution of the monopoly in 1750 +led--excepting in the years 1754-57, when the closing of Spanish marts +sensibly affected the trade--to an extraordinary development, 192 +clearances being made in 1771. The Revolutionary War nearly stopped the +traffic; but by 1786 the clearances had risen again to 146. + +To these figures must be added the unregistered trade of Americans and +foreigners. It is probable that about 25,000 slaves were brought to +America each year between 1698 and 1707. The importation then dwindled, +but rose after the Assiento to perhaps 30,000. The proportion, too, of +these slaves carried to the continent now began to increase. Of about +20,000 whom the English annually imported from 1733 to 1766, South +Carolina alone received some 3,000. Before the Revolution, the total +exportation to America is variously estimated as between 40,000 and +100,000 each year. Bancroft places the total slave population of the +continental colonies at 59,000 in 1714, 78,000 in 1727, and 293,000 in +1754. The census of 1790 showed 697,897 slaves in the United States.[17] + +In colonies like those in the West Indies and in South Carolina and +Georgia, the rapid importation into America of a multitude of savages +gave rise to a system of slavery far different from that which the late +Civil War abolished. The strikingly harsh and even inhuman slave codes +in these colonies show this. Crucifixion, burning, and starvation were +legal modes of punishment.[18] The rough and brutal character of the +time and place was partly responsible for this, but a more decisive +reason lay in the fierce and turbulent character of the imported +Negroes. The docility to which long years of bondage and strict +discipline gave rise was absent, and insurrections and acts of violence +were of frequent occurrence.[19] Again and again the danger of planters +being "cut off by their own negroes"[20] is mentioned, both in the +islands and on the continent. This condition of vague dread and unrest +not only increased the severity of laws and strengthened the police +system, but was the prime motive back of all the earlier efforts to +check the further importation of slaves. + +On the other hand, in New England and New York the Negroes were merely +house servants or farm hands, and were treated neither better nor worse +than servants in general in those days. Between these two extremes, the +system of slavery varied from a mild serfdom in Pennsylvania and New +Jersey to an aristocratic caste system in Maryland and Virginia. + + +FOOTNOTES: + + [1] This account is based largely on the _Report of the Lords + of the Committee of Council_, etc. (London, 1789). + + [2] African trading-companies had previously been erected + (e.g. by Elizabeth in 1585 and 1588, and by James I. in 1618); + but slaves are not specifically mentioned in their charters, + and they probably did not trade in slaves. Cf. Bandinel, + _Account of the Slave Trade_ (1842), pp. 38-44. + + [3] Chartered by Charles I. Cf. Sainsbury, _Cal. State Papers, + Col. Ser., America and W. Indies, 1574-1660_, p. 135. + + [4] In 1651, during the Protectorate, the privileges of the + African trade were granted anew to this same company for + fourteen years. Cf. Sainsbury, _Cal. State Papers, Col. Ser., + America and W. Indies, 1574-1660_, pp. 342, 355. + + [5] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-1668_, Sec. 408. + + [6] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1669-1674_, Sec.Sec. 934, 1095. + + [7] Quoted in the above _Report_, under "Most Material + Proceedings in the House of Commons," Vol. I. Part I. An import + duty of 10% on all goods, except Negroes, imported from Africa + to England and the colonies was also laid. The proceeds of + these duties went to the Royal African Company. + + [8] Cf. Appendix A. + + [9] Bandinel, _Account of the Slave Trade_, p. 59. Cf. Bryan + Edwards, _History of the British Colonies in the W. Indies_ + (London, 1798), Book VI. + + [10] From 1729 to 1788, including compensation to the old + company, Parliament expended L705,255 on African companies. Cf. + _Report_, etc., as above. + + [11] Various amendatory statutes were passed: e.g., 24 George + II. ch. 49, 25 George II. ch. 40, 4 George III. ch. 20, 5 + George III. ch. 44, 23 George III. ch. 65. + + [12] Renatus Enys from Surinam, in 1663: Sainsbury, _Cal. + State Papers, Col. Ser., America and W. Indies, 1661-68_, Sec. + 577. + + [13] Thomas Lynch from Jamaica, in 1665: Sainsbury, _Cal. + State Papers, Col. Ser., America and W. Indies, 1661-68_, Sec. + 934. + + [14] Lieutenant-Governor Willoughby of Barbadoes, in 1666: + Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-68_, Sec. 1281. + + [15] Smith, _History of New Jersey_ (1765), p. 254; Sainsbury, + _Cal. State Papers, Col. Ser., America and W. Indies, + 1669-74_., Sec.Sec. 367, 398, 812. + + [16] _N.C. Col. Rec._, V. 1118. For similar instructions, cf. + _Penn. Archives_, I. 306; _Doc. rel. Col. Hist. New York_, VI. + 34; Gordon, _History of the American Revolution_, I. letter 2; + _Mass. Hist. Soc. Coll._, 4th Ser. X. 642. + + [17] These figures are from the above-mentioned _Report_, Vol. + II. Part IV. Nos. 1, 5. See also Bancroft, _History of the + United States_ (1883), II. 274 ff; Bandinel, _Account of the + Slave Trade_, p. 63; Benezet, _Caution to Great Britain_, etc., + pp. 39-40, and _Historical Account of Guinea_, ch. xiii. + + [18] Compare earlier slave codes in South Carolina, Georgia, + Jamaica, etc.; also cf. Benezet, _Historical Account of + Guinea_, p. 75; _Report_, etc., as above. + + [19] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1574-1660_, pp. 229, 271, 295; _1661-68_, Sec.Sec. 61, 412, + 826, 1270, 1274, 1788; _1669-74_., Sec.Sec. 508, 1244; Bolzius and + Von Reck, _Journals_ (in Force, _Tracts_, Vol. IV. No. 5, pp. + 9, 18); _Proceedings of Governor and Assembly of Jamaica in + regard to the Maroon Negroes_ (London, 1796). + + [20] Sainsbury, _Cal. State Papers, Col. Ser., America and W. + Indies, 1661-68_, Sec. 1679. + + * * * * * + + + + +_Chapter II_ + +THE PLANTING COLONIES. + + 3. Character of these Colonies. + 4. Restrictions in Georgia. + 5. Restrictions in South Carolina. + 6. Restrictions in North Carolina. + 7. Restrictions in Virginia. + 8. Restrictions in Maryland. + 9. General Character of these Restrictions. + + +3. ~Character of these Colonies.~ The planting colonies are those +Southern settlements whose climate and character destined them to be the +chief theatre of North American slavery. The early attitude of these +communities toward the slave-trade is therefore of peculiar interest; +for their action was of necessity largely decisive for the future of the +trade and for the institution in North America. Theirs was the only +soil, climate, and society suited to slavery; in the other colonies, +with few exceptions, the institution was by these same factors doomed +from the beginning. Hence, only strong moral and political motives could +in the planting colonies overthrow or check a traffic so favored by the +mother country. + + +4. ~Restrictions in Georgia.~ In Georgia we have an example of a +community whose philanthropic founders sought to impose upon it a code +of morals higher than the colonists wished. The settlers of Georgia were +of even worse moral fibre than their slave-trading and whiskey-using +neighbors in Carolina and Virginia; yet Oglethorpe and the London +proprietors prohibited from the beginning both the rum and the slave +traffic, refusing to "suffer slavery (which is against the Gospel as +well as the fundamental law of England) to be authorised under our +authority."[1] The trustees sought to win the colonists over to their +belief by telling them that money could be better expended in +transporting white men than Negroes; that slaves would be a source of +weakness to the colony; and that the "Produces designed to be raised in +the Colony would not require such Labour as to make Negroes necessary +for carrying them on."[2] + +This policy greatly displeased the colonists, who from 1735, the date of +the first law, to 1749, did not cease to clamor for the repeal of the +restrictions.[3] As their English agent said, they insisted that "In +Spight of all Endeavours to disguise this Point, it is as clear as Light +itself, that Negroes are as essentially necessary to the Cultivation of +_Georgia_, as Axes, Hoes, or any other Utensil of Agriculture."[4] +Meantime, evasions and infractions of the laws became frequent and +notorious. Negroes were brought across from Carolina and "hired" for +life.[5] "Finally, purchases were openly made in Savannah from African +traders: some seizures were made by those who opposed the principle, but +as a majority of the magistrates were favorable to the introduction of +slaves into the province, legal decisions were suspended from time to +time, and a strong disposition evidenced by the courts to evade the +operation of the law."[6] At last, in 1749, the colonists prevailed on +the trustees and the government, and the trade was thrown open under +careful restrictions, which limited importation, required a registry and +quarantine on all slaves brought in, and laid a duty.[7] It is probable, +however, that these restrictions were never enforced, and that the trade +thus established continued unchecked until the Revolution. + + +5. ~Restrictions in South Carolina.~[8] South Carolina had the largest +and most widely developed slave-trade of any of the continental +colonies. This was owing to the character of her settlers, her nearness +to the West Indian slave marts, and the early development of certain +staple crops, such as rice, which were adapted to slave labor.[9] +Moreover, this colony suffered much less interference from the home +government than many other colonies; thus it is possible here to trace +the untrammeled development of slave-trade restrictions in a typical +planting community. + +As early as 1698 the slave-trade to South Carolina had reached such +proportions that it was thought that "the great number of negroes which +of late have been imported into this Collony may endanger the safety +thereof." The immigration of white servants was therefore encouraged by +a special law.[10] Increase of immigration reduced this disproportion, +but Negroes continued to be imported in such numbers as to afford +considerable revenue from a moderate duty on them. About the time when +the Assiento was signed, the slave-trade so increased that, scarcely a +year after the consummation of that momentous agreement, two heavy duty +acts were passed, because "the number of Negroes do extremely increase +in this Province, and through the afflicting providence of God, the +white persons do not proportionately multiply, by reason whereof, the +safety of the said Province is greatly endangered."[11] The trade, +however, by reason of the encouragement abroad and of increased business +activity in exporting naval stores at home, suffered scarcely any check, +although repeated acts, reciting the danger incident to a "great +importation of Negroes," were passed, laying high duties.[12] Finally, +in 1717, an additional duty of L40,[13] although due in depreciated +currency, succeeded so nearly in stopping the trade that, two years +later, all existing duties were repealed and one of L10 substituted.[14] +This continued during the time of resistance to the proprietary +government, but by 1734 the importation had again reached large +proportions. "We must therefore beg leave," the colonists write in that +year, "to inform your Majesty, that, amidst our other perilous +circumstances, we are subject to many intestine dangers from the great +number of negroes that are now among us, who amount at least to +twenty-two thousand persons, and are three to one of all your Majesty's +white subjects in this province. Insurrections against us have been +often attempted."[15] In 1740 an insurrection under a slave, Cato, at +Stono, caused such widespread alarm that a prohibitory duty of L100 was +immediately laid.[16] Importation was again checked; but in 1751 the +colony sought to devise a plan whereby the slightly restricted +immigration of Negroes should provide a fund to encourage the +importation of white servants, "to prevent the mischiefs that may be +attended by the great importation of negroes into this Province."[17] +Many white servants were thus encouraged to settle in the colony; but so +much larger was the influx of black slaves that the colony, in 1760, +totally prohibited the slave-trade. This act was promptly disallowed by +the Privy Council and the governor reprimanded;[18] but the colony +declared that "an importation of negroes, equal in number to what have +been imported of late years, may prove of the most dangerous consequence +in many respects to this Province, and the best way to obviate such +danger will be by imposing such an additional duty upon them as may +totally prevent the evils."[19] A prohibitive duty of L100 was +accordingly imposed in 1764.[20] This duty probably continued until the +Revolution. + +The war made a great change in the situation. It has been computed by +good judges that, between the years 1775 and 1783, the State of South +Carolina lost twenty-five thousand Negroes, by actual hostilities, +plunder of the British, runaways, etc. After the war the trade quickly +revived, and considerable revenue was raised from duty acts until 1787, +when by act and ordinance the slave-trade was totally prohibited.[21] +This prohibition, by renewals from time to time, lasted until 1803. + + +6. ~Restrictions in North Carolina.~ In early times there were few +slaves in North Carolina;[22] this fact, together with the troubled and +turbulent state of affairs during the early colonial period, did not +necessitate the adoption of any settled policy toward slavery or the +slave-trade. Later the slave-trade to the colony increased; but there is +no evidence of any effort to restrict or in any way regulate it before +1786, when it was declared that "the importation of slaves into this +State is productive of evil consequences and highly impolitic,"[23] and +a prohibitive duty was laid on them. + + +7. ~Restrictions in Virginia.~[24] Next to South Carolina, Virginia had +probably the largest slave-trade. Her situation, however, differed +considerably from that of her Southern neighbor. The climate, the staple +tobacco crop, and the society of Virginia were favorable to a system of +domestic slavery, but one which tended to develop into a patriarchal +serfdom rather than into a slave-consuming industrial hierarchy. The +labor required by the tobacco crop was less unhealthy than that +connected with the rice crop, and the Virginians were, perhaps, on a +somewhat higher moral plane than the Carolinians. There was consequently +no such insatiable demand for slaves in the larger colony. On the other +hand, the power of the Virginia executive was peculiarly strong, and it +was not possible here to thwart the slave-trade policy of the home +government as easily as elsewhere. + +Considering all these circumstances, it is somewhat difficult to +determine just what was the attitude of the early Virginians toward the +slave-trade. There is evidence, however, to show that although they +desired the slave-trade, the rate at which the Negroes were brought in +soon alarmed them. In 1710 a duty of L5 was laid on Negroes, but +Governor Spotswood "soon perceived that the laying so high a Duty on +Negros was intended to discourage the importation," and vetoed the +measure.[25] No further restrictive legislation was attempted for some +years, but whether on account of the attitude of the governor or the +desire of the inhabitants, is not clear. With 1723 begins a series of +acts extending down to the Revolution, which, so far as their contents +can be ascertained, seem to have been designed effectually to check the +slave-trade. Some of these acts, like those of 1723 and 1727, were +almost immediately disallowed.[26] The Act of 1732 laid a duty of 5%, +which was continued until 1769,[27] and all other duties were in +addition to this; so that by such cumulative duties the rate on slaves +reached 25% in 1755,[28] and 35% at the time of Braddock's +expedition.[29] These acts were found "very burthensome," "introductive +of many frauds," and "very inconvenient,"[30] and were so far repealed +that by 1761 the duty was only 15%. As now the Burgesses became more +powerful, two or more bills proposing restrictive duties were passed, +but disallowed.[31] By 1772 the anti-slave-trade feeling had become +considerably developed, and the Burgesses petitioned the king, declaring +that "The importation of slaves into the colonies from the coast of +Africa hath long been considered as a trade of great inhumanity, and +under its present encouragement, we have too much reason to fear _will +endanger the very existence_ of your Majesty's American dominions.... +Deeply impressed with these sentiments, we most humbly beseech your +Majesty to remove _all those restraints_ on your Majesty's governors of +this colony, _which inhibit their assenting to such laws as might check +so very pernicious a commerce_."[32] + +Nothing further appears to have been done before the war. When, in 1776, +the delegates adopted a Frame of Government, it was charged in this +document that the king had perverted his high office into a "detestable +and insupportable tyranny, by ... prompting our negroes to rise in arms +among us, those very negroes whom, by an inhuman use of his negative, he +hath refused us permission to exclude by law."[33] Two years later, in +1778, an "Act to prevent the further importation of Slaves" stopped +definitively the legal slave-trade to Virginia.[34] + + +8. ~Restrictions in Maryland.~[35] Not until the impulse of the Assiento +had been felt in America, did Maryland make any attempt to restrain a +trade from which she had long enjoyed a comfortable revenue. The Act of +1717, laying a duty of 40_s._,[36] may have been a mild restrictive +measure. The duties were slowly increased to 50_s._ in 1754,[37] and L4. +in 1763.[38] In 1771 a prohibitive duty of L9 was laid;[39] and in 1783, +after the war, all importation by sea was stopped and illegally imported +Negroes were freed.[40] + +Compared with the trade to Virginia and the Carolinas, the slave-trade +to Maryland was small, and seems at no time to have reached proportions +which alarmed the inhabitants. It was regulated to the economic demand +by a slowly increasing tariff, and finally, after 1769, had nearly +ceased of its own accord before the restrictive legislation of +Revolutionary times.[41] Probably the proximity of Maryland to Virginia +made an independent slave-trade less necessary to her. + + +9. ~General Character of these Restrictions.~ We find in the planting +colonies all degrees of advocacy of the trade, from the passiveness of +Maryland to the clamor of Georgia. Opposition to the trade did not +appear in Georgia, was based almost solely on political fear of +insurrection in Carolina, and sprang largely from the same motive in +Virginia, mingled with some moral repugnance. As a whole, it may be said +that whatever opposition to the slave-trade there was in the planting +colonies was based principally on the political fear of insurrection. + + +FOOTNOTES: + + [1] Hoare, _Memoirs of Granville Sharp_ (1820), p. 157. For + the act of prohibition, see W.B. Stevens, _History of Georgia_ + (1847), I. 311. + + [2] [B. Martyn, _Account of the Progress of Georgia_ (1741), + pp. 9-10.] + + [3] Cf. Stevens, _History of Georgia_, I. 290 ff. + + [4] Stephens, _Account of the Causes_, etc., p. 8. Cf. also + _Journal of Trustees_, II. 210; cited by Stevens, _History of + Georgia_, I. 306. + + [5] McCall, _History of Georgia_ (1811), I. 206-7. + + [6] _Ibid._ + + [7] _Pub. Rec. Office, Board of Trade_, Vol. X.; cited by C.C. + Jones, _History of Georgia_ (1883), I. 422-5. + + [8] The following is a summary of the legislation of the + colony of South Carolina; details will be found in Appendix + A:-- + + 1698, Act to encourage the immigration of white servants. + 1703, Duty Act: 10_s._ on Africans, 20_s._ on other Negroes. + 1714, " " additional duty. + 1714, " " L2. + 1714-15, Duty Act: additional duty. + 1716, " " L3 on Africans, L30 on colonial Negroes. + 1717, " " L40 in addition to existing duties. + 1719, " " L10 on Africans, L30 on colonial Negroes. + The Act of 1717, etc., was repealed. + 1721, " " L10 on Africans, L50 on colonial Negroes. + 1722, " " " " " " " + 1740, " " L100 on Africans, L150 on colonial Negroes. + 1751, " " L10 " " L50 " " + 1760, Act prohibiting importation (Disallowed). + 1764, Duty Act: additional duty of L100. + 1783, " " L3 on Africans, L20 on colonial Negroes. + 1784, " " " " L5 " " + 1787, Art and Ordinance prohibiting importation. + + [9] Cf. Hewatt, _Historical Account of S. Carolina and + Georgia_ (1779), I. 120 ff.; reprinted in _S.C. Hist. Coll._ + (1836), I. 108 ff. + + [10] Cooper, _Statutes at Large of S. Carolina_, II. 153. + + [11] The text of the first act is not extant: cf. Cooper, + _Statutes_, III. 56. For the second, see Cooper, VII. 365, + 367. + + [12] Cf. Grimke, _Public Laws of S. Carolina_, p. xvi, No. + 362; Cooper, _Statutes_, II. 649. Cf. also _Governor Johnson + to the Board of Trade_, Jan. 12, 1719-20; reprinted in Rivers, + _Early History of S. Carolina_ (1874), App., xii. + + [13] Cooper, _Statutes_, VII. 368. + + [14] _Ibid._, III. 56. + + [15] From a memorial signed by the governor, President of the + Council, and Speaker of the House, dated April 9, 1734, + printed in Hewatt, _Historical Account of S. Carolina and + Georgia_ (1779), II. 39; reprinted in S.C. Hist. Coll. (1836), + I. 305-6. Cf. _N.C. Col. Rec._, II. 421. + + [16] Cooper, _Statutes_, III. 556; Grimke, _Public Laws_, p. + xxxi, No. 694. Cf. Ramsay, _History of S. Carolina_, I. 110. + + [17] Cooper, _Statutes_, III. 739. + + [18] The text of this law has not been found. Cf. Burge, + _Commentaries on Colonial and Foreign Laws_, I. 737, note; + Stevens, _History of Georgia_, I. 286. See instructions of the + governor of New Hampshire, June 30, 1761, in Gordon, _History + of the American Revolution_, I. letter 2. + + [19] Cooper, _Statutes_, IV. 187. + + [20] This duty avoided the letter of the English instructions + by making the duty payable by the first purchasers, and not by + the importers. Cf. Cooper, _Statutes_, IV. 187. + + [21] Grimke, Public Laws, p. lxviii, Nos. 1485, 1486; Cooper, + _Statutes_, VII. 430. + + [22] Cf. _N.C. Col. Rec._, IV. 172. + + [23] Martin, _Iredell's Acts of Assembly_, I. 413, 492. + + [24] The following is a summary of the legislation of the + colony of Virginia; details will be found in Appendix A:-- + + 1710, Duty Act: proposed duty of L5. + 1723, " " prohibitive (?). + 1727, " " " + 1732, " " 5%. + 1736, " " " + 1740, " " additional duty of 5%. + 1754, " " " " 5%. + 1755, " " " " 10% (Repealed, 1760). + 1757, " " " " 10% (Repealed, 1761). + 1759, " " 20% on colonial slaves. + 1766, " " additional duty of 10% (Disallowed?). + 1769, " " " " " " + 1772, " " L5 on colonial slaves. + Petition of Burgesses _vs._ Slave-trade. + 1776, Arraignment of the king in the adopted Frame of Government. + 1778, Importation prohibited. + + [25] _Letters of Governor Spotswood_, in _Va. Hist. Soc. + Coll._, New Ser., I. 52. + + [26] Hening, _Statutes at Large of Virginia_, IV. 118, 182. + + [27] _Ibid._, IV. 317, 394; V. 28, 160, 318; VI. 217, 353; + VII. 281; VIII. 190, 336, 532. + + [28] _Ibid._, V. 92; VI. 417, 419, 461, 466. + + [29] _Ibid._, VII. 69, 81. + + [30] _Ibid._, VII. 363, 383. + + [31] _Ibid._, VIII. 237, 337. + + [32] _Miscellaneous Papers, 1672-1865_, in _Va. Hist. Soc. + Coll._, New Ser., VI. 14; Tucker, _Blackstone's Commentaries_, + I. Part II. App., 51. + + [33] Hening, _Statutes_, IX. 112. + + [34] Importation by sea or by land was prohibited, with a + penalty of L1000 for illegal importation and L500 for buying + or selling. The Negro was freed, if illegally brought in. This + law was revised somewhat in 1785. Cf. Hening, _Statutes_, IX. + 471; XII. 182. + + [35] The following is a summary of the legislation of the + colony of Maryland; details will be found in Appendix A:-- + + 1695, Duty Act: 10_s._ + 1704, " " 20_s._ + 1715, " " " + 1717, " " additional duty of 40_s._ (?). + 1754, " " " " 10_s._, total 50_s._ + 1756, " " " " 20_s._ " 40_s._ (?). + 1763, " " " " L2 " L4. + 1771, " " " " L5 " L9. + 1783, Importation prohibited. + + [36] _Compleat Coll. Laws of Maryland_ (ed. 1727), p. 191; + Bacon, _Laws of Maryland at Large_, 1728, ch. 8. + + [37] Bacon, _Laws_, 1754, ch. 9, 14. + + [38] _Ibid._, 1763, ch. 28. + + [39] _Laws of Maryland since 1763_: 1771, ch. 7. Cf. _Ibid._: + 1777, sess. Feb.-Apr., ch. 18. + + [40] _Ibid._: 1783, sess. Apr.-June, ch. 23. + + [41] "The last importation of slaves into Maryland was, as I + am credibly informed, in the year 1769": William Eddis, + _Letters from America_ (London, 1792), p. 65, note. + + The number of slaves in Maryland has been estimated as follows:-- + + In 1704, 4,475. _Doc. rel. Col. Hist. New York_, V. 605. + " 1710, 7,935. _Ibid._ + " 1712, 8,330. Scharf, _History of Maryland_, I. 377. + " 1719, 25,000. _Doc. rel. Col. Hist. New York_, V. 605. + " 1748, 36,000. McMahon, _History of Maryland_, I. 313. + " 1755, 46,356. _Gentleman's Magazine_, XXXIV. 261. + " 1756, 46,225. McMahon, _History of Maryland_, I. 313. + " 1761, 49,675. Dexter, _Colonial Population_, p. 21, note. + " 1782, 83,362. _Encyclopaedia Britannica_ (9th ed.), XV. 603. + " 1787, 80,000. Dexter, _Colonial Population_, p. 21, note. + + * * * * * + + + + +_Chapter III_ + +THE FARMING COLONIES. + + 10. Character of these Colonies. + 11. The Dutch Slave-Trade. + 12. Restrictions in New York. + 13. Restrictions in Pennsylvania and Delaware. + 14. Restrictions in New Jersey. + 15. General Character of these Restrictions. + + +10. ~Character of these Colonies.~ The colonies of this group, occupying +the central portion of the English possessions, comprise those +communities where, on account of climate, physical characteristics, and +circumstances of settlement, slavery as an institution found but a +narrow field for development. The climate was generally rather cool for +the newly imported slaves, the soil was best suited to crops to which +slave labor was poorly adapted, and the training and habits of the great +body of settlers offered little chance for the growth of a slave system. +These conditions varied, of course, in different colonies; but the +general statement applies to all. These communities of small farmers and +traders derived whatever opposition they had to the slave-trade from +three sorts of motives,--economic, political, and moral. First, the +importation of slaves did not pay, except to supply a moderate demand +for household servants. Secondly, these colonies, as well as those in +the South, had a wholesome political fear of a large servile population. +Thirdly, the settlers of many of these colonies were of sterner moral +fibre than the Southern cavaliers and adventurers, and, in the absence +of great counteracting motives, were more easily led to oppose the +institution and the trade. Finally, it must be noted that these colonies +did not so generally regard themselves as temporary commercial +investments as did Virginia and Carolina. Intending to found permanent +States, these settlers from the first more carefully studied the +ultimate interests of those States. + + +11. ~The Dutch Slave-Trade.~ The Dutch seem to have commenced the +slave-trade to the American continent, the Middle colonies and some of +the Southern receiving supplies from them. John Rolfe relates that the +last of August, 1619, there came to Virginia "a dutch man of warre that +sold us twenty Negars."[1] This was probably one of the ships of the +numerous private Dutch trading-companies which early entered into and +developed the lucrative African slave-trade. Ships sailed from Holland +to Africa, got slaves in exchange for their goods, carried the slaves to +the West Indies or Brazil, and returned home laden with sugar.[2] +Through the enterprise of one of these trading-companies the settlement +of New Amsterdam was begun, in 1614. In 1621 the private companies +trading in the West were all merged into the Dutch West India Company, +and given a monopoly of American trade. This company was very active, +sending in four years 15,430 Negroes to Brazil,[3] carrying on war with +Spain, supplying even the English plantations,[4] and gradually becoming +the great slave carrier of the day. + +The commercial supremacy of the Dutch early excited the envy and +emulation of the English. The Navigation Ordinance of 1651 was aimed at +them, and two wars were necessary to wrest the slave-trade from them and +place it in the hands of the English. The final terms of peace among +other things surrendered New Netherland to England, and opened the way +for England to become henceforth the world's greatest slave-trader. +Although the Dutch had thus commenced the continental slave-trade, they +had not actually furnished a very large number of slaves to the English +colonies outside the West Indies. A small trade had, by 1698, brought a +few thousand to New York, and still fewer to New Jersey.[5] It was left +to the English, with their strong policy in its favor, to develop this +trade. + + +12. ~Restrictions in New York.~[6] The early ordinances of the Dutch, +laying duties, generally of ten per cent, on slaves, probably proved +burdensome to the trade, although this was not intentional.[7] The +Biblical prohibition of slavery and the slave-trade, copied from New +England codes into the Duke of York's Laws, had no practical +application,[8] and the trade continued to be encouraged in the +governors' instructions. In 1709 a duty of L3 was laid on Negroes from +elsewhere than Africa.[9] This was aimed at West India slaves, and was +prohibitive. By 1716 the duty on all slaves was L1 121/2_s._, which was +probably a mere revenue figure.[10] In 1728 a duty of 40_s._ was laid, +to be continued until 1737.[11] It proved restrictive, however, and on +the "humble petition of the Merchants and Traders of the City of +Bristol" was disallowed in 1735, as "greatly prejudicial to the Trade +and Navigation of this Kingdom."[12] Governor Cosby was also reminded +that no duties on slaves payable by the importer were to be laid. Later, +in 1753, the 40_s._ duty was restored, but under the increased trade of +those days was not felt.[13] No further restrictions seem to have been +attempted until 1785, when the sale of slaves in the State was +forbidden.[14] + +The chief element of restriction in this colony appears to have been the +shrewd business sense of the traders, who never flooded the slave +market, but kept a supply sufficient for the slowly growing demand. +Between 1701 and 1726 only about 2,375 slaves were imported, and in 1774 +the total slave population amounted to 21,149.[15] No restriction was +ever put by New York on participation in the trade outside the colony, +and in spite of national laws New York merchants continued to be engaged +in this traffic even down to the Civil War.[16] + +Vermont, who withdrew from New York in 1777, in her first +Constitution[17] declared slavery illegal, and in 1786 stopped by law +the sale and transportation of slaves within her boundaries.[18] + + +13. ~Restrictions in Pennsylvania and Delaware.~[19] One of the first +American protests against the slave-trade came from certain German +Friends, in 1688, at a Weekly Meeting held in Germantown, Pennsylvania. +"These are the reasons," wrote "Garret henderich, derick up de graeff, +Francis daniell Pastorius, and Abraham up Den graef," "why we are +against the traffick of men-body, as followeth: Is there any that would +be done or handled at this manner?... Now, tho they are black, we cannot +conceive there is more liberty to have them slaves, as it is to have +other white ones. There is a saying, that we shall doe to all men like +as we will be done ourselves; making no difference of what generation, +descent or colour they are. And those who steal or robb men, and those +who buy or purchase them, are they not all alike?"[20] This little +leaven helped slowly to work a revolution in the attitude of this great +sect toward slavery and the slave-trade. The Yearly Meeting at first +postponed the matter, "It having so General a Relation to many other +Parts."[21] Eventually, however, in 1696, the Yearly Meeting advised +"That Friends be careful not to encourage the bringing in of any more +Negroes."[22] This advice was repeated in stronger terms for a +quarter-century,[23] and by that time Sandiford, Benezet, Lay, and +Woolman had begun their crusade. In 1754 the Friends took a step farther +and made the purchase of slaves a matter of discipline.[24] Four years +later the Yearly Meeting expressed itself clearly as "against every +branch of this practice," and declared that if "any professing with us +should persist to vindicate it, and be concerned in importing, selling +or purchasing slaves, the respective Monthly Meetings to which they +belong should manifest their disunion with such persons."[25] Further, +manumission was recommended, and in 1776 made compulsory.[26] The effect +of this attitude of the Friends was early manifested in the legislation +of all the colonies where the sect was influential, and particularly in +Pennsylvania. + +One of the first duty acts (1710) laid a restrictive duty of 40_s._ on +slaves, and was eventually disallowed.[27] In 1712 William Southeby +petitioned the Assembly totally to abolish slavery. This the Assembly +naturally refused to attempt; but the same year, in response to another +petition "signed by many hands," they passed an "Act to prevent the +Importation of Negroes and Indians,"[28]--the first enactment of its +kind in America. This act was inspired largely by the general fear of +insurrection which succeeded the "Negro-plot" of 1712 in New York. It +declared: "Whereas, divers Plots and Insurrections have frequently +happened, not only in the Islands but on the Main Land of _America_, by +Negroes, which have been carried on so far that several of the +inhabitants have been barbarously Murthered, an Instance whereof we have +lately had in our Neighboring Colony of _New York_,"[29] etc. It then +proceeded to lay a prohibitive duty of L20 on all slaves imported. These +acts were quickly disposed of in England. Three duty acts affecting +Negroes, including the prohibitory act, were in 1713 disallowed, and it +was directed that "the Dep^{ty} Gov^{r} Council and Assembly of +Pensilvania, be & they are hereby Strictly Enjoyned & required not to +permit the said Laws ... to be from henceforward put in Execution."[30] +The Assembly repealed these laws, but in 1715 passed another laying a +duty of L5, which was also eventually disallowed.[31] Other acts, the +provisions of which are not clear, were passed in 1720 and 1722,[32] and +in 1725-1726 the duty on Negroes was raised to the restrictive figure of +L10.[33] This duty, for some reason not apparent, was lowered to L2 in +1729,[34] but restored again in 1761.[35] A struggle occurred over this +last measure, the Friends petitioning for it, and the Philadelphia +merchants against it, declaring that "We, the subscribers, ever desirous +to extend the Trade of this Province, have seen, for some time past, +the many inconveniencys the Inhabitants have suffer'd for want of +Labourers and artificers, ... have for some time encouraged the +importation of Negroes;" they prayed therefore at least for a delay in +passing the measure.[36] The law, nevertheless, after much debate and +altercation with the governor, finally passed. + +These repeated acts nearly stopped the trade, and the manumission or +sale of Negroes by the Friends decreased the number of slaves in the +province. The rising spirit of independence enabled the colony, in 1773, +to restore the prohibitive duty of L20 and make it perpetual.[37] After +the Revolution unpaid duties on slaves were collected and the slaves +registered,[38] and in 1780 an "Act for the gradual Abolition of +Slavery" was passed.[39] As there were probably at no time before the +war more than 11,000 slaves in Pennsylvania,[40] the task thus +accomplished was not so formidable as in many other States. As it was, +participation in the slave-trade outside the colony was not prohibited +until 1788.[41] + +It seems probable that in the original Swedish settlements along the +Delaware slavery was prohibited.[42] This measure had, however, little +practical effect; for as soon as the Dutch got control the slave-trade +was opened, although, as it appears, to no large extent. After the fall +of the Dutch Delaware came into English hands. Not until 1775 do we find +any legislation on the slave-trade. In that year the colony attempted +to prohibit the importation of slaves, but the governor vetoed the +bill.[43] Finally, in 1776 by the Constitution, and in 1787 by law, +importation and exportation were both prohibited.[44] + + +14. ~Restrictions in New Jersey.~[45] Although the freeholders of West +New Jersey declared, in 1676, that "all and every Person and Persons +Inhabiting the said Province, shall, as far as in us lies, be free from +Oppression and Slavery,"[46] yet Negro slaves are early found in the +colony.[47] The first restrictive measure was passed, after considerable +friction between the Council and the House, in 1713; it laid a duty of +L10, currency.[48] Governor Hunter explained to the Board of Trade that +the bill was "calculated to Encourage the Importation of white Servants +for the better Peopeling that Country."[49] How long this act continued +does not appear; probably, not long. No further legislation was enacted +until 1762 or 1763, when a prohibitive duty was laid on account of "the +inconvenience the Province is exposed to in lying open to the free +importation of Negros, when the Provinces on each side have laid duties +on them."[50] The Board of Trade declared that while they did not object +to "the Policy of imposing a reasonable duty," they could not assent to +this, and the act was disallowed.[51] The Act of 1769 evaded the +technical objection of the Board of Trade, and laid a duty of L15 on the +first purchasers of Negroes, because, as the act declared, "Duties on +the Importation of Negroes in several of the neighbouring Colonies +hath, on Experience, been found beneficial in the Introduction of sober, +industrious Foreigners."[52] In 1774 a bill which, according to the +report of the Council to Governor Morris, "plainly intended an entire +Prohibition of all Slaves being imported from foreign Parts," was thrown +out by the Council.[53] Importation was finally prohibited in 1786.[54] + + +15. ~General Character of these Restrictions.~ The main difference in +motive between the restrictions which the planting and the farming +colonies put on the African slave-trade, lay in the fact that the former +limited it mainly from fear of insurrection, the latter mainly because +it did not pay. Naturally, the latter motive worked itself out with much +less legislation than the former; for this reason, and because they held +a smaller number of slaves, most of these colonies have fewer actual +statutes than the Southern colonies. In Pennsylvania alone did this +general economic revolt against the trade acquire a distinct moral +tinge. Although even here the institution was naturally doomed, yet the +clear moral insight of the Quakers checked the trade much earlier than +would otherwise have happened. We may say, then, that the farming +colonies checked the slave-trade primarily from economic motives. + + +FOOTNOTES: + + [1] Smith, _Generall Historie of Virginia_ (1626 and 1632), p. 126. + + [2] Cf. Southey, _History of Brazil_. + + [3] De Laet, in O'Callaghan, _Voyages of the Slavers_, etc., p. viii. + + [4] See, e.g., Sainsbury, _Cal. State Papers; Col. Ser., + America and W. Indies, 1574-1660_, p. 279. + + [5] Cf. below, pp. 27, 32, notes; also _Freedoms_, XXX., in + O'Callaghan, _Laws of New Netherland, 1638-74_ (ed. 1868), p. + 10; Brodhead, _History of New York_, I. 312. + + [6] The following is a summary of the legislation of the + colony of New York; details will be found in Appendix A:-- + + 1709, Duty Act: L3 on Negroes not direct from Africa + (Continued by the Acts of 1710, 1711). + 1711, Bill to lay further duty, lost in Council. + 1716, Duty Act: 5 oz. plate on Africans in colony ships. + 10 oz. plate on Africans in other ships. + 1728, " " 40_s._ on Africans, L4 on colonial Negroes. + 1732, " " 40_s._ on Africans, L4 on colonial Negroes. + 1734, " " (?) + 1753, " " 40_s._ on Africans, L4 on colonial Negroes. + (This act was annually continued.) + [1777, Vermont Constitution does not recognize slavery.] + 1785, Sale of slaves in State prohibited. + [1786, " " in Vermont prohibited.] + 1788, " " in State prohibited. + + [7] O'Callaghan, _Laws of New Netherland, 1638-74_, pp. 31, + 348, etc. The colonists themselves were encouraged to trade, + but the terms were not favorable enough: _Doc. rel. Col. Hist. + New York_, I. 246; _Laws of New Netherland_, pp. 81-2, note, + 127. The colonists declared "that they are inclined to a + foreign Trade, and especially to the Coast of _Africa_, ... in + order to fetch thence Slaves": O'Callaghan, _Voyages of the + Slavers_, etc., p. 172. + + [8] _Charter to William Penn_, etc. (1879), p. 12. First + published on Long Island in 1664. Possibly Negro slaves were + explicitly excepted. Cf. _Magazine of American History_, XI. + 411, and _N.Y. Hist. Soc. Coll._, I. 322. + + [9] _Acts of Assembly, 1691-1718_, pp. 97, 125, 134; _Doc. + rel. Col. Hist. New York_, V. 178, 185, 293. + + [10] The Assembly attempted to raise the slave duty in 1711, + but the Council objected (_Doc. rel. Col. Hist. New York_, V. + 292 ff.), although, as it seems, not on account of the slave + duty in particular. Another act was passed between 1711 and + 1716, but its contents are not known (cf. title of the Act of + 1716). For the Act of 1716, see _Acts of Assembly, 1691-1718_, + p. 224. + + [11] _Doc. rel. Col. Hist. New York_, VI. 37, 38. + + [12] _Doc. rel. Col. Hist. New York_, VI. 32-4. + + [13] _Ibid._, VII. 907. This act was annually renewed. The + slave duty remained a chief source of revenue down to 1774. + Cf. _Report of Governor Tryon_, in _Doc. rel. Col. Hist. New + York_, VIII. 452. + + [14] _Laws of New York, 1785-88_ (ed. 1886), ch. 68, p. 121. + Substantially the same act reappears in the revision of the + laws of 1788: _Ibid._, ch. 40, p. 676. + + [15] The slave population of New York has been estimated as + follows:-- + + In 1698, 2,170. _Doc. rel. Col. Hist. New York_, IV. 420. + " 1703, 2,258. _N.Y. Col. MSS._, XLVIII.; cited in Hough, + _N.Y. Census, 1855_, Introd. + " 1712, 2,425. _Ibid._, LVII., LIX. (a partial census). + " 1723, 6,171. _Doc. rel. Col. Hist. New York_, V. 702. + " 1731, 7,743. _Ibid._, V. 929. + " 1737, 8,941. _Ibid._, VI. 133. + " 1746, 9,107. _Ibid._, VI. 392. + " 1749, 10,692. _Ibid._, VI. 550. + " 1756, 13,548. _London Doc._, XLIV. 123; cited in Hough, + as above. + " 1771, 19,863. _Ibid._, XLIV. 144; cited in Hough, as above. + " 1774, 21,149. _Ibid._, " " " " " + " 1786, 18,889. _Deeds in office Sec. of State_, XXII. 35. + + Total number of Africans imported from 1701 to 1726, 2,375, + of whom 802 were from Africa: O'Callaghan, _Documentary + History of New York_, I. 482. + + [16] Cf. below, Chapter XI. + + [17] _Vermont State Papers, 1779-86_, p. 244. The return of + sixteen slaves in Vermont, by the first census, was an error: + _New England Record_, XXIX. 249. + + [18] _Vermont State Papers_, p. 505. + + [19] The following is a summary of the legislation of the + colony of Pennsylvania and Delaware; details will be found in + Appendix A:-- + + 1705, Duty Act: (?). + 1710, " " 40_s._ (Disallowed). + 1712, " " L20 " + 1712, " " supplementary to the Act of 1710. + 1715, " " L5 (Disallowed). + 1718, " " + 1720, " " (?). + 1722, " " (?). + 1725-6, " " L10. + 1726, " " + 1729, " " L2. + 1761, " " L10. + 1761, " " (?). + 1768, " " re-enactment of the Act of 1761. + 1773, " " perpetual additional duty of L10; total, L20. + 1775, Bill to prohibit importation vetoed by the governor (Delaware). + 1775, Bill to prohibit importation vetoed by the governor. + 1778, Back duties on slaves ordered collected. + 1780, Act for the gradual abolition of slavery. + 1787, Act to prevent the exportation of slaves (Delaware). + 1788, Act to prevent the slave-trade. + + [20] From fac-simile copy, published at Germantown in 1880. + Cf. Whittier's poem, "Pennsylvania Hall" (_Poetical Works_, + Riverside ed., III. 62); and Proud, _History of Pennsylvania_ + (1797), I. 219. + + [21] From fac-simile copy, published at Germantown in 1880. + + [22] Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. + Mem._ (1864), I. 383. + + [23] Cf. Bettle, _Notices of Negro Slavery, passim_. + + [24] Janney, _History of the Friends_, III. 315-7. + + [25] _Ibid._, III. 317. + + [26] Bettle, in _Penn. Hist. Soc. Mem._, I. 395. + + [27] _Penn. Col. Rec._ (1852), II. 530; Bettle, in _Penn. + Hist. Soc. Mem._, I. 415. + + [28] _Laws of Pennsylvania, collected_, etc., 1714, p. 165; + Bettle, in _Penn. Hist. Soc. Mem._, I. 387. + + [29] See preamble of the act. + + [30] The Pennsylvanians did not allow their laws to reach + England until long after they were passed: _Penn. Archives_, + I. 161-2; _Col. Rec._, II. 572-3. These acts were disallowed + Feb. 20, 1713. Another duty act was passed in 1712, + supplementary to the Act of 1710 (_Col. Rec._, II. 553). The + contents are unknown. + + [31] _Acts and Laws of Pennsylvania_, 1715, p. 270; Chalmers, + _Opinions_, II. 118. Before the disallowance was known, the + act had been continued by the Act of 1718: Carey and Bioren, + _Laws of Pennsylvania, 1700-1802_, I. 118; _Penn. Col. Rec._, + III. 38. + + [32] Carey and Bioren, _Laws_, I. 165; _Penn. Col. Rec._, III. + 171; Bettle, in _Penn. Hist. Soc. Mem._, I. 389, note. + + [33] Carey and Bioren, _Laws_, I. 214; Bettle, in _Penn. Hist. + Soc. Mem._, I. 388. Possibly there were two acts this year. + + [34] _Laws of Pennsylvania_ (ed. 1742), p. 354, ch. 287. + Possibly some change in the currency made this change appear + greater than it was. + + [35] Carey and Bioren, _Laws_, I. 371; _Acts of Assembly_ (ed. + 1782), p. 149; Dallas, _Laws_, I. 406, ch. 379. This act was + renewed in 1768: Carey and Bioren, _Laws_, I. 451; _Penn. Col. + Rec._, IX. 472, 637, 641. + + [36] _Penn. Col. Rec._, VIII. 576. + + [37] A large petition called for this bill. Much altercation + ensued with the governor: Dallas, _Laws_, I. 671, ch. 692; + _Penn. Col. Rec._, X. 77; Bettle, in _Penn. Hist. Soc. Mem._, + I. 388-9. + + [38] Dallas, _Laws_, I. 782, ch. 810. + + [39] _Ibid._, I. 838, ch. 881. + + [40] There exist but few estimates of the number of slaves in + this colony:-- + + In 1721, 2,500-5,000. _Doc. rel. Col. Hist. New York_, V. 604. + " 1754, 11,000. Bancroft, _Hist. of United States_ (1883), + II. 391. + " 1760, very few." Burnaby, _Travels through N. Amer._ (2d ed.), + p. 81. + " 1775, 2,000. _Penn. Archives_, IV 597. + + [41] Dallas, _Laws_, II. 586. + + [42] Cf. _Argonautica Gustaviana_, pp. 21-3; _Del. Hist. Soc. + Papers_, III. 10; _Hazard's Register_, IV. 221, Sec.Sec. 23, 24; + _Hazard's Annals_, p. 372; Armstrong, _Record of Upland + Court_, pp. 29-30, and notes. + + [43] Force, _American Archives_, 4th Ser., II. 128-9. + + [44] _Ibid._, 5th Ser., I. 1178; _Laws of Delaware, 1797_ + (Newcastle ed.), p. 884, ch. 145 b. + + [45] The following is a summary of the legislation of the + colony of New Jersey; details will be found in Appendix A:-- + + 1713, Duty Act: L10. + 1763 (?), Duty Act. + 1769, " " L15. + 1774, " " L5 on Africans, L10 on colonial Negroes. + 1786, Importation prohibited. + + [46] Leaming and Spicer, _Grants, Concessions_, etc., p. 398. + Probably this did not refer to Negroes at all. + + [47] Cf. Vincent, _History of Delaware_, I. 159, 381. + + [48] _Laws and Acts of New Jersey, 1703-17_ (ed. 1717), p. 43. + + [49] _N.J. Archives_, IV. 196. There was much difficulty in + passing the bill: _Ibid._, XIII. 516-41. + + [50] _Ibid._, IX. 345-6. The exact provisions of the act I + have not found. + + [51] _Ibid._, IX. 383, 447, 458. Chiefly because the duty was + laid on the importer. + + [52] Allinson, _Acts of Assembly_, pp. 315-6. + + [53] _N.J. Archives_, VI. 222. + + [54] _Acts of the 10th General Assembly_, May 2, 1786. There + are two estimates of the number of slaves in this colony:-- + + In 1738, 3,981. _American Annals_, II. 127. + " 1754, 4,606. " " II. 143. + + * * * * * + + + + +_Chapter IV_ + +THE TRADING COLONIES. + + 16. Character of these Colonies. + 17. New England and the Slave-Trade. + 18. Restrictions in New Hampshire. + 19. Restrictions in Massachusetts. + 20. Restrictions in Rhode Island. + 21. Restrictions in Connecticut. + 22. General Character of these Restrictions. + + +16. ~Character of these Colonies.~ The rigorous climate of New England, +the character of her settlers, and their pronounced political views gave +slavery an even slighter basis here than in the Middle colonies. The +significance of New England in the African slave-trade does not +therefore lie in the fact that she early discountenanced the system of +slavery and stopped importation; but rather in the fact that her +citizens, being the traders of the New World, early took part in the +carrying slave-trade and furnished slaves to the other colonies. An +inquiry, therefore, into the efforts of the New England colonies to +suppress the slave-trade would fall naturally into two parts: first, and +chiefly, an investigation of the efforts to stop the participation of +citizens in the carrying slave-trade; secondly, an examination of the +efforts made to banish the slave-trade from New England soil. + + +17. ~New England and the Slave-Trade.~ Vessels from Massachusetts,[1] +Rhode Island,[2] Connecticut,[3] and, to a less extent, from New +Hampshire,[4] were early and largely engaged in the carrying +slave-trade. "We know," said Thomas Pemberton in 1795, "that a large +trade to Guinea was carried on for many years by the citizens of +Massachusetts Colony, who were the proprietors of the vessels and their +cargoes, out and home. Some of the slaves purchased in Guinea, and I +suppose the greatest part of them, were sold in the West Indies."[5] Dr. +John Eliot asserted that "it made a considerable branch of our +commerce.... It declined very little till the Revolution."[6] Yet the +trade of this colony was said not to equal that of Rhode Island. Newport +was the mart for slaves offered for sale in the North, and a point of +reshipment for all slaves. It was principally this trade that raised +Newport to her commercial importance in the eighteenth century.[7] +Connecticut, too, was an important slave-trader, sending large numbers +of horses and other commodities to the West Indies in exchange for +slaves, and selling the slaves in other colonies. + +This trade formed a perfect circle. Owners of slavers carried slaves to +South Carolina, and brought home naval stores for their ship-building; +or to the West Indies, and brought home molasses; or to other colonies, +and brought home hogsheads. The molasses was made into the highly prized +New England rum, and shipped in these hogsheads to Africa for more +slaves.[8] Thus, the rum-distilling industry indicates to some extent +the activity of New England in the slave-trade. In May, 1752, one +Captain Freeman found so many slavers fitting out that, in spite of the +large importations of molasses, he could get no rum for his vessel.[9] +In Newport alone twenty-two stills were at one time running +continuously;[10] and Massachusetts annually distilled 15,000 hogsheads +of molasses into this "chief manufacture."[11] + +Turning now to restrictive measures, we must first note the measures of +the slave-consuming colonies which tended to limit the trade. These +measures, however, came comparatively late, were enforced with varying +degrees of efficiency, and did not seriously affect the slave-trade +before the Revolution. The moral sentiment of New England put some check +upon the trade. Although in earlier times the most respectable people +took ventures in slave-trading voyages, yet there gradually arose a +moral sentiment which tended to make the business somewhat +disreputable.[12] In the line, however, of definite legal enactments to +stop New England citizens from carrying slaves from Africa to any place +in the world, there were, before the Revolution, none. Indeed, not until +the years 1787-1788 was slave-trading in itself an indictable offence in +any New England State. + +The particular situation in each colony, and the efforts to restrict the +small importing slave-trade of New England, can best be studied in a +separate view of each community. + + +18. ~Restrictions in New Hampshire.~ The statistics of slavery in New +Hampshire show how weak an institution it always was in that colony.[13] +Consequently, when the usual instructions were sent to Governor +Wentworth as to the encouragement he must give to the slave-trade, the +House replied: "We have considered his Maj^{ties} Instruction relating +to an Impost on Negroes & Felons, to which this House answers, that +there never was any duties laid on either, by this Goverm^{t}, and so +few bro't in that it would not be worth the Publick notice, so as to +make an act concerning them."[14] This remained true for the whole +history of the colony. Importation was never stopped by actual +enactment, but was eventually declared contrary to the Constitution of +1784.[15] The participation of citizens in the trade appears never to +have been forbidden. + + +19. ~Restrictions in Massachusetts.~ The early Biblical codes of +Massachusetts confined slavery to "lawfull Captives taken in iust +warres, & such strangers as willingly selle themselves or are sold to +us."[16] The stern Puritanism of early days endeavored to carry this out +literally, and consequently when a certain Captain Smith, about 1640, +attacked an African village and brought some of the unoffending natives +home, he was promptly arrested. Eventually, the General Court ordered +the Negroes sent home at the colony's expense, "conceiving themselues +bound by y^e first oportunity to bear witnes against y^e haynos & crying +sinn of manstealing, as also to P'scribe such timely redresse for what +is past, & such a law for y^e future as may sufficiently deterr all +oth^{r}s belonging to us to have to do in such vile & most odious +courses, iustly abhored of all good & iust men."[17] + +The temptation of trade slowly forced the colony from this high moral +ground. New England ships were early found in the West Indian +slave-trade, and the more the carrying trade developed, the more did the +profits of this branch of it attract Puritan captains. By the beginning +of the eighteenth century the slave-trade was openly recognized as +legitimate commerce; cargoes came regularly to Boston, and "The +merchants of Boston quoted negroes, like any other merchandise demanded +by their correspondents."[18] At the same time, the Puritan conscience +began to rebel against the growth of actual slavery on New England soil. +It was a much less violent wrenching of moral ideas of right and wrong +to allow Massachusetts men to carry slaves to South Carolina than to +allow cargoes to come into Boston, and become slaves in Massachusetts. +Early in the eighteenth century, therefore, opposition arose to the +further importation of Negroes, and in 1705 an act "for the Better +Preventing of a Spurious and Mixt Issue," laid a restrictive duty of L4 +on all slaves imported.[19] One provision of this act plainly +illustrates the attitude of Massachusetts: like the acts of many of the +New England colonies, it allowed a rebate of the whole duty on +re-exportation. The harbors of New England were thus offered as a free +exchange-mart for slavers. All the duty acts of the Southern and Middle +colonies allowed a rebate of one-half or three-fourths of the duty on +the re-exportation of the slave, thus laying a small tax on even +temporary importation. + +The Act of 1705 was evaded, but it was not amended until 1728, when the +penalty for evasion was raised to L100.[20] The act remained in force, +except possibly for one period of four years, until 1749. Meantime the +movement against importation grew. A bill "for preventing the +Importation of Slaves into this Province" was introduced in the +Legislature in 1767, but after strong opposition and disagreement +between House and Council it was dropped.[21] In 1771 the struggle was +renewed. A similar bill passed, but was vetoed by Governor +Hutchinson.[22] The imminent war and the discussions incident to it had +now more and more aroused public opinion, and there were repeated +attempts to gain executive consent to a prohibitory law. In 1774 such a +bill was twice passed, but never received assent.[23] + +The new Revolutionary government first met the subject in the case of +two Negroes captured on the high seas, who were advertised for sale at +Salem. A resolution was introduced into the Legislature, directing the +release of the Negroes, and declaring "That the selling and enslaving +the human species is a direct violation of the natural rights alike +vested in all men by their Creator, and utterly inconsistent with the +avowed principles on which this, and the other United States, have +carried their struggle for liberty even to the last appeal." To this the +Council would not consent; and the resolution, as finally passed, merely +forbade the sale or ill-treatment of the Negroes.[24] Committees on the +slavery question were appointed in 1776 and 1777,[25] and although a +letter to Congress on the matter, and a bill for the abolition of +slavery were reported, no decisive action was taken. + +All such efforts were finally discontinued, as the system was already +practically extinct in Massachusetts and the custom of importation had +nearly ceased. Slavery was eventually declared by judicial decision to +have been abolished.[26] The first step toward stopping the +participation of Massachusetts citizens in the slave-trade outside the +State was taken in 1785, when a committee of inquiry was appointed by +the Legislature.[27] No act was, however, passed until 1788, when +participation in the trade was prohibited, on pain of L50 forfeit for +every slave and L200 for every ship engaged.[28] + + +20. ~Restrictions in Rhode Island.~ In 1652 Rhode Island passed a law +designed to prohibit life slavery in the colony. It declared that +"Whereas, there is a common course practised amongst English men to buy +negers, to that end they may have them for service or slaves forever; +for the preventinge of such practices among us, let it be ordered, that +no blacke mankind or white being forced by covenant bond, or otherwise, +to serve any man or his assighnes longer than ten yeares, or untill they +come to bee twentie four yeares of age, if they bee taken in under +fourteen, from the time of their cominge within the liberties of this +Collonie. And at the end or terme of ten yeares to sett them free, as +the manner is with the English servants. And that man that will not let +them goe free, or shall sell them away elsewhere, to that end that they +may bee enslaved to others for a long time, hee or they shall forfeit to +the Collonie forty pounds."[29] + +This law was for a time enforced,[30] but by the beginning of the +eighteenth century it had either been repealed or become a dead letter; +for the Act of 1708 recognized perpetual slavery, and laid an impost of +L3 on Negroes imported.[31] This duty was really a tax on the transport +trade, and produced a steady income for twenty years.[32] From the year +1700 on, the citizens of this State engaged more and more in the +carrying trade, until Rhode Island became the greatest slave-trader in +America. Although she did not import many slaves for her own use, she +became the clearing-house for the trade of other colonies. Governor +Cranston, as early as 1708, reported that between 1698 and 1708 one +hundred and three vessels were built in the State, all of which were +trading to the West Indies and the Southern colonies.[33] They took out +lumber and brought back molasses, in most cases making a slave voyage in +between. From this, the trade grew. Samuel Hopkins, about 1770, was +shocked at the state of the trade: more than thirty distilleries were +running in the colony, and one hundred and fifty vessels were in the +slave-trade.[34] "Rhode Island," said he, "has been more deeply +interested in the slave-trade, and has enslaved more Africans than any +other colony in New England." Later, in 1787, he wrote: "The inhabitants +of Rhode Island, especially those of Newport, have had by far the +greater share in this traffic, of all these United States. This trade in +human species has been the first wheel of commerce in Newport, on which +every other movement in business has chiefly depended. That town has +been built up, and flourished in times past, at the expense of the +blood, the liberty, and happiness of the poor Africans; and the +inhabitants have lived on this, and by it have gotten most of their +wealth and riches."[35] + +The Act of 1708 was poorly enforced. The "good intentions" of its +framers "were wholly frustrated" by the clandestine "hiding and +conveying said negroes out of the town [Newport] into the country, where +they lie concealed."[36] The act was accordingly strengthened by the +Acts of 1712 and 1715, and made to apply to importations by land as well +as by sea.[37] The Act of 1715, however, favored the trade by admitting +African Negroes free of duty. The chaotic state of Rhode Island did not +allow England often to review her legislation; but as soon as the Act of +1712 came to notice it was disallowed, and accordingly repealed in +1732.[38] Whether the Act of 1715 remained, or whether any other duty +act was passed, is not clear. + +While the foreign trade was flourishing, the influence of the Friends +and of other causes eventually led to a movement against slavery as a +local institution. Abolition societies multiplied, and in 1770 an +abolition bill was ordered by the Assembly, but it was never passed.[39] +Four years later the city of Providence resolved that "as personal +liberty is an essential part of the natural rights of mankind," the +importation of slaves and the system of slavery should cease in the +colony.[40] This movement finally resulted, in 1774, in an act +"prohibiting the importation of Negroes into this Colony,"--a law which +curiously illustrated the attitude of Rhode Island toward the +slave-trade. The preamble of the act declared: "Whereas, the inhabitants +of America are generally engaged in the preservation of their own rights +and liberties, among which, that of personal freedom must be considered +as the greatest; as those who are desirous of enjoying all the +advantages of liberty themselves, should be willing to extend personal +liberty to others;--Therefore," etc. The statute then proceeded to enact +"that for the future, no negro or mulatto slave shall be brought into +this colony; and in case any slave shall hereafter be brought in, he or +she shall be, and are hereby, rendered immediately free...." The logical +ending of such an act would have been a clause prohibiting the +participation of Rhode Island citizens in the slave-trade. Not only was +such a clause omitted, but the following was inserted instead: +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave brought from the coast of Africa, +into the West Indies, on board any vessel belonging to this colony, and +which negro or mulatto slave could not be disposed of in the West +Indies, but shall be brought into this colony. Provided, that the owner +of such negro or mulatto slave give bond ... that such negro or mulatto +slave shall be exported out of the colony, within one year from the date +of such bond; if such negro or mulatto be alive, and in a condition to +be removed."[41] + +In 1779 an act to prevent the sale of slaves out of the State was +passed,[42] and in 1784, an act gradually to abolish slavery.[43] Not +until 1787 did an act pass to forbid participation in the slave-trade. +This law laid a penalty of L100 for every slave transported and L1000 +for every vessel so engaged.[44] + + +21. ~Restrictions in Connecticut.~ Connecticut, in common with the other +colonies of this section, had a trade for many years with the West +Indian slave markets; and though this trade was much smaller than that +of the neighboring colonies, yet many of her citizens were engaged in +it. A map of Middletown at the time of the Revolution gives, among one +hundred families, three slave captains and "three notables" designated +as "slave-dealers."[45] + +The actual importation was small,[46] and almost entirely unrestricted +before the Revolution, save by a few light, general duty acts. In 1774 +the further importation of slaves was prohibited, because "the increase +of slaves in this Colony is injurious to the poor and inconvenient." The +law prohibited importation under any pretext by a penalty of L100 per +slave.[47] This was re-enacted in 1784, and provisions were made for the +abolition of slavery.[48] In 1788 participation in the trade was +forbidden, and the penalty placed at L50 for each slave and L500 for +each ship engaged.[49] + + +22. ~General Character of these Restrictions.~ Enough has already been +said to show, in the main, the character of the opposition to the +slave-trade in New England. The system of slavery had, on this soil and +amid these surroundings, no economic justification, and the small number +of Negroes here furnished no political arguments against them. The +opposition to the importation was therefore from the first based solely +on moral grounds, with some social arguments. As to the carrying trade, +however, the case was different. Here, too, a feeble moral opposition +was early aroused, but it was swept away by the immense economic +advantages of the slave traffic to a thrifty seafaring community of +traders. This trade no moral suasion, not even the strong "Liberty" cry +of the Revolution, was able wholly to suppress, until the closing of the +West Indian and Southern markets cut off the demand for slaves. + + +FOOTNOTES: + + [1] Cf. Weeden, _Economic and Social History of New England_, + II. 449-72; G.H. Moore, _Slavery in Massachusetts_; Charles + Deane, _Connection of Massachusetts with Slavery_. + + [2] Cf. _American Historical Record_, I. 311, 338. + + [3] Cf. W.C. Fowler, _Local Law in Massachusetts and + Connecticut_, etc., pp. 122-6. + + [4] _Ibid._, p. 124. + + [5] Deane, _Letters and Documents relating to Slavery in + Massachusetts_, in _Mass. Hist. Soc. Coll._, 5th Ser., III. + 392. + + [6] _Ibid._, III. 382. + + [7] Weeden, _Economic and Social History of New England_, II. + 454. + + [8] A typical voyage is that of the brigantine "Sanderson" of + Newport. She was fitted out in March, 1752, and carried, + beside the captain, two mates and six men, and a cargo of + 8,220 gallons of rum, together with "African" iron, flour, + pots, tar, sugar, and provisions, shackles, shirts, and water. + Proceeding to Africa, the captain after some difficulty sold + his cargo for slaves, and in April, 1753, he is expected in + Barbadoes, as the consignees write. They also state that + slaves are selling at L33 to L56 per head in lots. After a + stormy and dangerous voyage, Captain Lindsay arrived, June 17, + 1753, with fifty-six slaves, "all in helth & fatt." He also + had 40 oz. of gold dust, and 8 or 9 cwt. of pepper. The net + proceeds of the sale of all this was L1,324 3_d._ The captain + then took on board 55 hhd. of molasses and 3 hhd. 27 bbl. of + sugar, amounting to L911 77_s._ 21/2_d._, received bills on + Liverpool for the balance, and returned in safety to Rhode + Island. He had done so well that he was immediately given a + new ship and sent to Africa again. _American Historical + Record_, I. 315-9, 338-42. + + [9] _Ibid._, I. 316. + + [10] _American Historical Record_, I. 317. + + [11] _Ibid._, I. 344; cf. Weeden, _Economic and Social History + of New England_, II. 459. + + [12] Cf. _New England Register_, XXXI. 75-6, letter of John + Saffin _et al._ to Welstead. Cf. also Sewall, _Protest_, etc. + + [13] The number of slaves in New Hampshire has been estimated + as follows: + + In 1730, 200. _N.H. Hist. Soc. Coll._, I. 229. + " 1767, 633. _Granite Monthly_, IV. 108. + " 1773, 681. _Ibid._ + " 1773, 674. _N.H. Province Papers_, X. 636. + " 1775, 479. _Granite Monthly_, IV. 108. + " 1790, 158. _Ibid._ + + [14] _N.H. Province Papers_, IV. 617. + + [15] _Granite Monthly_, VI. 377; Poore, _Federal and State + Constitutions_, pp. 1280-1. + + [16] Cf. _The Body of Liberties_, Sec. 91, in Whitmore, + _Bibliographical Sketch of the Laws of the Massachusetts + Colony_, published at Boston in 1890. + + [17] _Mass. Col. Rec._, II. 168, 176; III. 46, 49, 84. + + [18] Weeden, _Economic and Social History of New England_, II. + 456. + + [19] _Mass. Province Laws, 1705-6_, ch. 10. + + [20] _Ibid._, _1728-9_, ch. 16; _1738-9_, ch. 27. + + [21] For petitions of towns, cf. Felt, _Annals of Salem_ + (1849), II. 416; _Boston Town Records, 1758-69_, p. 183. Cf. + also Otis's anti-slavery speech in 1761; John Adams, _Works_, + X. 315. For proceedings, see _House Journal_, 1767, pp. 353, + 358, 387, 390, 393, 408, 409-10, 411, 420. Cf. Samuel Dexter's + answer to Dr. Belknap's inquiry, Feb. 23, 1795, in Deane + (_Mass. Hist. Soc. Coll._, 5th Ser., III. 385). A committee on + slave importation was appointed in 1764. Cf. _House Journal_, + 1763-64, p. 170. + + [22] _House Journal_, 1771, pp. 211, 215, 219, 228, 234, 236, + 240, 242-3; Moore, _Slavery in Massachusetts_, pp. 131-2. + + [23] Felt, _Annals of Salem_ (1849), II. 416-7; Swan, + _Dissuasion to Great Britain_, etc. (1773), p. x; Washburn, + _Historical Sketches of Leicester, Mass._, pp. 442-3; Freeman, + _History of Cape Cod_, II. 114; Deane, in _Mass. Hist. Soc. + Coll._, 5th Ser., III. 432; Moore, _Slavery in Massachusetts_, + pp. 135-40; Williams, _History of the Negro Race in America_, + I. 234-6; _House Journal_, March, 1774, pp. 224, 226, 237, + etc.; June, 1774, pp. 27, 41, etc. For a copy of the bill, see + Moore. + + [24] _Mass. Hist. Soc. Proceedings, 1855-58_, p. 196; Force, + _American Archives_, 5th Ser., II. 769; _House Journal_, 1776, + pp. 105-9; _General Court Records_, March 13, 1776, etc., pp. + 581-9; Moore, _Slavery in Massachusetts_, pp. 149-54. Cf. + Moore, pp. 163-76. + + [25] Moore, _Slavery in Massachusetts_, pp. 148-9, 181-5. + + [26] Washburn, _Extinction of Slavery in Massachusetts_; + Haynes, _Struggle for the Constitution in Massachusetts_; La + Rochefoucauld, _Travels through the United States_, II. 166. + + [27] Moore, _Slavery in Massachusetts_, p. 225. + + [28] _Perpetual Laws of Massachusetts, 1780-89_, p. 235. The + number of slaves in Massachusetts has been estimated as + follows:-- + + In 1676, 200. Randolph's _Report_, in _Hutchinson's Coll. + of Papers_, p. 485. + " 1680, 120. Deane, _Connection of Mass. with Slavery_, + p. 28 ff. + " 1708, 550. _Ibid._; Moore, _Slavery in Mass._, p. 50. + " 1720, 2,000. _Ibid._ + " 1735, 2,600. Deane, _Connection of Mass. with Slavery_, + p. 28 ff. + " 1749, 3,000. _Ibid._ + " 1754, 4,489. _Ibid._ + " 1763, 5,000. _Ibid._ + " 1764-5, 5,779. _Ibid._ + " 1776, 5,249. _Ibid._ + " 1784, 4,377. Moore, _Slavery in Mass._, p. 51. + " 1786, 4,371. _Ibid._ + " 1790, 6,001. _Ibid._ + + [29] _R.I. Col. Rec._, I. 240. + + [30] Cf. letter written in 1681: _New England Register_, XXXI. + 75-6. Cf. also Arnold, _History of Rhode Island_, I. 240. + + [31] The text of this act is lost (_Col. Rec._, IV. 34; + Arnold, _History of Rhode Island_, II. 31). The Acts of Rhode + Island were not well preserved, the first being published in + Boston in 1719. Perhaps other whole acts are lost. + + [32] E.g., it was expended to pave the streets of Newport, to + build bridges, etc.: _R.I. Col. Rec._, IV. 191-3, 225. + + [33] _Ibid._, IV. 55-60. + + [34] Patten, _Reminiscences of Samuel Hopkins_ (1843), p. 80. + + [35] Hopkins, _Works_ (1854), II. 615. + + [36] Preamble of the Act of 1712. + + [37] _R.I. Col. Rec._, IV. 131-5, 138, 143, 191-3. + + [38] _R.I. Col. Rec._, IV. 471. + + [39] Arnold, _History of Rhode Island_, II. 304, 321, 337. For + a probable copy of the bill, see _Narragansett Historical + Register_, II. 299. + + [40] A man dying intestate left slaves, who became thus the + property of the city; they were freed, and the town made the + above resolve, May 17, 1774, in town meeting: Staples, _Annals + of Providence_ (1843), p. 236. + + [41] _R.I. Col. Rec._, VII. 251-2. + + [42] _Bartlett's Index_, p. 329; Arnold, _History of Rhode + Island_, II. 444; _R.I. Col. Rec._, VIII. 618. + + [43] _R.I. Col. Rec._, X. 7-8; Arnold, _History of Rhode + Island_, II. 506. + + [44] _Bartlett's Index_, p. 333; _Narragansett Historical + Register_, II. 298-9. The number of slaves in Rhode Island has + been estimated as follows:-- + + In 1708, 426. _R.I. Col. Rec._, IV. 59. + " 1730, 1,648. _R.I. Hist. Tracts_, No. 19, pt. 2, p. 99. + " 1749, 3,077. Williams, _History of the Negro Race in America_, + I. 281. + " 1756, 4,697. _Ibid._ + " 1774, 3,761. _R.I. Col. Rec._, VII. 253. + + [45] Fowler, _Local Law_, etc., p. 124. + + [46] The number of slaves in Connecticut has been estimated as + follows:-- + + In 1680, 30. _Conn. Col. Rec._, III. 298. + " 1730, 700. Williams, _History of the Negro Race in America_, + I. 259. + " 1756, 3,636. Fowler, _Local Law_, etc., p. 140. + " 1762, 4,590. Williams, _History of the Negro Race in America_, + I. 260. + " 1774, 6,562. Fowler, _Local Law_, etc., p. 140. + " 1782, 6,281. Fowler, _Local Law_, etc., p. 140. + " 1800, 5,281. _Ibid._, p. 141. + + [47] _Conn. Col. Rec._, XIV 329. Fowler (pp. 125-6) says that + the law was passed in 1769, as does Sanford (p. 252). I find + no proof of this. There was in Connecticut the same Biblical + legislation on the trade as in Massachusetts. Cf. _Laws of + Connecticut_ (repr. 1865), p. 9; also _Col. Rec._, I. 77. For + general duty acts, see _Col. Rec._, V 405; VIII. 22; IX. 283; + XIII. 72, 125. + + [48] _Acts and Laws of Connecticut_ (ed. 1784), pp. 233-4. + + [49] _Ibid._, pp. 368, 369, 388. + + * * * * * + + + + +_Chapter V_ + +THE PERIOD OF THE REVOLUTION. 1774-1787. + + 23. The Situation in 1774. + 24. The Condition of the Slave-Trade. + 25. The Slave-Trade and the "Association." + 26. The Action of the Colonies. + 27. The Action of the Continental Congress. + 28. Reception of the Slave-Trade Resolution. + 29. Results of the Resolution. + 30. The Slave-Trade and Public Opinion after the War. + 31. The Action of the Confederation. + + +23. ~The Situation in 1774.~ In the individual efforts of the various +colonies to suppress the African slave-trade there may be traced certain +general movements. First, from 1638 to 1664, there was a tendency to +take a high moral stand against the traffic. This is illustrated in the +laws of New England, in the plans for the settlement of Delaware and, +later, that of Georgia, and in the protest of the German Friends. The +second period, from about 1664 to 1760, has no general unity, but is +marked by statutes laying duties varying in design from encouragement to +absolute prohibition, by some cases of moral opposition, and by the slow +but steady growth of a spirit unfavorable to the long continuance of the +trade. The last colonial period, from about 1760 to 1787, is one of +pronounced effort to regulate, limit, or totally prohibit the traffic. +Beside these general movements, there are many waves of legislation, +easily distinguishable, which rolled over several or all of the colonies +at various times, such as the series of high duties following the +Assiento, and the acts inspired by various Negro "plots." + +Notwithstanding this, the laws of the colonies before 1774 had no +national unity, the peculiar circumstances of each colony determining +its legislation. With the outbreak of the Revolution came unison in +action with regard to the slave-trade, as with regard to other matters, +which may justly be called national. It was, of course, a critical +period,--a period when, in the rapid upheaval of a few years, the +complicated and diverse forces of decades meet, combine, act, and react, +until the resultant seems almost the work of chance. In the settlement +of the fate of slavery and the slave-trade, however, the real crisis +came in the calm that succeeded the storm, in that day when, in the +opinion of most men, the question seemed already settled. And indeed it +needed an exceptionally clear and discerning mind, in 1787, to deny that +slavery and the slave-trade in the United States of America were doomed +to early annihilation. It seemed certainly a legitimate deduction from +the history of the preceding century to conclude that, as the system had +risen, flourished, and fallen in Massachusetts, New York, and +Pennsylvania, and as South Carolina, Virginia, and Maryland were +apparently following in the same legislative path, the next generation +would in all probability witness the last throes of the system on our +soil. + +To be sure, the problem had its uncertain quantities. The motives of the +law-makers in South Carolina and Pennsylvania were dangerously +different; the century of industrial expansion was slowly dawning and +awakening that vast economic revolution in which American slavery was to +play so prominent and fatal a role; and, finally, there were already in +the South faint signs of a changing moral attitude toward slavery, which +would no longer regard the system as a temporary makeshift, but rather +as a permanent though perhaps unfortunate necessity. With regard to the +slave-trade, however, there appeared to be substantial unity of opinion; +and there were, in 1787, few things to indicate that a cargo of five +hundred African slaves would openly be landed in Georgia in 1860. + + +24. ~The Condition of the Slave-Trade.~ In 1760 England, the chief +slave-trading nation, was sending on an average to Africa 163 ships +annually, with a tonnage of 18,000 tons, carrying exports to the value +of L163,818. Only about twenty of these ships regularly returned to +England. Most of them carried slaves to the West Indies, and returned +laden with sugar and other products. Thus may be formed some idea of the +size and importance of the slave-trade at that time, although for a +complete view we must add to this the trade under the French, +Portuguese, Dutch, and Americans. The trade fell off somewhat toward +1770, but was flourishing again when the Revolution brought a sharp and +serious check upon it, bringing down the number of English slavers, +clearing, from 167 in 1774 to 28 in 1779, and the tonnage from 17,218 to +3,475 tons. After the war the trade gradually recovered, and by 1786 had +reached nearly its former extent. In 1783 the British West Indies +received 16,208 Negroes from Africa, and by 1787 the importation had +increased to 21,023. In this latter year it was estimated that the +British were taking annually from Africa 38,000 slaves; the French, +20,000; the Portuguese, 10,000; the Dutch and Danes, 6,000; a total of +74,000. Manchester alone sent L180,000 annually in goods to Africa in +exchange for Negroes.[1] + + +25. ~The Slave-Trade and the "Association."~ At the outbreak of the +Revolution six main reasons, some of which were old and of slow growth, +others peculiar to the abnormal situation of that time, led to concerted +action against the slave-trade. The first reason was the economic +failure of slavery in the Middle and Eastern colonies; this gave rise to +the presumption that like failure awaited the institution in the South. +Secondly, the new philosophy of "Freedom" and the "Rights of man," which +formed the corner-stone of the Revolution, made the dullest realize +that, at the very least, the slave-trade and a struggle for "liberty" +were not consistent. Thirdly, the old fear of slave insurrections, which +had long played so prominent a part in legislation, now gained new power +from the imminence of war and from the well-founded fear that the +British might incite servile uprisings. Fourthly, nearly all the +American slave markets were, in 1774-1775, overstocked with slaves, and +consequently many of the strongest partisans of the system were "bulls" +on the market, and desired to raise the value of their slaves by at +least a temporary stoppage of the trade. Fifthly, since the vested +interests of the slave-trading merchants were liable to be swept away by +the opening of hostilities, and since the price of slaves was low,[2] +there was from this quarter little active opposition to a cessation of +the trade for a season. Finally, it was long a favorite belief of the +supporters of the Revolution that, as English exploitation of colonial +resources had caused the quarrel, the best weapon to bring England to +terms was the economic expedient of stopping all commercial intercourse +with her. Since, then, the slave-trade had ever formed an important part +of her colonial traffic, it was one of the first branches of commerce +which occurred to the colonists as especially suited to their ends.[3] + +Such were the complicated moral, political, and economic motives which +underlay the first national action against the slave-trade. This action +was taken by the "Association," a union of the colonies entered into to +enforce the policy of stopping commercial intercourse with England. The +movement was not a great moral protest against an iniquitous traffic; +although it had undoubtedly a strong moral backing, it was primarily a +temporary war measure. + + +26. ~The Action of the Colonies.~ The earlier and largely abortive +attempts to form non-intercourse associations generally did not mention +slaves specifically, although the Virginia House of Burgesses, May 11, +1769, recommended to merchants and traders, among other things, to +agree, "That they will not import any slaves, or purchase any imported +after the first day of November next, until the said acts are +repealed."[4] Later, in 1774, when a Faneuil Hall meeting started the +first successful national attempt at non-intercourse, the slave-trade, +being at the time especially flourishing, received more attention. Even +then slaves were specifically mentioned in the resolutions of but three +States. Rhode Island recommended a stoppage of "all trade with Great +Britain, Ireland, Africa and the West Indies."[5] North Carolina, in +August, 1774, resolved in convention "That we will not import any slave +or slaves, or purchase any slave or slaves, imported or brought into +this Province by others, from any part of the world, after the first day +of _November_ next."[6] Virginia gave the slave-trade especial +prominence, and was in reality the leading spirit to force her views on +the Continental Congress. The county conventions of that colony first +took up the subject. Fairfax County thought "that during our present +difficulties and distress, no slaves ought to be imported," and said: +"We take this opportunity of declaring our most earnest wishes to see an +entire stop forever put to such a wicked, cruel, and unnatural +trade."[7] Prince George and Nansemond Counties resolved "That the +_African_ trade is injurious to this Colony, obstructs the population of +it by freemen, prevents manufacturers and other useful emigrants from +_Europe_ from settling amongst us, and occasions an annual increase of +the balance of trade against this Colony."[8] The Virginia colonial +convention, August, 1774, also declared: "We will neither ourselves +import, nor purchase any slave or slaves imported by any other person, +after the first day of _November_ next, either from _Africa_, the _West +Indies_, or any other place."[9] + +In South Carolina, at the convention July 6, 1774, decided opposition to +the non-importation scheme was manifested, though how much this was due +to the slave-trade interest is not certain. Many of the delegates wished +at least to limit the powers of their representatives, and the +Charleston Chamber of Commerce flatly opposed the plan of an +"Association." Finally, however, delegates with full powers were sent to +Congress. The arguments leading to this step were not in all cases on +the score of patriotism; a Charleston manifesto argued: "The planters +are greatly in arrears to the merchants; a stoppage of importation would +give them all an opportunity to extricate themselves from debt. The +merchants would have time to settle their accounts, and be ready with +the return of liberty to renew trade."[10] + + +27. ~The Action of the Continental Congress.~ The first Continental +Congress met September 5, 1774, and on September 22 recommended +merchants to send no more orders for foreign goods.[11] On September 27 +"Mr. Lee made a motion for a non-importation," and it was unanimously +resolved to import no goods from Great Britain after December 1, +1774.[12] Afterward, Ireland and the West Indies were also included, and +a committee consisting of Low of New York, Mifflin of Pennsylvania, Lee +of Virginia, and Johnson of Connecticut were appointed "to bring in a +Plan for carrying into Effect the Non-importation, Non-consumption, and +Non-exportation resolved on."[13] The next move was to instruct this +committee to include in the proscribed articles, among other things, +"Molasses, Coffee or Piemento from the _British_ Plantations or from +_Dominica_,"--a motion which cut deep into the slave-trade circle of +commerce, and aroused some opposition. "Will, can, the people bear a +total interruption of the West India trade?" asked Low of New York; "Can +they live without rum, sugar, and molasses? Will not this impatience and +vexation defeat the measure?"[14] + +The committee finally reported, October 12, 1774, and after three days' +discussion and amendment the proposal passed. This document, after a +recital of grievances, declared that, in the opinion of the colonists, a +non-importation agreement would best secure redress; goods from Great +Britain, Ireland, the East and West Indies, and Dominica were excluded; +and it was resolved that "We will neither import, nor purchase any Slave +imported after the First Day of _December_ next; after which Time, we +will wholly discontinue the Slave Trade, and will neither be concerned +in it ourselves, nor will we hire our Vessels, nor sell our Commodities +or Manufactures to those who are concerned in it."[15] + +Strong and straightforward as this resolution was, time unfortunately +proved that it meant very little. Two years later, in this same +Congress, a decided opposition was manifested to branding the +slave-trade as inhuman, and it was thirteen years before South Carolina +stopped the slave-trade or Massachusetts prohibited her citizens from +engaging in it. The passing of so strong a resolution must be explained +by the motives before given, by the character of the drafting +committee, by the desire of America in this crisis to appear well +before the world, and by the natural moral enthusiasm aroused by the +imminence of a great national struggle. + + +28. ~Reception of the Slave-Trade Resolution.~ The unanimity with which +the colonists received this "Association" is not perhaps as remarkable +as the almost entire absence of comment on the radical slave-trade +clause. A Connecticut town-meeting in December, 1774, noticed "with +singular pleasure ... the second Article of the Association, in which it +is agreed to import no more Negro Slaves."[16] This comment appears to +have been almost the only one. There were in various places some +evidences of disapproval; but only in the State of Georgia was this +widespread and determined, and based mainly on the slave-trade +clause.[17] This opposition delayed the ratification meeting until +January 18, 1775, and then delegates from but five of the twelve +parishes appeared, and many of these had strong instructions against the +approval of the plan. Before this meeting could act, the governor +adjourned it, on the ground that it did not represent the province. Some +of the delegates signed an agreement, one article of which promised to +stop the importation of slaves March 15, 1775, i.e., four months later +than the national "Association" had directed. This was not, of course, +binding on the province; and although a town like Darien might declare +"our disapprobation and abhorrence of the unnatural practice of Slavery +in _America_"[18] yet the powerful influence of Savannah was "not likely +soon to give matters a favourable turn. The importers were mostly +against any interruption, and the consumers very much divided."[19] Thus +the efforts of this Assembly failed, their resolutions being almost +unknown, and, as a gentleman writes, "I hope for the honour of the +Province ever will remain so."[20] The delegates to the Continental +Congress selected by this rump assembly refused to take their seats. +Meantime South Carolina stopped trade with Georgia, because it "hath not +acceded to the Continental Association,"[21] and the single Georgia +parish of St. Johns appealed to the second Continental Congress to +except it from the general boycott of the colony. This county had +already resolved not to "purchase any Slave imported at _Savannah_ +(large Numbers of which we understand are there expected) till the Sense +of Congress shall be made known to us."[22] + +May 17, 1775, Congress resolved unanimously "That all exportations to +_Quebec_, _Nova-Scotia_, the Island of _St. John's_, _Newfoundland_, +_Georgia_, except the Parish of _St. John's_, and to _East_ and _West +Florida_, immediately cease."[23] These measures brought the refractory +colony to terms, and the Provincial Congress, July 4, 1775, finally +adopted the "Association," and resolved, among other things, "That we +will neither import or purchase any Slave imported from Africa, or +elsewhere, after this day."[24] + +The non-importation agreement was in the beginning, at least, well +enforced by the voluntary action of the loosely federated nation. The +slave-trade clause seems in most States to have been observed with the +others. In South Carolina "a cargo of near three hundred slaves was sent +out of the Colony by the consignee, as being interdicted by the second +article of the Association."[25] In Virginia the vigilance committee of +Norfolk "hold up for your just indignation Mr. _John Brown_, Merchant, +of this place," who has several times imported slaves from Jamaica; and +he is thus publicly censured "to the end that all such foes to the +rights of _British America_ may be publickly known ... as the enemies of +_American_ Liberty, and that every person may henceforth break off all +dealings with him."[26] + + +29. ~Results of the Resolution.~ The strain of war at last proved too +much for this voluntary blockade, and after some hesitancy Congress, +April 3, 1776, resolved to allow the importation of articles not the +growth or manufacture of Great Britain, except tea. They also voted +"That no slaves be imported into any of the thirteen United +Colonies."[27] This marks a noticeable change of attitude from the +strong words of two years previous: the former was a definitive promise; +this is a temporary resolve, which probably represented public opinion +much better than the former. On the whole, the conclusion is inevitably +forced on the student of this first national movement against the +slave-trade, that its influence on the trade was but temporary and +insignificant, and that at the end of the experiment the outlook for the +final suppression of the trade was little brighter than before. The +whole movement served as a sort of social test of the power and +importance of the slave-trade, which proved to be far more powerful than +the platitudes of many of the Revolutionists had assumed. + +The effect of the movement on the slave-trade in general was to begin, +possibly a little earlier than otherwise would have been the case, that +temporary breaking up of the trade which the war naturally caused. +"There was a time, during the late war," says Clarkson, "when the slave +trade may be considered as having been nearly abolished."[28] The prices +of slaves rose correspondingly high, so that smugglers made +fortunes.[29] It is stated that in the years 1772-1778 slave merchants +of Liverpool failed for the sum of L710,000.[30] All this, of course, +might have resulted from the war, without the "Association;" but in the +long run the "Association" aided in frustrating the very designs which +the framers of the first resolve had in mind; for the temporary stoppage +in the end created an extraordinary demand for slaves, and led to a +slave-trade after the war nearly as large as that before. + + +30. ~The Slave-Trade and Public Opinion after the War.~ The Declaration +of Independence showed a significant drift of public opinion from the +firm stand taken in the "Association" resolutions. The clique of +political philosophers to which Jefferson belonged never imagined the +continued existence of the country with slavery. It is well known that +the first draft of the Declaration contained a severe arraignment of +Great Britain as the real promoter of slavery and the slave-trade in +America. In it the king was charged with waging "cruel war against human +nature itself, violating its most sacred rights of life and liberty in +the persons of a distant people who never offended him, captivating and +carrying them into slavery in another hemisphere, or to incur miserable +death in their transportation thither. This piratical warfare, the +opprobrium of _infidel_ powers, is the warfare of the _Christian_ king +of Great Britain. Determined to keep open a market where _men_ should be +bought and sold, he has prostituted his negative for suppressing every +legislative attempt to prohibit or to restrain this execrable commerce. +And that this assemblage of horrors might want no fact of distinguished +die, he is now exciting those very people to rise in arms among us, and +to purchase that liberty of which he has deprived them, by murdering the +people on whom he also obtruded them: thus paying off former crimes +committed against the _liberties_ of one people with crimes which he +urges them to commit against the _lives_ of another."[31] + +To this radical and not strictly truthful statement, even the large +influence of the Virginia leaders could not gain the assent of the +delegates in Congress. The afflatus of 1774 was rapidly subsiding, and +changing economic conditions had already led many to look forward to a +day when the slave-trade could successfully be reopened. More important +than this, the nation as a whole was even less inclined now than in 1774 +to denounce the slave-trade uncompromisingly. Jefferson himself says +that this clause "was struck out in complaisance to South Carolina and +Georgia, who had never attempted to restrain the importation of slaves, +and who, on the contrary, still wished to continue it. Our northern +brethren also, I believe," said he, "felt a little tender under those +censures; for though their people had very few slaves themselves, yet +they had been pretty considerable carriers of them to others."[32] + +As the war slowly dragged itself to a close, it became increasingly +evident that a firm moral stand against slavery and the slave-trade was +not a probability. The reaction which naturally follows a period of +prolonged and exhausting strife for high political principles now set +in. The economic forces of the country, which had suffered most, sought +to recover and rearrange themselves; and all the selfish motives that +impelled a bankrupt nation to seek to gain its daily bread did not long +hesitate to demand a reopening of the profitable African slave-trade. +This demand was especially urgent from the fact that the slaves, by +pillage, flight, and actual fighting, had become so reduced in numbers +during the war that an urgent demand for more laborers was felt in the +South. + +Nevertheless, the revival of the trade was naturally a matter of some +difficulty, as the West India circuit had been cut off, leaving no +resort except to contraband traffic and the direct African trade. The +English slave-trade after the peace "returned to its former state," and +was by 1784 sending 20,000 slaves annually to the West Indies.[33] Just +how large the trade to the continent was at this time there are few +means of ascertaining; it is certain that there was a general reopening +of the trade in the Carolinas and Georgia, and that the New England +traders participated in it. This traffic undoubtedly reached +considerable proportions; and through the direct African trade and the +illicit West India trade many thousands of Negroes came into the United +States during the years 1783-1787.[34] + +Meantime there was slowly arising a significant divergence of opinion on +the subject. Probably the whole country still regarded both slavery and +the slave-trade as temporary; but the Middle States expected to see the +abolition of both within a generation, while the South scarcely thought +it probable to prohibit even the slave-trade in that short time. Such a +difference might, in all probability, have been satisfactorily adjusted, +if both parties had recognized the real gravity of the matter. As it +was, both regarded it as a problem of secondary importance, to be solved +after many other more pressing ones had been disposed of. The +anti-slavery men had seen slavery die in their own communities, and +expected it to die the same way in others, with as little active effort +on their own part. The Southern planters, born and reared in a slave +system, thought that some day the system might change, and possibly +disappear; but active effort to this end on their part was ever farthest +from their thoughts. Here, then, began that fatal policy toward slavery +and the slave-trade that characterized the nation for three-quarters of +a century, the policy of _laissez-faire, laissez-passer_. + + +31. ~The Action of the Confederation.~ The slave-trade was hardly +touched upon in the Congress of the Confederation, except in the +ordinance respecting the capture of slaves, and on the occasion of the +Quaker petition against the trade, although, during the debate on the +Articles of Confederation, the counting of slaves as well as of freemen +in the apportionment of taxes was urged as a measure that would check +further importation of Negroes. "It is our duty," said Wilson of +Pennsylvania, "to lay every discouragement on the importation of slaves; +but this amendment [i.e., to count two slaves as one freeman] would give +the _jus trium liberorum_ to him who would import slaves."[35] The +matter was finally compromised by apportioning requisitions according to +the value of land and buildings. + +After the Articles went into operation, an ordinance in regard to the +recapture of fugitive slaves provided that, if the capture was made on +the sea below high-water mark, and the Negro was not claimed, he should +be freed. Matthews of South Carolina demanded the yeas and nays on this +proposition, with the result that only the vote of his State was +recorded against it.[36] + +On Tuesday, October 3, 1783, a deputation from the Yearly Meeting of the +Pennsylvania, New Jersey, and Delaware Friends asked leave to present a +petition. Leave was granted the following day,[37] but no further minute +appears. According to the report of the Friends, the petition was +against the slave-trade; and "though the Christian rectitude of the +concern was by the Delegates generally acknowledged, yet not being +vested with the powers of legislation, they declined promoting any +public remedy against the gross national iniquity of trafficking in the +persons of fellow-men."[38] + +The only legislative activity in regard to the trade during the +Confederation was taken by the individual States.[39] Before 1778 +Connecticut, Vermont, Pennsylvania, Delaware, and Virginia had by law +stopped the further importation of slaves, and importation had +practically ceased in all the New England and Middle States, including +Maryland. In consequence of the revival of the slave-trade after the +War, there was then a lull in State activity until 1786, when North +Carolina laid a prohibitive duty, and South Carolina, a year later, +began her series of temporary prohibitions. In 1787-1788 the New England +States forbade the participation of their citizens in the traffic. It +was this wave of legislation against the traffic which did so much to +blind the nation as to the strong hold which slavery still had on the +country. + + +FOOTNOTES: + + [1] These figures are from the _Report of the Lords of the + Committee of Council_, etc. (London, 1789). + + [2] Sheffield, _Observations on American Commerce_, p. 28; + P.L. Ford, _The Association of the First Congress_, in + _Political Science Quarterly_, VI. 615-7. + + [3] Cf., e.g., Arthur Lee's letter to R.H. Lee, March 18, + 1774, in which non-intercourse is declared "the only advisable + and sure mode of defence": Force, _American Archives_, 4th + Ser., I. 229. Cf. also _Ibid._, p. 240; Ford, in _Political + Science Quarterly_, VI. 614-5. + + [4] Goodloe, _Birth of the Republic_, p. 260. + + [5] Staples, _Annals of Providence_ (1843), p. 235. + + [6] Force, _American Archives_, 4th Ser., I. 735. This was + probably copied from the Virginia resolve. + + [7] Force, _American Archives_, 4th Ser., I. 600. + + [8] _Ibid._, I. 494, 530. Cf. pp. 523, 616, 641, etc. + + [9] _Ibid._, I. 687. + + [10] _Ibid._, I. 511, 526. Cf. also p. 316. + + [11] _Journals of Cong._, I. 20. Cf. Ford, in _Political + Science Quarterly_, VI. 615-7. + + [12] John Adams, _Works_, II. 382. + + [13] _Journals of Cong._, I. 21. + + [14] _Ibid._, I. 24; Drayton; _Memoirs of the American + Revolution_, I. 147; John Adams, _Works_, II. 394. + + [15] _Journals of Cong._, I. 27, 32-8. + + [16] Danbury, Dec. 12, 1774: Force, _American Archives_, 4th + Ser., I. 1038. This case and that of Georgia are the only ones + I have found in which the slave-trade clause was specifically + mentioned. + + [17] Force, _American Archives_, 4th Ser., I. 1033, 1136, + 1160, 1163; II. 279-281, 1544; _Journals of Cong._, May 13, + 15, 17, 1775. + + [18] Force, _American Archives_, 4th Ser., I. 1136. + + [19] _Ibid._, II. 279-81. + + [20] _Ibid._, I. 1160. + + [21] Force, _American Archives_, 4th Ser., I. 1163. + + [22] _Journals of Cong._, May 13, 15, 1775. + + [23] _Ibid._, May 17, 1775. + + [24] Force, _American Archives_, 4th Ser., II. 1545. + + [25] Drayton, _Memoirs of the American Revolution_, I. 182. + Cf. pp. 181-7; Ramsay, _History of S. Carolina_, I. 231. + + [26] Force, _American Archives_, 4th Ser., II. 33-4. + + [27] _Journals of Cong._, II. 122. + + [28] Clarkson, _Impolicy of the Slave-Trade_, pp. 125-8. + + [29] _Ibid._, pp. 25-6. + + [30] _Ibid._ + + [31] Jefferson, _Works_ (Washington, 1853-4), I. 23-4. On the + Declaration as an anti-slavery document, cf. Elliot, _Debates_ + (1861), I. 89. + + [32] Jefferson, _Works_ (Washington, 1853-4), I. 19. + + [33] Clarkson, _Impolicy of the Slave-Trade_, pp. 25-6; + _Report_, etc., as above. + + [34] Witness the many high duty acts on slaves, and the + revenue derived therefrom. Massachusetts had sixty + distilleries running in 1783. Cf. Sheffield, _Observations on + American Commerce_, p. 267. + + [35] Elliot, _Debates_, I. 72-3. Cf. Art. 8 of the Articles of + Confederation. + + [36] _Journals of Cong._, 1781, June 25; July 18; Sept. 21, + 27; Nov. 8, 13, 30; Dec. 4. + + [37] _Ibid._, 1782-3, pp. 418-9, 425. + + [38] _Annals of Cong._, 1 Cong. 2 sess. p. 1183. + + [39] Cf. above, chapters ii., iii., iv. + + * * * * * + + + + +_Chapter VI_ + +THE FEDERAL CONVENTION. 1787. + + 32. The First Proposition. + 33. The General Debate. + 34. The Special Committee and the "Bargain." + 35. The Appeal to the Convention. + 36. Settlement by the Convention. + 37. Reception of the Clause by the Nation. + 38. Attitude of the State Conventions. + 39. Acceptance of the Policy. + + +32. ~The First Proposition.~ Slavery occupied no prominent place in the +Convention called to remedy the glaring defects of the Confederation, +for the obvious reason that few of the delegates thought it expedient to +touch a delicate subject which, if let alone, bade fair to settle itself +in a manner satisfactory to all. Consequently, neither slavery nor the +slave-trade is specifically mentioned in the delegates' credentials of +any of the States, nor in Randolph's, Pinckney's, or Hamilton's plans, +nor in Paterson's propositions. Indeed, the debate from May 14 to June +19, when the Committee of the Whole reported, touched the subject only +in the matter of the ratio of representation of slaves. With this same +exception, the report of the Committee of the Whole contained no +reference to slavery or the slave-trade, and the twenty-three +resolutions of the Convention referred to the Committee of Detail, July +23 and 26, maintain the same silence. + +The latter committee, consisting of Rutledge, Randolph, Gorham, +Ellsworth, and Wilson, reported a draft of the Constitution August 6, +1787. The committee had, in its deliberations, probably made use of a +draft of a national Constitution made by Edmund Randolph.[1] One clause +of this provided that "no State shall lay a duty on imports;" and, also, +"1. No duty on exports. 2. No prohibition on such inhabitants as the +United States think proper to admit. 3. No duties by way of such +prohibition." It does not appear that any reference to Negroes was here +intended. In the extant copy, however, notes in Edward Rutledge's +handwriting change the second clause to "No prohibition on such +inhabitants or people as the several States think proper to admit."[2] +In the report, August 6, these clauses take the following form:-- + + "Article VII. Section 4. No tax or duty shall be laid by the + legislature on articles exported from any state; nor on the + migration or importation of such persons as the several states + shall think proper to admit; nor shall such migration or + importation be prohibited."[3] + + +33. ~The General Debate.~ This, of course, referred both to immigrants +("migration") and to slaves ("importation").[4] Debate on this section +began Tuesday, August 22, and lasted two days. Luther Martin of Maryland +precipitated the discussion by a proposition to alter the section so as +to allow a prohibition or tax on the importation of slaves. The debate +immediately became general, being carried on principally by Rutledge, +the Pinckneys, and Williamson from the Carolinas; Baldwin of Georgia; +Mason, Madison, and Randolph of Virginia; Wilson and Gouverneur Morris +of Pennsylvania; Dickinson of Delaware; and Ellsworth, Sherman, Gerry, +King, and Langdon of New England.[5] + +In this debate the moral arguments were prominent. Colonel George Mason +of Virginia denounced the traffic in slaves as "infernal;" Luther Martin +of Maryland regarded it as "inconsistent with the principles of the +revolution, and dishonorable to the American character." "Every +principle of honor and safety," declared John Dickinson of Delaware, +"demands the exclusion of slaves." Indeed, Mason solemnly averred that +the crime of slavery might yet bring the judgment of God on the nation. +On the other side, Rutledge of South Carolina bluntly declared that +religion and humanity had nothing to do with the question, that it was a +matter of "interest" alone. Gerry of Massachusetts wished merely to +refrain from giving direct sanction to the trade, while others contented +themselves with pointing out the inconsistency of condemning the +slave-trade and defending slavery. + +The difficulty of the whole argument, from the moral standpoint, lay in +the fact that it was completely checkmated by the obstinate attitude of +South Carolina and Georgia. Their delegates--Baldwin, the Pinckneys, +Rutledge, and others--asserted flatly, not less than a half-dozen times +during the debate, that these States "can never receive the plan if it +prohibits the slave-trade;" that "if the Convention thought" that these +States would consent to a stoppage of the slave-trade, "the expectation +is vain."[6] By this stand all argument from the moral standpoint was +virtually silenced, for the Convention evidently agreed with Roger +Sherman of Connecticut that "it was better to let the Southern States +import slaves than to part with those States." + +In such a dilemma the Convention listened not unwillingly to the _non +possumus_ arguments of the States' Rights advocates. The "morality and +wisdom" of slavery, declared Ellsworth of Connecticut, "are +considerations belonging to the States themselves;" let every State +"import what it pleases;" the Confederation has not "meddled" with the +question, why should the Union? It is a dangerous symptom of +centralization, cried Baldwin of Georgia; the "central States" wish to +be the "vortex for everything," even matters of "a local nature." The +national government, said Gerry of Massachusetts, had nothing to do with +slavery in the States; it had only to refrain from giving direct +sanction to the system. Others opposed this whole argument, declaring, +with Langdon of New Hampshire, that Congress ought to have this power, +since, as Dickinson tartly remarked, "The true question was, whether the +national happiness would be promoted or impeded by the importation; and +this question ought to be left to the national government, not to the +states particularly interested." + +Beside these arguments as to the right of the trade and the proper seat +of authority over it, many arguments of general expediency were +introduced. From an economic standpoint, for instance, General C.C. +Pinckney of South Carolina "contended, that the importation of slaves +would be for the interest of the whole Union. The more slaves, the more +produce." Rutledge of the same State declared: "If the Northern States +consult their interest, they will not oppose the increase of slaves, +which will increase the commodities of which they will become the +carriers." This sentiment found a more or less conscious echo in the +words of Ellsworth of Connecticut, "What enriches a part enriches the +whole." It was, moreover, broadly hinted that the zeal of Maryland and +Virginia against the trade had an economic rather than a humanitarian +motive, since they had slaves enough and to spare, and wished to sell +them at a high price to South Carolina and Georgia, who needed more. In +such case restrictions would unjustly discriminate against the latter +States. The argument from history was barely touched upon. Only once was +there an allusion to "the example of all the world" "in all ages" to +justify slavery,[7] and once came the counter declaration that "Greece +and Rome were made unhappy by their slaves."[8] On the other hand, the +military weakness of slavery in the late war led to many arguments on +that score. Luther Martin and George Mason dwelt on the danger of a +servile class in war and insurrection; while Rutledge hotly replied that +he "would readily exempt the other states from the obligation to protect +the Southern against them;" and Ellsworth thought that the very danger +would "become a motive to kind treatment." The desirability of keeping +slavery out of the West was once mentioned as an argument against the +trade: to this all seemed tacitly to agree.[9] + +Throughout the debate it is manifest that the Convention had no desire +really to enter upon a general slavery argument. The broader and more +theoretic aspects of the question were but lightly touched upon here and +there. Undoubtedly, most of the members would have much preferred not to +raise the question at all; but, as it was raised, the differences of +opinion were too manifest to be ignored, and the Convention, after its +first perplexity, gradually and perhaps too willingly set itself to work +to find some "middle ground" on which all parties could stand. The way +to this compromise was pointed out by the South. The most radical +pro-slavery arguments always ended with the opinion that "if the +Southern States were let alone, they will probably of themselves stop +importations."[10] To be sure, General Pinckney admitted that, +"candidly, he did not think South Carolina would stop her importations +of slaves in any short time;" nevertheless, the Convention "observed," +with Roger Sherman, "that the abolition of slavery seemed to be going on +in the United States, and that the good sense of the several states +would probably by degrees complete it." Economic forces were evoked to +eke out moral motives: when the South had its full quota of slaves, like +Virginia it too would abolish the trade; free labor was bound finally to +drive out slave labor. Thus the chorus of "_laissez-faire_" increased; +and compromise seemed at least in sight, when Connecticut cried, "Let +the trade alone!" and Georgia denounced it as an "evil." Some few +discordant notes were heard, as, for instance, when Wilson of +Pennsylvania made the uncomforting remark, "If South Carolina and +Georgia were themselves disposed to get rid of the importation of slaves +in a short time, as had been suggested, they would never refuse to unite +because the importation might be prohibited." + +With the spirit of compromise in the air, it was not long before the +general terms were clear. The slavery side was strongly intrenched, and +had a clear and definite demand. The forces of freedom were, on the +contrary, divided by important conflicts of interest, and animated by no +very strong and decided anti-slavery spirit with settled aims. Under +such circumstances, it was easy for the Convention to miss the +opportunity for a really great compromise, and to descend to a scheme +that savored unpleasantly of "log-rolling." The student of the situation +will always have good cause to believe that a more sturdy and definite +anti-slavery stand at this point might have changed history for the +better. + + +34. ~The Special Committee and the "Bargain."~ Since the debate had, in +the first place, arisen from a proposition to tax the importation of +slaves, the yielding of this point by the South was the first move +toward compromise. To all but the doctrinaires, who shrank from taxing +men as property, the argument that the failure to tax slaves was +equivalent to a bounty, was conclusive. With this point settled, +Randolph voiced the general sentiment, when he declared that he "was for +committing, in order that some middle ground might, if possible, be +found." Finally, Gouverneur Morris discovered the "middle ground," in +his suggestion that the whole subject be committed, "including the +clauses relating to taxes on exports and to a navigation act. These +things," said he, "may form a bargain among the Northern and Southern +States." This was quickly assented to; and sections four and five, on +slave-trade and capitation tax, were committed by a vote of 7 to 3,[11] +and section six, on navigation acts, by a vote of 9 to 2.[12] All three +clauses were referred to the following committee: Langdon of New +Hampshire, King of Massachusetts, Johnson of Connecticut, Livingston of +New Jersey, Clymer of Pennsylvania, Dickinson of Delaware, Martin of +Maryland, Madison of Virginia, Williamson of North Carolina, General +Pinckney of South Carolina, and Baldwin of Georgia. + +The fullest account of the proceedings of this committee is given in +Luther Martin's letter to his constituents, and is confirmed in its main +particulars by similar reports of other delegates. Martin writes: "A +committee of _one_ member from each state was chosen by ballot, to take +this part of the system under their consideration, and to endeavor to +agree upon some report which should reconcile those states [i.e., South +Carolina and Georgia]. To this committee also was referred the following +proposition, which had been reported by the committee of detail, viz.: +'No navigation act shall be passed without the assent of two thirds of +the members present in each house'--a proposition which the staple and +commercial states were solicitous to retain, lest their commerce should +be placed too much under the power of the Eastern States, but which +these last States were as anxious to reject. This committee--of which +also I had the honor to be a member--met, and took under their +consideration the subjects committed to them. I found the _Eastern_ +States, notwithstanding their _aversion to slavery_, were very willing +to indulge the Southern States at least with a temporary liberty to +prosecute the slave trade, provided the Southern States would, in their +turn, gratify _them_, by laying no restriction on navigation acts; and +after a very little time, the committee, by a great majority, agreed on +a report, by which the general government was to be prohibited from +preventing the importation of slaves for a limited time, and the +restrictive clause relative to navigation acts was to be omitted."[13] + +That the "bargain" was soon made is proven by the fact that the +committee reported the very next day, Friday, August 24, and that on +Saturday the report was taken up. It was as follows: "Strike out so much +of the fourth section as was referred to the committee, and insert 'The +migration or importation of such persons as the several states, now +existing, shall think proper to admit, shall not be prohibited by the +legislature prior to the year 1800; but a tax or duty may be imposed on +such migration or importation, at a rate not exceeding the average of +the duties laid on imports.' The fifth section to remain as in the +report. The sixth section to be stricken out."[14] + + +35. ~The Appeal to the Convention.~ The ensuing debate,[15] which lasted +only a part of the day, was evidently a sort of appeal to the House on +the decisions of the committee. It throws light on the points of +disagreement. General Pinckney first proposed to extend the +slave-trading limit to 1808, and Gorham of Massachusetts seconded the +motion. This brought a spirited protest from Madison: "Twenty years will +produce all the mischief that can be apprehended from the liberty to +import slaves. So long a term will be more dishonorable to the American +character than to say nothing about it in the Constitution."[16] There +was, however, evidently another "bargain" here; for, without farther +debate, the South and the East voted the extension, 7 to 4, only New +Jersey, Pennsylvania, Delaware, and Virginia objecting. The ambiguous +phraseology of the whole slave-trade section as reported did not pass +without comment; Gouverneur Morris would have it read: "The importation +of slaves into North Carolina, South Carolina, and Georgia, shall not be +prohibited," etc.[17] This emendation was, however, too painfully +truthful for the doctrinaires, and was, amid a score of objections, +withdrawn. The taxation clause also was manifestly too vague for +practical use, and Baldwin of Georgia wished to amend it by inserting +"common impost on articles not enumerated," in lieu of the "average" +duty.[18] This minor point gave rise to considerable argument: Sherman +and Madison deprecated any such recognition of property in man as taxing +would imply; Mason and Gorham argued that the tax restrained the trade; +while King, Langdon, and General Pinckney contented themselves with the +remark that this clause was "the price of the first part." Finally, it +was unanimously agreed to make the duty "not exceeding ten dollars for +each person."[19] + +Southern interests now being safe, some Southern members attempted, a +few days later, to annul the "bargain" by restoring the requirement of a +two-thirds vote in navigation acts. Charles Pinckney made the motion, in +an elaborate speech designed to show the conflicting commercial +interests of the States; he declared that "The power of regulating +commerce was a pure concession on the part of the Southern States."[20] +Martin and Williamson of North Carolina, Butler of South Carolina, and +Mason of Virginia defended the proposition, insisting that it would be a +dangerous concession on the part of the South to leave navigation acts +to a mere majority vote. Sherman of Connecticut, Morris of Pennsylvania, +and Spaight of North Carolina declared that the very diversity of +interest was a security. Finally, by a vote of 7 to 4, Maryland, +Virginia, North Carolina, and Georgia being in the minority, the +Convention refused to consider the motion, and the recommendation of the +committee passed.[21] + +When, on September 10, the Convention was discussing the amendment +clause of the Constitution, the ever-alert Rutledge, perceiving that +the results of the laboriously settled "bargain" might be endangered, +declared that he "never could agree to give a power by which the +articles relating to slaves might be altered by the states not +interested in that property."[22] As a result, the clause finally +adopted, September 15, had the proviso: "Provided, that no amendment +which may be made prior to the year 1808 shall in any manner affect the +1st and 4th clauses in the 9th section of the 1st article."[23] + + +36. ~Settlement by the Convention.~ Thus, the slave-trade article of the +Constitution stood finally as follows:-- + + "Article I. Section 9. The Migration or Importation of such + Persons as any of the States now existing shall think proper to + admit, shall not be prohibited by the Congress prior to the Year + one thousand eight hundred and eight, but a Tax or duty may be + imposed on such Importation, not exceeding ten dollars for each + Person." + +This settlement of the slavery question brought out distinct differences +of moral attitude toward the institution, and yet differences far from +hopeless. To be sure, the South apologized for slavery, the Middle +States denounced it, and the East could only tolerate it from afar; and +yet all three sections united in considering it a temporary institution, +the corner-stone of which was the slave-trade. No one of them had ever +seen a system of slavery without an active slave-trade; and there were +probably few members of the Convention who did not believe that the +foundations of slavery had been sapped merely by putting the abolition +of the slave-trade in the hands of Congress twenty years hence. Here lay +the danger; for when the North called slavery "temporary," she thought +of twenty or thirty years, while the "temporary" period of the South was +scarcely less than a century. Meantime, for at least a score of years, a +policy of strict _laissez-faire_, so far as the general government was +concerned, was to intervene. Instead of calling the whole moral energy +of the people into action, so as gradually to crush this portentous +evil, the Federal Convention lulled the nation to sleep by a "bargain," +and left to the vacillating and unripe judgment of the States one of the +most threatening of the social and political ills which they were so +courageously seeking to remedy. + + +37. ~Reception of the Clause by the Nation.~ When the proposed +Constitution was before the country, the slave-trade article came in for +no small amount of condemnation and apology. In the pamphlets of the day +it was much discussed. One of the points in Mason's "Letter of +Objections" was that "the general legislature is restrained from +prohibiting the further importation of slaves for twenty odd years, +though such importations render the United States weaker, more +vulnerable, and less capable of defence."[24] To this Iredell replied, +through the columns of the _State Gazette_ of North Carolina: "If all +the States had been willing to adopt this regulation [i.e., to prohibit +the slave-trade], I should as an individual most heartily have approved +of it, because even if the importation of slaves in fact rendered us +stronger, less vulnerable and more capable of defence, I should rejoice +in the prohibition of it, as putting an end to a trade which has already +continued too long for the honor and humanity of those concerned in it. +But as it was well known that South Carolina and Georgia thought a +further continuance of such importations useful to them, and would not +perhaps otherwise have agreed to the new constitution, those States +which had been importing till they were satisfied, could not with +decency have insisted upon their relinquishing advantages themselves had +already enjoyed. Our situation makes it necessary to bear the evil as it +is. It will be left to the future legislatures to allow such +importations or not. If any, in violation of their clear conviction of +the injustice of this trade, persist in pursuing it, this is a matter +between God and their own consciences. The interests of humanity will, +however, have gained something by the prohibition of this inhuman trade, +though at a distance of twenty odd years."[25] + +"Centinel," representing the Quaker sentiment of Pennsylvania, attacked +the clause in his third letter, published in the _Independent Gazetteer, +or The Chronicle of Freedom_, November 8, 1787: "We are told that the +objects of this article are slaves, and that it is inserted to secure to +the southern states the right of introducing negroes for twenty-one +years to come, against the declared sense of the other states to put an +end to an odious traffic in the human species, which is especially +scandalous and inconsistent in a people, who have asserted their own +liberty by the sword, and which dangerously enfeebles the districts +wherein the laborers are bondsmen. The words, dark and ambiguous, such +as no plain man of common sense would have used, are evidently chosen to +conceal from Europe, that in this enlightened country, the practice of +slavery has its advocates among men in the highest stations. When it is +recollected that no poll tax can be imposed on _five_ negroes, above +what _three_ whites shall be charged; when it is considered, that the +imposts on the consumption of Carolina field negroes must be trifling, +and the excise nothing, it is plain that the proportion of +contributions, which can be expected from the southern states under the +new constitution, will be unequal, and yet they are to be allowed to +enfeeble themselves by the further importation of negroes till the year +1808. Has not the concurrence of the five southern states (in the +convention) to the new system, been purchased too dearly by the +rest?"[26] + +Noah Webster's "Examination" (1787) addressed itself to such Quaker +scruples: "But, say the enemies of slavery, negroes may be imported for +twenty-one years. This exception is addressed to the quakers, and a very +pitiful exception it is. The truth is, Congress cannot prohibit the +importation of slaves during that period; but the laws against the +importation into particular states, stand unrepealed. An immediate +abolition of slavery would bring ruin upon the whites, and misery upon +the blacks, in the southern states. The constitution has therefore +wisely left each state to pursue its own measures, with respect to this +article of legislation, during the period of twenty-one years."[27] + +The following year the "Examination" of Tench Coxe said: "The temporary +reservation of any particular matter must ever be deemed an admission +that it should be done away. This appears to have been well understood. +In addition to the arguments drawn from liberty, justice and religion, +opinions against this practice [i.e., of slave-trading], founded in +sound policy, have no doubt been urged. Regard was necessarily paid to +the peculiar situation of our southern fellow-citizens; but they, on the +other hand, have not been insensible of the delicate situation of our +national character on this subject."[28] + +From quite different motives Southern men defended this section. For +instance, Dr. David Ramsay, a South Carolina member of the Convention, +wrote in his "Address": "It is farther objected, that they have +stipulated for a right to prohibit the importation of negroes after 21 +years. On this subject observe, as they are bound to protect us from +domestic violence, they think we ought not to increase our exposure to +that evil, by an unlimited importation of slaves. Though Congress may +forbid the importation of negroes after 21 years, it does not follow +that they will. On the other hand, it is probable that they will not. +The more rice we make, the more business will be for their shipping; +their interest will therefore coincide with ours. Besides, we have other +sources of supply--the importation of the ensuing 20 years, added to the +natural increase of those we already have, and the influx from our +northern neighbours who are desirous of getting rid of their slaves, +will afford a sufficient number for cultivating all the lands in this +state."[29] + +Finally, _The Federalist_, No. 41, written by James Madison, commented +as follows: "It were doubtless to be wished, that the power of +prohibiting the importation of slaves had not been postponed until the +year 1808, or rather, that it had been suffered to have immediate +operation. But it is not difficult to account, either for this +restriction on the General Government, or for the manner in which the +whole clause is expressed. It ought to be considered as a great point +gained in favor of humanity, that a period of twenty years may terminate +forever, within these States, a traffic which has so long and so loudly +upbraided the barbarism of modern policy; that within that period, it +will receive a considerable discouragement from the Federal Government, +and may be totally abolished, by a concurrence of the few States which +continue the unnatural traffic, in the prohibitory example which has +been given by so great a majority of the Union. Happy would it be for +the unfortunate Africans, if an equal prospect lay before them of being +redeemed from the oppressions of their European brethren! + +"Attempts have been made to pervert this clause into an objection +against the Constitution, by representing it on one side as a criminal +toleration of an illicit practice, and on another, as calculated to +prevent voluntary and beneficial emigrations from Europe to America. I +mention these misconstructions, not with a view to give them an answer, +for they deserve none; but as specimens of the manner and spirit, in +which some have thought fit to conduct their opposition to the proposed +Government."[30] + + +38. ~Attitude of the State Conventions.~ The records of the proceedings +in the various State conventions are exceedingly meagre. In nearly all +of the few States where records exist there is found some opposition to +the slave-trade clause. The opposition was seldom very pronounced or +bitter; it rather took the form of regret, on the one hand that the +Convention went so far, and on the other hand that it did not go +farther. Probably, however, the Constitution was never in danger of +rejection on account of this clause. + +Extracts from a few of the speeches, _pro_ and _con_, in various States +will best illustrate the character of the arguments. In reply to some +objections expressed in the Pennsylvania convention, Wilson said, +December 3, 1787: "I consider this as laying the foundation for +banishing slavery out of this country; and though the period is more +distant than I could wish, yet it will produce the same kind, gradual +change, which was pursued in Pennsylvania."[31] Robert Barnwell declared +in the South Carolina convention, January 17, 1788, that this clause +"particularly pleased" him. "Congress," he said, "has guarantied this +right for that space of time, and at its expiration may continue it as +long as they please. This question then arises--What will their interest +lead them to do? The Eastern States, as the honorable gentleman says, +will become the carriers of America. It will, therefore, certainly be +their interest to encourage exportation to as great an extent as +possible; and if the quantum of our products will be diminished by the +prohibition of negroes, I appeal to the belief of every man, whether he +thinks those very carriers will themselves dam up the sources from +whence their profit is derived. To think so is so contradictory to the +general conduct of mankind, that I am of opinion, that, without we +ourselves put a stop to them, the traffic for negroes will continue +forever."[32] + +In Massachusetts, January 30, 1788, General Heath said: "The gentlemen +who have spoken have carried the matter rather too far on both sides. I +apprehend that it is not in our power to do anything for or against +those who are in slavery in the southern States.... Two questions +naturally arise, if we ratify the Constitution: Shall we do anything by +our act to hold the blacks in slavery? or shall we become partakers of +other men's sins? I think neither of them. Each State is sovereign and +independent to a certain degree, and they have a right, and will +regulate their own internal affairs, as to themselves appears +proper."[33] Iredell said, in the North Carolina convention, July 26, +1788: "When the entire abolition of slavery takes place, it will be an +event which must be pleasing to every generous mind, and every friend of +human nature.... But as it is, this government is nobly distinguished +above others by that very provision."[34] + +Of the arguments against the clause, two made in the Massachusetts +convention are typical. The Rev. Mr. Neal said, January 25, 1788, that +"unless his objection [to this clause] was removed, he could not put his +hand to the Constitution."[35] General Thompson exclaimed, "Shall it be +said, that after we have established our own independence and freedom, +we make slaves of others?"[36] Mason, in the Virginia convention, June +15, 1788, said: "As much as I value a union of all the states, I would +not admit the Southern States into the Union unless they agree to the +discontinuance of this disgraceful trade.... Yet they have not secured +us the property of the slaves we have already. So that 'they have done +what they ought not to have done, and have left undone what they ought +to have done.'"[37] Joshua Atherton, who led the opposition in the New +Hampshire convention, said: "The idea that strikes those who are opposed +to this clause so disagreeably and so forcibly is,--hereby it is +conceived (if we ratify the Constitution) that we become _consenters to_ +and _partakers in_ the sin and guilt of this abominable traffic, at +least for a certain period, without any positive stipulation that it +shall even then be brought to an end."[38] + +In the South Carolina convention Lowndes, January 16, 1788, attacked the +slave-trade clause. "Negroes," said he, "were our wealth, our only +natural resource; yet behold how our kind friends in the north were +determined soon to tie up our hands, and drain us of what we had! The +Eastern States drew their means of subsistence, in a great measure, from +their shipping; and, on that head, they had been particularly careful +not to allow of any burdens.... Why, then, call this a reciprocal +bargain, which took all from one party, to bestow it on the other!"[39] + +In spite of this discussion in the different States, only one State, +Rhode Island, went so far as to propose an amendment directing Congress +to "promote and establish such laws and regulations as may effectually +prevent the importation of slaves of every description, into the United +States."[40] + + +39. ~Acceptance of the Policy.~ As in the Federal Convention, so in the +State conventions, it is noticeable that the compromise was accepted by +the various States from widely different motives.[41] Nevertheless, +these motives were not fixed and unchangeable, and there was still +discernible a certain underlying agreement in the dislike of slavery. +One cannot help thinking that if the devastation of the late war had not +left an extraordinary demand for slaves in the South,--if, for instance, +there had been in 1787 the same plethora in the slave-market as in +1774,--the future history of the country would have been far different. +As it was, the twenty-one years of _laissez-faire_ were confirmed by the +States, and the nation entered upon the constitutional period with the +slave-trade legal in three States,[42] and with a feeling of quiescence +toward it in the rest of the Union. + + +FOOTNOTES: + + [1] Conway, _Life and Papers of Edmund Randolph_, ch. ix. + + [2] Conway, _Life and Papers of Edmund Randolph_, p. 78. + + [3] Elliot, _Debates_, I. 227. + + [4] Cf. Conway, _Life and Papers of Edmund Randolph_, pp. + 78-9. + + [5] For the following debate, Madison's notes (Elliot, + _Debates_, V. 457 ff.) are mainly followed. + + [6] Cf. Elliot, _Debates_, V, _passim_. + + [7] By Charles Pinckney. + + [8] By John Dickinson. + + [9] Mentioned in the speech of George Mason. + + [10] Charles Pinckney. Baldwin of Georgia said that if the + State were left to herself, "she may probably put a stop to + the evil": Elliot, _Debates_, V. 459. + + [11] _Affirmative:_ Connecticut, New Jersey, Maryland, + Virginia, North Carolina, South Carolina, Georgia,--7. + _Negative:_ New Hampshire, Pennsylvania, Delaware,--3. + _Absent:_ Massachusetts,--1. + + [12] _Negative:_ Connecticut and New Jersey. + + [13] Luther Martin's letter, in Elliot, _Debates_, I. 373. Cf. + explanations of delegates in the South Carolina, North + Carolina, and other conventions. + + [14] Elliot, _Debates_, V. 471. + + [15] Saturday, Aug. 25, 1787. + + [16] Elliot, _Debates_, V. 477. + + [17] Elliot, _Debates_, V. 477. Dickinson made a similar + motion, which was disagreed to: _Ibid._ + + [18] _Ibid._, V. 478. + + [19] _Ibid._ + + [20] Aug. 29: _Ibid._, V. 489. + + [21] _Ibid._, V. 492. + + [22] Elliot, _Debates_, V. 532. + + [23] _Ibid._, I. 317. + + [24] P.L. Ford, _Pamphlets on the Constitution_, p. 331. + + [25] _Ibid._, p. 367. + + [26] McMaster and Stone, _Pennsylvania and the Federal + Convention_, pp. 599-600. Cf. also p. 773. + + [27] See Ford, _Pamphlets_, etc., p. 54. + + [28] Ford, _Pamphlets_, etc., p. 146. + + [29] "Address to the Freemen of South Carolina on the Subject + of the Federal Constitution": _Ibid._, p. 378. + + [30] Published in the _New York Packet_, Jan. 22, 1788; + reprinted in Dawson's _Foederalist_, I. 290-1. + + [31] Elliot, _Debates_, II. 452. + + [32] Elliot, _Debates_, IV. 296-7. + + [33] Published in _Debates of the Massachusetts Convention_, + 1788, p. 217 ff. + + [34] Elliot, _Debates_, IV. 100-1. + + [35] Published in _Debates of the Massachusetts Convention_, + 1788, p. 208. + + [36] _Ibid._ + + [37] Elliot, _Debates_, III. 452-3. + + [38] Walker, _Federal Convention of New Hampshire_, App. 113; + Elliot, Debates, II. 203. + + [39] Elliot, _Debates_, IV. 273. + + [40] Updike's _Minutes_, in Staples, _Rhode Island in the + Continental Congress_, pp. 657-8, 674-9. Adopted by a majority + of one in a convention of seventy. + + [41] In five States I have found no mention of the subject + (Delaware, New Jersey, Georgia, Connecticut, and Maryland). In + the Pennsylvania convention there was considerable debate, + partially preserved in Elliot's and Lloyd's _Debates_. In the + Massachusetts convention the debate on this clause occupied a + part of two or three days, reported in published debates. In + South Carolina there were several long speeches, reported in + Elliot's _Debates_. Only three speeches made in the New + Hampshire convention seem to be extant, and two of these are + on the slave-trade: cf. Walker and Elliot. The Virginia + convention discussed the clause to considerable extent: see + Elliot. The clause does not seem to have been a cause of North + Carolina's delay in ratification, although it occasioned some + discussion: see Elliot. In Rhode Island "much debate ensued," + and in this State alone was an amendment proposed: see + Staples, _Rhode Island in the Continental Congress_. In New + York the Committee of the Whole "proceeded through sections 8, + 9 ... with little or no debate": Elliot, _Debates_, II. 406. + + [42] South Carolina, Georgia, and North Carolina. North + Carolina had, however, a prohibitive duty. + + * * * * * + + + + +_Chapter VII_ + +TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, 1787-1806. + + 40. Influence of the Haytian Revolution. + 41. Legislation of the Southern States. + 42. Legislation of the Border States. + 43. Legislation of the Eastern States. + 44. First Debate in Congress, 1789. + 45. Second Debate in Congress, 1790. + 46. The Declaration of Powers, 1790. + 47. The Act of 1794. + 48. The Act of 1800. + 49. The Act of 1803. + 50. State of the Slave-Trade from 1789 to 1803. + 51. The South Carolina Repeal of 1803. + 52. The Louisiana Slave-Trade, 1803-1805. + 53. Last Attempts at Taxation, 1805-1806. + 54. Key-Note of the Period. + + +40. ~Influence of the Haytian Revolution.~ The role which the great +Negro Toussaint, called L'Ouverture, played in the history of the United +States has seldom been fully appreciated. Representing the age of +revolution in America, he rose to leadership through a bloody terror, +which contrived a Negro "problem" for the Western Hemisphere, +intensified and defined the anti-slavery movement, became one of the +causes, and probably the prime one, which led Napoleon to sell Louisiana +for a song, and finally, through the interworking of all these effects, +rendered more certain the final prohibition of the slave-trade by the +United States in 1807. + +From the time of the reorganization of the Pennsylvania Abolition +Society, in 1787, anti-slavery sentiment became active. New York, New +Jersey, Rhode Island, Delaware, Maryland, and Virginia had strong +organizations, and a national convention was held in 1794. The terrible +upheaval in the West Indies, beginning in 1791, furnished this rising +movement with an irresistible argument. A wave of horror and fear swept +over the South, which even the powerful slave-traders of Georgia did not +dare withstand; the Middle States saw their worst dreams realized, and +the mercenary trade interests of the East lost control of the New +England conscience. + + +41. ~Legislation of the Southern States.~ In a few years the growing +sentiment had crystallized into legislation. The Southern States took +immediate measures to close their ports, first against West India +Negroes, finally against all slaves. Georgia, who had had legal slavery +only from 1755, and had since passed no restrictive legislation, felt +compelled in 1793[1] to stop the entry of free Negroes, and in 1798[2] +to prohibit, under heavy penalties, the importation of all slaves. This +provision was placed in the Constitution of the State, and, although +miserably enforced, was never repealed. + +South Carolina was the first Southern State in which the exigencies of a +great staple crop rendered the rapid consumption of slaves more +profitable than their proper maintenance. Alternating, therefore, +between a plethora and a dearth of Negroes, she prohibited the +slave-trade only for short periods. In 1788[3] she had forbidden the +trade for five years, and in 1792,[4] being peculiarly exposed to the +West Indian insurrection, she quickly found it "inexpedient" to allow +Negroes "from Africa, the West India Islands, or other place beyond sea" +to enter for two years. This act continued to be extended, although with +lessening penalties, until 1803.[5] The home demand in view of the +probable stoppage of the trade in 1808, the speculative chances of the +new Louisiana Territory trade, and the large already existing illicit +traffic combined in that year to cause the passage of an act, December +17, reopening the African slave-trade, although still carefully +excluding "West India" Negroes.[6] This action profoundly stirred the +Union, aroused anti-slavery sentiment, led to a concerted movement for a +constitutional amendment, and, failing in this, to an irresistible +demand for a national prohibitory act at the earliest constitutional +moment. + +North Carolina had repealed her prohibitory duty act in 1790,[7] but in +1794 she passed an "Act to prevent further importation and bringing of +slaves," etc.[8] Even the body-servants of West India immigrants and, +naturally, all free Negroes, were eventually prohibited.[9] + + +42. ~Legislation of the Border States.~ The Border States, Virginia and +Maryland, strengthened their non-importation laws, Virginia freeing +illegally imported Negroes,[10] and Maryland prohibiting even the +interstate trade.[11] The Middle States took action chiefly in the final +abolition of slavery within their borders, and the prevention of the +fitting out of slaving vessels in their ports. Delaware declared, in her +Act of 1789, that "it is inconsistent with that spirit of general +liberty which pervades the constitution of this state, that vessels +should be fitted out, or equipped, in any of the ports thereof, for the +purpose of receiving and transporting the natives of Africa to places +where they are held in slavery,"[12] and forbade such a practice under +penalty of L500 for each person so engaged. The Pennsylvania Act of +1788[13] had similar provisions, with a penalty of L1000; and New Jersey +followed with an act in 1798.[14] + + +43. ~Legislation of the Eastern States.~ In the Eastern States, where +slavery as an institution was already nearly defunct, action was aimed +toward stopping the notorious participation of citizens in the +slave-trade outside the State. The prime movers were the Rhode Island +Quakers. Having early secured a law against the traffic in their own +State, they turned their attention to others. Through their +remonstrances Connecticut, in 1788,[15] prohibited participation in the +trade by a fine of L500 on the vessel, L50 on each slave, and loss of +insurance; this act was strengthened in 1792,[16] the year after the +Haytian revolt. Massachusetts, after many fruitless attempts, finally +took advantage of an unusually bold case of kidnapping, and passed a +similar act in 1788.[17] "This," says Belknap, "was the utmost which +could be done by our legislatures; we still have to regret the +impossibility of making a law _here_, which shall restrain our citizens +from carrying on this trade _in foreign bottoms_, and from committing +the crimes which this act prohibits, _in foreign countries_, as it is +said some of them have done since the enacting of these laws."[18] + +Thus it is seen how, spurred by the tragedy in the West Indies, the +United States succeeded by State action in prohibiting the slave-trade +from 1798 to 1803, in furthering the cause of abolition, and in +preventing the fitting out of slave-trade expeditions in United States +ports. The country had good cause to congratulate itself. The national +government hastened to supplement State action as far as possible, and +the prophecies of the more sanguine Revolutionary fathers seemed about +to be realized, when the ill-considered act of South Carolina showed the +weakness of the constitutional compromise. + + +44. ~First Debate in Congress, 1789.~ The attention of the national +government was early directed to slavery and the trade by the rise, in +the first Congress, of the question of taxing slaves imported. During +the debate on the duty bill introduced by Clymer's committee, Parker of +Virginia moved, May 13, 1789, to lay a tax of ten dollars _per capita_ +on slaves imported. He plainly stated that the tax was designed to check +the trade, and that he was "sorry that the Constitution prevented +Congress from prohibiting the importation altogether." The proposal was +evidently unwelcome, and caused an extended debate.[19] Smith of South +Carolina wanted to postpone a matter so "big with the most serious +consequences to the State he represented." Roger Sherman of Connecticut +"could not reconcile himself to the insertion of human beings as an +article of duty, among goods, wares, and merchandise." Jackson of +Georgia argued against any restriction, and thought such States as +Virginia "ought to let their neighbors get supplied, before they imposed +such a burden upon the importation." Tucker of South Carolina declared +it "unfair to bring in such an important subject at a time when debate +was almost precluded," and denied the right of Congress to "consider +whether the importation of slaves is proper or not." + +Mr. Parker was evidently somewhat abashed by this onslaught of friend +and foe, but he "had ventured to introduce the subject after full +deliberation, and did not like to withdraw it." He desired Congress, "if +possible," to "wipe off the stigma under which America labored." This +brought Jackson of Georgia again to his feet. He believed, in spite of +the "fashion of the day," that the Negroes were better off as slaves +than as freedmen, and that, as the tax was partial, "it would be the +most odious tax Congress could impose." Such sentiments were a distinct +advance in pro-slavery doctrine, and called for a protest from Madison +of Virginia. He thought the discussion proper, denied the partiality of +the tax, and declared that, according to the spirit of the Constitution +and his own desire, it was to be hoped "that, by expressing a national +disapprobation of this trade, we may destroy it, and save ourselves from +reproaches, and our posterity the imbecility ever attendant on a country +filled with slaves." Finally, to Burke of South Carolina, who thought +"the gentlemen were contending for nothing," Madison sharply rejoined, +"If we contend for nothing, the gentlemen who are opposed to us do not +contend for a great deal." + +It now became clear that Congress had been whirled into a discussion of +too delicate and lengthy a nature to allow its further prolongation. +Compromising councils prevailed; and it was agreed that the present +proposition should be withdrawn and a separate bill brought in. This +bill was, however, at the next session dexterously postponed "until the +next session of Congress."[20] + + +45. ~Second Debate in Congress, 1790.~ It is doubtful if Congress of its +own initiative would soon have resurrected the matter, had not a new +anti-slavery weapon appeared in the shape of urgent petitions from +abolition societies. The first petition, presented February 11, +1790,[21] was from the same interstate Yearly Meeting of Friends which +had formerly petitioned the Confederation Congress.[22] They urged +Congress to inquire "whether, notwithstanding such seeming impediments, +it be not in reality within your power to exercise justice and mercy, +which, if adhered to, we cannot doubt, must produce the abolition of the +slave trade," etc. Another Quaker petition from New York was also +presented,[23] and both were about to be referred, when Smith of South +Carolina objected, and precipitated a sharp debate.[24] This debate had +a distinctly different tone from that of the preceding one, and +represents another step in pro-slavery doctrine. The key-note of these +utterances was struck by Stone of Maryland, who "feared that if Congress +took any measures indicative of an intention to interfere with the kind +of property alluded to, it would sink it in value very considerably, and +might be injurious to a great number of the citizens, particularly in +the Southern States. He thought the subject was of general concern, and +that the petitioners had no more right to interfere with it than any +other members of the community. It was an unfortunate circumstance, that +it was the disposition of religious sects to imagine they understood the +rights of human nature better than all the world besides." + +In vain did men like Madison disclaim all thought of unconstitutional +"interference," and express only a desire to see "If anything is within +the Federal authority to restrain such violation of the rights of +nations and of mankind, as is supposed to be practised in some parts of +the United States." A storm of disapproval from Southern members met +such sentiments. "The rights of the Southern States ought not to be +threatened," said Burke of South Carolina. "Any extraordinary attention +of Congress to this petition," averred Jackson of Georgia, would put +slave property "in jeopardy," and "evince to the people a disposition +towards a total emancipation." Smith and Tucker of South Carolina +declared that the request asked for "unconstitutional" measures. Gerry +of Massachusetts, Hartley of Pennsylvania, and Lawrence of New York +rather mildly defended the petitioners; but after considerable further +debate the matter was laid on the table. + +The very next day, however, the laid ghost walked again in the shape of +another petition from the "Pennsylvania Society for promoting the +Abolition of Slavery," signed by its venerable president, Benjamin +Franklin. This petition asked Congress to "step to the very verge of the +power vested in you for discouraging every species of traffic in the +persons of our fellow-men."[25] Hartley of Pennsylvania called up the +memorial of the preceding day, and it was read a second time and a +motion for commitment made. Plain words now came from Tucker of South +Carolina. "The petition," he said, "contained an unconstitutional +request." The commitment would alarm the South. These petitions were +"mischievous" attempts to imbue the slaves with false hopes. The South +would not submit to a general emancipation without "civil war." The +commitment would "blow the trumpet of sedition in the Southern States," +echoed his colleague, Burke. The Pennsylvania men spoke just as boldly. +Scott declared the petition constitutional, and was sorry that the +Constitution did not interdict this "most abominable" traffic. "Perhaps, +in our Legislative capacity," he said, "we can go no further than to +impose a duty of ten dollars, but I do not know how far I might go if I +was one of the Judges of the United States, and those people were to +come before me and claim their emancipation; but I am sure I would go as +far as I could." Jackson of Georgia rejoined in true Southern spirit, +boldly defending slavery in the light of religion and history, and +asking if it was "good policy to bring forward a business at this moment +likely to light up the flame of civil discord; for the people of the +Southern States will resist one tyranny as soon as another. The other +parts of the Continent may bear them down by force of arms, but they +will never suffer themselves to be divested of their property without a +struggle. The gentleman says, if he was a Federal Judge, he does not +know to what length he would go in emancipating these people; but I +believe his judgment would be of short duration in Georgia, perhaps even +the existence of such a Judge might be in danger." Baldwin, his +New-England-born colleague, urged moderation by reciting the difficulty +with which the constitutional compromise was reached, and declaring, +"the moment we go to jostle on that ground, I fear we shall feel it +tremble under our feet." Lawrence of New York wanted to commit the +memorials, in order to see how far Congress might constitutionally +interfere. Smith of South Carolina, in a long speech, said that his +constituents entered the Union "from political, not from moral motives," +and that "we look upon this measure as an attack upon the palladium of +the property of our country." Page of Virginia, although a slave owner, +urged commitment, and Madison again maintained the appropriateness of +the request, and suggested that "regulations might be made in relation +to the introduction of them [i.e., slaves] into the new States to be +formed out of the Western Territory." Even conservative Gerry of +Massachusetts declared, with regard to the whole trade, that the fact +that "we have a right to regulate this business, is as clear as that we +have any rights whatever." + +Finally, by a vote of 43 to 11, the memorials were committed, the South +Carolina and Georgia delegations, Bland and Coles of Virginia, Stone of +Maryland, and Sylvester of New York voting in the negative.[26] A +committee, consisting of Foster of New Hampshire, Huntington of +Connecticut, Gerry of Massachusetts, Lawrence of New York, Sinnickson of +New Jersey, Hartley of Pennsylvania, and Parker of Virginia, was charged +with the matter, and reported Friday, March 5. The absence of Southern +members on this committee compelled it to make this report a sort of +official manifesto on the aims of Northern anti-slavery politics. As +such, it was sure to meet with vehement opposition in the House, even +though conservatively worded. Such proved to be the fact when the +committee reported. The onslaught to "negative the whole report" was +prolonged and bitter, the debate _pro_ and _con_ lasting several +days.[27] + + +46. ~The Declaration of Powers, 1790.~ The result is best seen by +comparing the original report with the report of the Committee of the +Whole, adopted by a vote of 29 to 25 Monday, March 23, 1790:[28]-- + + REPORT OF THE SELECT COMMITTEE. + + That, from the nature of the matters contained in these + memorials, they were induced to examine the powers vested in + Congress, under the present Constitution, relating to the + Abolition of Slavery, and are clearly of opinion, + + _First._ That the General Government is expressly restrained + from prohibiting the importation of such persons 'as any of + the States now existing shall think proper to admit, until the + year one thousand eight hundred and eight.' + + _Secondly._ That Congress, by a fair construction of the + Constitution, are equally restrained from interfering in the + emancipation of slaves, who already are, or who may, within + the period mentioned, be imported into, or born within, any of + the said States. + + _Thirdly._ That Congress have no authority to interfere in the + internal regulations of particular States, relative to the + instructions of slaves in the principles of morality and + religion; to their comfortable clothing, accommodations, and + subsistence; to the regulation of their marriages, and the + prevention of the violation of the rights thereof, or to the + separation of children from their parents; to a comfortable + provision in cases of sickness, age, or infirmity; or to the + seizure, transportation, or sale of free negroes; but have the + fullest confidence in the wisdom and humanity of the + Legislatures of the several States, that they will revise + their laws from time to time, when necessary, and promote the + objects mentioned in the memorials, and every other measure + that may tend to the happiness of slaves. + + _Fourthly._ That, nevertheless, Congress have authority, if + they shall think it necessary, to lay at any time a tax or + duty, not exceeding ten dollars for each person of any + description, the importation of whom shall be by any of the + States admitted as aforesaid. + + _Fifthly._ That Congress have authority to interdict,[29] or + (so far as it is or may be carried on by citizens of the + United States, for supplying foreigners), to regulate the + African trade, and to make provision for the humane treatment + of slaves, in all cases while on their passage to the United + States, or to foreign ports, so far as respects the citizens + of the United States. + + _Sixthly._ That Congress have also authority to prohibit + foreigners from fitting out vessels in any port of the United + States, for transporting persons from Africa to any foreign + port. + + _Seventhly._ That the memorialists be informed, that in all + cases to which the authority of Congress extends, they will + exercise it for the humane objects of the memorialists, so far + as they can be promoted on the principles of justice, + humanity, and good policy. + + * * * * * + + REPORT OF THE COMMITTEE OF THE WHOLE. + + _First._ That the migration or importation of such persons as + any of the States now existing shall think proper to admit, + cannot be prohibited by Congress, prior to the year one + thousand eight hundred and eight. + + _Secondly._ That Congress have no authority to interfere in + the emancipation of slaves, or in the treatment of them within + any of the States; it remaining with the several States alone + to provide any regulation therein, which humanity and true + policy may require. + + _Thirdly._ That Congress have authority to restrain the + citizens of the United States from carrying on the African + trade, for the purpose of supplying foreigners with slaves, + and of providing, by proper regulations, for the humane + treatment, during their passage, of slaves imported by the + said citizens into the States admitting such importation. + + _Fourthly._ That Congress have authority to prohibit + foreigners from fitting out vessels in any port of the United + States for transporting persons from Africa to any foreign + port. + + +47. ~The Act of 1794.~ This declaration of the powers of the central +government over the slave-trade bore early fruit in the second Congress, +in the shape of a shower of petitions from abolition societies in +Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, +Maryland, and Virginia.[30] In some of these slavery was denounced as +"an outrageous violation of one of the most essential rights of human +nature,"[31] and the slave-trade as a traffic "degrading to the rights +of man" and "repugnant to reason."[32] Others declared the trade +"injurious to the true commercial interest of a nation,"[33] and asked +Congress that, having taken up the matter, they do all in their power to +limit the trade. Congress was, however, determined to avoid as long as +possible so unpleasant a matter, and, save an angry attempt to censure a +Quaker petitioner,[34] nothing was heard of the slave-trade until the +third Congress. + +Meantime, news came from the seas southeast of Carolina and Georgia +which influenced Congress more powerfully than humanitarian arguments +had done. The wild revolt of despised slaves, the rise of a noble black +leader, and the birth of a new nation of Negro freemen frightened the +pro-slavery advocates and armed the anti-slavery agitation. As a result, +a Quaker petition for a law against the transport traffic in slaves was +received without a murmur in 1794,[35] and on March 22 the first +national act against the slave-trade became a law.[36] It was designed +"to prohibit the carrying on the Slave Trade from the United States to +any foreign place or country," or the fitting out of slavers in the +United States for that country. The penalties for violation were +forfeiture of the ship, a fine of $1000 for each person engaged, and of +$200 for each slave transported. If the Quakers thought this a triumph +of anti-slavery sentiment, they were quickly undeceived. Congress might +willingly restrain the country from feeding West Indian turbulence, and +yet be furious at a petition like that of 1797,[37] calling attention to +"the oppressed state of our brethren of the African race" in this +country, and to the interstate slave-trade. "Considering the present +extraordinary state of the West India Islands and of Europe," young John +Rutledge insisted "that 'sufficient for the day is the evil thereof,' +and that they ought to shut their door against any thing which had a +tendency to produce the like confusion in this country." After excited +debate and some investigation by a special committee, the petition was +ordered, in both Senate and House, to be withdrawn. + + +48. ~The Act of 1800.~ In the next Congress, the sixth, another petition +threw the House into paroxysms of slavery debate. Waln of Pennsylvania +presented the petition of certain free colored men of Pennsylvania +praying for a revision of the slave-trade laws and of the fugitive-slave +law, and for prospective emancipation.[38] Waln moved the reference of +this memorial to a committee already appointed on the revision of the +loosely drawn and poorly enforced Act of 1794.[39] Rutledge of South +Carolina immediately arose. He opposed the motion, saying, that these +petitions were continually coming in and stirring up discord; that it +was a good thing the Negroes were in slavery; and that already "too much +of this new-fangled French philosophy of liberty and equality" had found +its way among them. Others defended the right of petition, and declared +that none wished Congress to exceed its powers. Brown of Rhode Island, a +new figure in Congress, a man of distinguished services and from a +well-known family, boldly set forth the commercial philosophy of his +State. "We want money," said he, "we want a navy; we ought therefore to +use the means to obtain it. We ought to go farther than has yet been +proposed, and repeal the bills in question altogether, for why should we +see Great Britain getting all the slave trade to themselves; why may not +our country be enriched by that lucrative traffic? There would not be a +slave the more sold, but we should derive the benefits by importing from +Africa as well as that nation." Waln, in reply, contended that they +should look into "the slave trade, much of which was still carrying on +from Rhode Island, Boston and Pennsylvania." Hill of North Carolina +called the House back from this general discussion to the petition in +question, and, while willing to remedy any existing defect in the Act of +1794, hoped the petition would not be received. Dana of Connecticut +declared that the paper "contained nothing but a farrago of the French +metaphysics of liberty and equality;" and that "it was likely to produce +some of the dreadful scenes of St. Domingo." The next day Rutledge again +warned the House against even discussing the matter, as "very serious, +nay, dreadful effects, must be the inevitable consequence." He held up +the most lurid pictures of the fatuity of the French Convention in +listening to the overtures of the "three emissaries from St. Domingo," +and thus yielding "one of the finest islands in the world" to "scenes +which had never been practised since the destruction of Carthage." "But, +sir," he continued, "we have lived to see these dreadful scenes. These +horrid effects have succeeded what was conceived once to be trifling. +Most important consequences may be the result, although gentlemen little +apprehend it. But we know the situation of things there, although they +do not, and knowing we deprecate it. There have been emissaries amongst +us in the Southern States; they have begun their war upon us; an actual +organization has commenced; we have had them meeting in their club +rooms, and debating on that subject.... Sir, I do believe that persons +have been sent from France to feel the pulse of this country, to know +whether these [i.e., the Negroes] are the proper engines to make use of: +these people have been talked to; they have been tampered with, and this +is going on." + +Finally, after censuring certain parts of this Negro petition, Congress +committed the part on the slave-trade to the committee already +appointed. Meantime, the Senate sent down a bill to amend the Act of +1794, and the House took this bill under consideration.[40] Prolonged +debate ensued. Brown of Rhode Island again made a most elaborate plea +for throwing open the foreign slave-trade. Negroes, he said, bettered +their condition by being enslaved, and thus it was morally wrong and +commercially indefensible to impose "a heavy fine and imprisonment ... +for carrying on a trade so advantageous;" or, if the trade must be +stopped, then equalize the matter and abolish slavery too. Nichols of +Virginia thought that surely the gentlemen would not advise the +importation of more Negroes; for while it "was a fact, to be sure," that +they would thus improve their condition, "would it be policy so to do?" +Bayard of Delaware said that "a more dishonorable item of revenue" than +that derived from the slave-trade "could not be established." Rutledge +opposed the new bill as defective and impracticable: the former act, he +said, was enough; the States had stopped the trade, and in addition the +United States had sought to placate philanthropists by stopping the use +of our ships in the trade. "This was going very far indeed." New England +first began the trade, and why not let them enjoy its profits now as +well as the English? The trade could not be stopped. + +The bill was eventually recommitted and reported again.[41] "On the +question for its passing, a long and warm debate ensued," and several +attempts to postpone it were made; it finally passed, however, only +Brown of Rhode Island, Dent of Maryland, Rutledge and Huger of South +Carolina, and Dickson of North Carolina voting against it, and 67 voting +for it.[42] This Act of May 10, 1800,[43] greatly strengthened the Act +of 1794. The earlier act had prohibited citizens from equipping slavers +for the foreign trade; but this went so far as to forbid them having any +interest, direct or indirect, in such voyages, or serving on board +slave-ships in any capacity. Imprisonment for two years was added to the +former fine of $2000, and United States commissioned ships were directed +to capture such slavers as prizes. The slaves though forfeited by the +owner, were not to go to the captor; and the act omitted to say what +disposition should be made of them. + + +49. ~The Act of 1803.~ The Haytian revolt, having been among the main +causes of two laws, soon was the direct instigation to a third. The +frightened feeling in the South, when freedmen from the West Indies +began to arrive in various ports, may well be imagined. On January 17, +1803, the town of Wilmington, North Carolina, hastily memorialized +Congress, stating the arrival of certain freed Negroes from Guadeloupe, +and apprehending "much danger to the peace and safety of the people of +the Southern States of the Union" from the "admission of persons of that +description into the United States."[44] The House committee which +considered this petition hastened to agree "That the system of policy +stated in the said memorial to exist, and to be now pursued in the +French colonial government, of the West Indies, is fraught with danger +to the peace and safety of the United States. That the fact stated to +have occurred in the prosecution of that system of policy, demands the +prompt interference of the Government of the United States, as well +Legislative as Executive."[45] The result was a bill providing for the +forfeiture of any ship which should bring into States prohibiting the +same "any negro, mulatto, or other person of color;" the captain of the +ship was also to be punished. After some opposition[46] the bill became +a law, February 28, 1803.[47] + + +50. ~State of the Slave-Trade from 1789 to 1803.~ Meantime, in spite of +the prohibitory State laws, the African slave-trade to the United States +continued to flourish. It was notorious that New England traders carried +on a large traffic.[48] Members stated on the floor of the House that +"it was much to be regretted that the severe and pointed statute against +the slave trade had been so little regarded. In defiance of its +forbiddance and its penalties, it was well known that citizens and +vessels of the United States were still engaged in that traffic.... In +various parts of the nation, outfits were made for slave-voyages, +without secrecy, shame, or apprehension.... Countenanced by their +fellow-citizens at home, who were as ready to buy as they themselves +were to collect and to bring to market, they approached our Southern +harbors and inlets, and clandestinely disembarked the sooty offspring of +the Eastern, upon the ill fated soil of the Western hemisphere. In this +way, it had been computed that, during the last twelve months, twenty +thousand enslaved negroes had been transported from Guinea, and, by +smuggling, added to the plantation stock of Georgia and South Carolina. +So little respect seems to have been paid to the existing prohibitory +statute, that it may almost be considered as disregarded by common +consent."[49] + +These voyages were generally made under the flag of a foreign nation, +and often the vessel was sold in a foreign port to escape confiscation. +South Carolina's own Congressman confessed that although the State had +prohibited the trade since 1788, she "was unable to enforce" her laws. +"With navigable rivers running into the heart of it," said he, "it was +impossible, with our means, to prevent our Eastern brethren, who, in +some parts of the Union, in defiance of the authority of the General +Government, have been engaged in this trade, from introducing them into +the country. The law was completely evaded, and, for the last year or +two [1802-3], Africans were introduced into the country in numbers +little short, I believe, of what they would have been had the trade been +a legal one."[50] The same tale undoubtedly might have been told of +Georgia. + + +51. ~The South Carolina Repeal of 1803.~ This vast and apparently +irrepressible illicit traffic was one of three causes which led South +Carolina, December 17, 1803, to throw aside all pretence and legalize +her growing slave-trade; the other two causes were the growing certainty +of total prohibition of the traffic in 1808, and the recent purchase of +Louisiana by the United States, with its vast prospective demand for +slave labor. Such a combination of advantages, which meant fortunes to +planters and Charleston slave-merchants, could not longer be withheld +from them; the prohibition was repealed, and the United States became +again, for the first time in at least five years, a legal slave mart. +This action shocked the nation, frightening Southern States with visions +of an influx of untrained barbarians and servile insurrections, and +arousing and intensifying the anti-slavery feeling of the North, which +had long since come to think of the trade, so far as legal enactment +went, as a thing of the past. + +Scarcely a month after this repeal, Bard of Pennsylvania solemnly +addressed Congress on the matter. "For many reasons," said he, "this +House must have been justly surprised by a recent measure of one of the +Southern States. The impressions, however, which that measure gave my +mind, were deep and painful. Had I been informed that some formidable +foreign Power had invaded our country, I would not, I ought not, be more +alarmed than on hearing that South Carolina had repealed her law +prohibiting the importation of slaves.... Our hands are tied, and we are +obliged to stand confounded, while we see the flood-gate opened, and +pouring incalculable miseries into our country."[51] He then moved, as +the utmost legal measure, a tax of ten dollars per head on slaves +imported. + +Debate on this proposition did not occur until February 14, when Lowndes +explained the circumstances of the repeal, and a long controversy took +place.[52] Those in favor of the tax argued that the trade was wrong, +and that the tax would serve as some slight check; the tax was not +inequitable, for if a State did not wish to bear it she had only to +prohibit the trade; the tax would add to the revenue, and be at the same +time a moral protest against an unjust and dangerous traffic. Against +this it was argued that if the tax furnished a revenue it would defeat +its own object, and make prohibition more difficult in 1808; it was +inequitable, because it was aimed against one State, and would fall +exclusively on agriculture; it would give national sanction to the +trade; it would look "like an attempt in the General Government to +correct a State for the undisputed exercise of its constitutional +powers;" the revenue would be inconsiderable, and the United States had +nothing to do with the moral principle; while a prohibitory tax would be +defensible, a small tax like this would be useless as a protection and +criminal as a revenue measure. + +The whole debate hinged on the expediency of the measure, few defending +South Carolina's action.[53] Finally, a bill was ordered to be brought +in, which was done on the 17th.[54] Another long debate took place, +covering substantially the same ground. It was several times hinted that +if the matter were dropped South Carolina might again prohibit the +trade. This, and the vehement opposition, at last resulted in the +postponement of the bill, and it was not heard from again during the +session. + + +52. ~The Louisiana Slave-Trade, 1803-1805.~ About this time the cession +of Louisiana brought before Congress the question of the status of +slavery and the slave-trade in the Territories. Twice or thrice before +had the subject called for attention. The first time was in the Congress +of the Confederation, when, by the Ordinance of 1787,[55] both slavery +and the slave-trade were excluded from the Northwest Territory. In 1790 +Congress had accepted the cession of North Carolina back lands on the +express condition that slavery there be undisturbed.[56] Nothing had +been said as to slavery in the South Carolina cession (1787),[57] but it +was tacitly understood that the provision of the Northwest Ordinance +would not be applied. In 1798 the bill introduced for the cession of +Mississippi contained a specific declaration that the anti-slavery +clause of 1787 should not be included.[58] The bill passed the Senate, +but caused long and excited debate in the House.[59] It was argued, on +the one hand, that the case in Mississippi was different from that in +the Northwest Territory, because slavery was a legal institution in all +the surrounding country, and to prohibit the institution was virtually +to prohibit the settling of the country. On the other hand, Gallatin +declared that if this amendment should not obtain, "he knew not how +slaves could be prevented from being introduced by way of New Orleans, +by persons who are not citizens of the United States." It was moved to +strike out the excepting clause; but the motion received only twelve +votes,--an apparent indication that Congress either did not appreciate +the great precedent it was establishing, or was reprehensibly careless. +Harper of South Carolina then succeeded in building up the Charleston +slave-trade interest by a section forbidding the slave traffic from +"without the limits of the United States." Thatcher moved to strike out +the last clause of this amendment, and thus to prohibit the interstate +trade, but he failed to get a second.[60] Thus the act passed, punishing +the introduction of slaves from without the country by a fine of $300 +for each slave, and freeing the slave.[61] + +In 1804 President Jefferson communicated papers to Congress on the +status of slavery and the slave-trade in Louisiana.[62] The Spanish had +allowed the traffic by edict in 1793, France had not stopped it, and +Governor Claiborne had refrained from interference. A bill erecting a +territorial government was already pending.[63] The Northern "District +of Louisiana" was placed under the jurisdiction of Indiana Territory, +and was made subject to the provisions of the Ordinance of 1787. Various +attempts were made to amend the part of the bill referring to the +Southern Territory: first, so as completely to prohibit the +slave-trade;[64] then to compel the emancipation at a certain age of all +those imported;[65] next, to confine all importation to that from the +States;[66] and, finally, to limit it further to slaves imported before +South Carolina opened her ports.[67] The last two amendments prevailed, +and the final act also extended to the Territory the Acts of 1794 and +1803. Only slaves imported before May 1, 1798, could be introduced, and +those must be slaves of actual settlers.[68] All slaves illegally +imported were freed. + +This stringent act was limited to one year. The next year, in accordance +with the urgent petition of the inhabitants, a bill was introduced +against these restrictions.[69] By dexterous wording, this bill, which +became a law March 2, 1805,[70] swept away all restrictions upon the +slave-trade except that relating to foreign ports, and left even this +provision so ambiguous that, later, by judicial interpretation of the +law,[71] the foreign slave-trade was allowed, at least for a time. + +Such a stream of slaves now poured into the new Territory that the +following year a committee on the matter was appointed by the House.[72] +The committee reported that they "are in possession of the fact, that +African slaves, lately imported into Charleston, have been thence +conveyed into the territory of Orleans, and, in their opinion, this +practice will be continued to a very great extent, while there is no law +to prevent it."[73] The House ordered a bill checking this to be +prepared; and such a bill was reported, but was soon dropped.[74] +Importations into South Carolina during this time reached enormous +proportions. Senator Smith of that State declared from official returns +that, between 1803 and 1807, 39,075 Negroes were imported into +Charleston, most of whom went to the Territories.[75] + + +53. ~Last Attempts at Taxation, 1805-1806.~ So alarming did the trade +become that North Carolina passed a resolution in December, 1804,[76] +proposing that the States give Congress power to prohibit the trade. +Massachusetts,[77] Vermont,[78] New Hampshire,[79] and Maryland[80] +responded; and a joint resolution was introduced in the House, proposing +as an amendment to the Constitution "That the Congress of the United +States shall have power to prevent the further importation of slaves +into the United States and the Territories thereof."[81] Nothing came +of this effort; but meantime the project of taxation was revived. A +motion to this effect, made in February, 1805, was referred to a +Committee of the Whole, but was not discussed. Early in the first +session of the ninth Congress the motion of 1805 was renewed; and +although again postponed on the assurance that South Carolina was about +to stop the trade,[82] it finally came up for debate January 20, +1806.[83] Then occurred a most stubborn legislative battle, which lasted +during the whole session.[84] Several amendments to the motion were +first introduced, so as to make it apply to all immigrants, and again to +all "persons of color." As in the former debate, it was proposed to +substitute a resolution of censure on South Carolina. All these +amendments were lost. A long debate on the expediency of the measure +followed, on the old grounds. Early of Georgia dwelt especially on the +double taxation it would impose on Georgia; others estimated that a +revenue of one hundred thousand dollars might be derived from the tax, a +sum sufficient to replace the tax on pepper and medicines. Angry charges +and counter-charges were made,--e.g., that Georgia, though ashamed +openly to avow the trade, participated in it as well as South Carolina. +"Some recriminations ensued between several members, on the +participation of the traders of some of the New England States in +carrying on the slave trade." Finally, January 22, by a vote of 90 to +25, a tax bill was ordered to be brought in.[85] One was reported on the +27th.[86] Every sort of opposition was resorted to. On the one hand, +attempts were made to amend it so as to prohibit importation after 1807, +and to prevent importation into the Territories; on the other hand, +attempts were made to recommit and postpone the measure. It finally got +a third reading, but was recommitted to a select committee, and +disappeared until February 14.[87] Being then amended so as to provide +for the forfeiture of smuggled cargoes, but saying nothing as to the +disposition of the slaves, it was again relegated to a committee, after +a vote of 69 to 42 against postponement.[88] On March 4 it appeared +again, and a motion to reject it was lost. Finally, in the midst of the +war scare and the question of non-importation of British goods, the bill +was apparently forgotten, and the last attempt to tax imported slaves +ended, like the others, in failure. + + +54. ~Key-Note of the Period.~ One of the last acts of this period +strikes again the key-note which sounded throughout the whole of it. On +February 20, 1806, after considerable opposition, a bill to prohibit +trade with San Domingo passed the Senate.[89] In the House it was +charged by one side that the measure was dictated by France, and by the +other, that it originated in the fear of countenancing Negro +insurrection. The bill, however, became a law, and by continuations +remained on the statute-books until 1809. Even at that distance the +nightmare of the Haytian insurrection continued to haunt the South, and +a proposal to reopen trade with the island caused wild John Randolph to +point out the "dreadful evil" of a "direct trade betwixt the town of +Charleston and the ports of the island of St. Domingo."[90] + +Of the twenty years from 1787 to 1807 it can only be said that they +were, on the whole, a period of disappointment so far as the suppression +of the slave-trade was concerned. Fear, interest, and philanthropy +united for a time in an effort which bade fair to suppress the trade; +then the real weakness of the constitutional compromise appeared, and +the interests of the few overcame the fears and the humanity of the +many. + + +FOOTNOTES: + + [1] Prince, _Digest of the Laws of Georgia_, p. 786; Marbury + and Crawford, _Digest of the Laws of Georgia_, pp. 440, 442. + The exact text of this act appears not to be extant. Section + I. is stated to have been "re-enacted by the constitution." + Possibly this act prohibited slaves also, although this is not + certain. Georgia passed several regulative acts between 1755 + and 1793. Cf. Renne, _Colonial Acts of Georgia_, pp. 73-4, + 164, note. + + [2] Marbury and Crawford, _Digest_, p. 30, Sec. 11. The clause + was penned by Peter J. Carnes of Jefferson. Cf. W.B. Stevens, + _History of Georgia_ (1847), II. 501. + + [3] Grimke, _Public Laws_, p. 466. + + [4] Cooper and McCord, _Statutes_, VII. 431. + + [5] _Ibid._, VII. 433-6, 444, 447. + + [6] _Ibid._, VII. 449. + + [7] Martin, _Iredell's Acts of Assembly_, I. 492. + + [8] _Ibid._, II. 53. + + [9] Cf. _Ibid._, II. 94; _Laws of North Carolina_ (revision of + 1819), I. 786. + + [10] Virginia codified her whole slave legislation in 1792 + (_Va. Statutes at Large_, New Ser., I. 122), and amended her + laws in 1798 and 1806 (_Ibid._, III. 251). + + [11] Dorsey, _Laws of Maryland, 1796_, I. 334. + + [12] _Laws of Delaware, 1797_ (Newcastle ed.), p. 942, ch. 194 b. + + [13] Dallas, _Laws_, II. 586. + + [14] Paterson, _Digest of the Laws of New Jersey_ (1800), pp. + 307-13. In 1804 New Jersey passed an act gradually to abolish + slavery. The legislation of New York at this period was + confined to regulating the exportation of slave criminals + (1790), and to passing an act gradually abolishing slavery + (1799). In 1801 she codified all her acts. + + [15] _Acts and Laws of Connecticut_ (ed. 1784), pp. 368, 369, 388. + + [16] _Ibid._, p. 412. + + [17] _Perpetual Laws of Massachusetts, 1780-89_, pp. 235-6. + + [18] _Queries Respecting Slavery_, etc., in _Mass. Hist. Soc. + Coll._, 1st Ser., IV. 205. + + [19] _Annals of Cong._, 1 Cong, 1 sess. pp. 336-41. + + [20] _Annals of Cong._, 1 Cong. 1 sess. p. 903. + + [21] _Ibid._, 1 Cong. 2 sess. pp. 1182-3. + + [22] _Journals of Cong., 1782-3_, pp. 418-9. Cf. above, pp. + 56-57. + + [23] _Annals of Cong._, 1 Cong. 2 sess. p. 1184. + + [24] _Ibid._, pp. 1182-91. + + [25] _Annals of Cong._, 1 Cong. 2 sess. pp. 1197-1205. + + [26] _House Journal_ (repr. 1826), 1 Cong. 2 sess. I. 157-8. + + [27] _Annals of Cong._, I Cong. 2 sess. pp. 1413-7. + + [28] For the reports and debates, cf. _Annals of Cong._, 1 + Cong. 2 sess. pp. 1413-7, 1450-74; _House Journal_ (repr. + 1826), 1 Cong. 2 sess. I. 168-81. + + [29] A clerical error in the original: "interdict" and + "regulate" should be interchanged. + + [30] See _Memorials presented to Congress_, etc. (1792), + published by the Pennsylvania Abolition Society. + + [31] From the Virginia petition. + + [32] From the petition of Baltimore and other Maryland + societies. + + [33] From the Providence Abolition Society's petition. + + [34] _House Journal_ (repr. 1826), 2 Cong. 2 sess. I. 627-9; + _Annals of Cong._, 2 Cong. 2 sess. pp. 728-31. + + [35] _Annals of Cong._, 3 Cong. 1 sess. pp. 64, 70, 72; _House + Journal_ (repr. 1826), 3 Cong. 1 sess. II. 76, 84-5, 96-100; + _Senate Journal_ (repr. 1820), 3 Cong. 1 sess. II. 51. + + [36] _Statutes at Large_, I. 347-9. + + [37] _Annals of Cong._, 5 Cong. 2 sess. pp. 656-70, 945-1033. + + [38] _Annals of Cong._, 6 Cong. 1 sess. p. 229. + + [39] Dec. 12, 1799: _House Journal_ (repr. 1826), 6 Cong. 1 + sess. III. 535. For the debate, see _Annals of Cong._, 6 Cong. + 1 sess. pp. 230-45. + + [40] _Senate Journal_ (repr. 1821), 6 Cong. 1 sess. III. 72, + 77, 88, 92; see _Ibid._, Index, Bill No. 62; _House Journal_ + (repr. 1826), 6 Cong. 1 sess. III., Index, House Bill No. 247. + For the debate, see _Annals of Cong._, 6 Cong. 1 sess. pp. + 686-700. + + [41] _Annals of Cong._, 6 Cong. 1 sess. p. 697. + + [42] _Ibid._, p. 699-700. + + [43] _Statutes at Large_, II. 70. + + [44] _Annals of Cong._, 7 Cong. 2 sess. pp. 385-6. + + [45] _Ibid._, p. 424. + + [46] See House Bills Nos. 89 and 101; _Annals of Cong._, 7 + Cong. 2 sess. pp. 424, 459-67. For the debate, see _Ibid._, + pp. 459-72. + + [47] _Statutes at Large_, II. 205. + + [48] Cf. Fowler, _Local Law in Massachusetts and Connecticut_, + etc., p. 126. + + [49] Speech of S.L. Mitchell of New York, Feb. 14, 1804: + _Annals of Cong._, 8 Cong. 1 sess. p. 1000. Cf. also speech of + Bedinger: _Ibid._, pp. 997-8. + + [50] Speech of Lowndes in the House, Feb. 14, 1804: _Annals of + Cong._, 8 Cong., 1 sess. p. 992. Cf. Stanton's speech later: + _Ibid._, 9 Cong. 2 sess. p. 240. + + [51] _Annals of Cong._, 8 Cong. 1 sess. pp. 820, 876. + + [52] _Ibid._, pp. 992-1036. + + [53] Huger of South Carolina declared that the whole South + Carolina Congressional delegation opposed the repeal of the + law, although they maintained the State's right to do so if + she chose: _Annals of Cong._, 8 Cong. 1 sess. p. 1005. + + [54] _Ibid._, pp. 1020-36; _House Journal_ (repr. 1826), 8 + Cong. 1 sess. IV 523, 578, 580, 581-5. + + [55] On slavery in the Territories, cf. Welling, in _Report + Amer. Hist. Assoc._, 1891, pp. 133-60. + + [56] _Statutes at Large_, I. 108. + + [57] _Journals of Cong._, XII. 137-8. + + [58] _Annals of Cong._, 5 Cong. 1 sess. pp. 511, 515, 532-3. + + [59] _Ibid._, 5 Cong. 2 sess. pp. 1235, 1249, 1277-84, + 1296-1313. + + [60] _Annals of Cong._, 5 Cong. 2 sess. p. 1313. + + [61] _Statutes at Large_, I. 549. + + [62] _Amer. State Papers, Miscellaneous_, I. No. 177. + + [63] _Annals of Cong._, 8 Cong. 1 sess. pp. 106, 211, 223, + 231, 233-4, 238. + + [64] _Ibid._, pp. 240, 1186. + + [65] _Ibid._, p. 241. + + [66] _Ibid._, p. 240. + + [67] _Ibid._, p. 242. + + [68] For further proceedings, see _Annals of Cong._, 8 Cong. 1 + sess. pp. 240-55, 1038-79, 1128-9, 1185-9. For the law, see + _Statutes at Large_, II. 283-9. + + [69] First, a bill was introduced applying the Northwest + Ordinance to the Territory (_Annals of Cong._, 8 Cong. 2 sess. + pp. 45-6); but this was replaced by a Senate bill (_Ibid._, p. + 68; _Senate Journal_, repr. 1821, 8 Cong. 2 sess. III. 464). + For the petition of the inhabitants, see _Annals of Cong._, 8 + Cong. 2 sess. p. 727-8. + + [70] The bill was hurried through, and there are no records of + debate. Cf. _Annals of Cong._, 8 Cong. 2 sess. pp. 28-69, 727, + 871, 957, 1016-20, 1213-5. In _Senate Journal_ (repr. 1821), + III., see Index, Bill No. 8. Importation of slaves was allowed + by a clause erecting a Frame of Government "similar" to that + of the Mississippi Territory. + + [71] _Annals of Cong._, 9 Cong. 1 sess. p. 443. The whole + trade was practically foreign, for the slavers merely entered + the Negroes at Charleston and immediately reshipped them to + New Orleans. Cf. _Annals of Cong._, 16 Cong. 1 sess. p. 264. + + [72] _House Journal_ (repr. 1826), 9 Cong. 1 sess. V. 264; + _Annals of Cong._, 9 Cong. 1 sess. pp. 445, 878. + + [73] _House Reports_, 9 Cong. 1 sess. Feb. 17, 1806. + + [74] House Bill No. 123. + + [75] _Annals of Cong._, 16 Cong. 2 sess. pp. 73-7. This report + covers the time from Jan. 1, 1804, to Dec. 31, 1807. During + that time the following was the number of ships engaged in the + traffic:-- + + From Charleston, 61 From Connecticut, 1 + " Rhode Island, 59 " Sweden, 1 + " Baltimore, 4 " Great Britain, 70 + " Boston, 1 " France, 3 + " Norfolk, 2 202 + + The consignees of these slave ships were natives of + Charleston 13 + Rhode Island 88 + Great Britain 91 + France 10 + ---- + 202 + + The following slaves were imported:-- + By British vessels 19,949 + " French " 1,078 + ------ + 21,027 + + By American vessels:-- + " Charleston merchants 2,006 + " Rhode Island " 7,958 + " Foreign " 5,717 + " other Northern " 930 + " " Southern " 1,437 18,048 + ------ ------ + + Total number of slaves imported, 1804-7 39,075 + + It is, of course, highly probable that the Custom House + returns were much below the actual figures. + + [76] McMaster, _History of the People of the United States_, + III. p. 517. + + [77] _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 171; + _Mass. Resolves_, May, 1802, to March, 1806, Vol. II. A. + (State House ed., p. 239). + + [78] _House Journal_ (repr. 1826), 9 Cong. 1 sess. V. 238. + + [79] _Ibid._, V. 266. + + [80] _Senate Journal_ (repr. 1821), 9 Cong. 1 sess. IV. 76, + 77, 79. + + [81] _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 171. + + [82] _Annals of Cong._, 9 Cong. 1 sess. p. 274. + + [83] _Ibid._, pp. 272-4, 323. + + [84] _Ibid._, pp. 346-52, 358-75, etc., to 520. + + [85] _Ibid._, pp. 374-5. + + [86] See House Bill No. 94. + + [87] _Annals of Cong._, 9 Cong. 1 sess. p. 466. + + [88] _Annals of Cong._, 9 Cong. 1 sess. pp. 519-20. + + [89] _Ibid._, pp. 21, 52, 75, etc., to 138, 485-515, 1228. See + House Bill No. 168. Cf. _Statutes at Large_, II. 421-2. + + [90] A few months later, at the expiration of the period, + trade was quietly reopened. _Annals of Cong._, 11 Cong. 1 + sess. pp. 443-6. + + * * * * * + + + + +_Chapter VIII_ + +THE PERIOD OF ATTEMPTED SUPPRESSION. 1807-1825. + + 55. The Act of 1807. + 56. The First Question: How shall illegally imported Africans be + disposed of? + 57. The Second Question: How shall Violations be punished? + 58. The Third Question: How shall the Interstate Coastwise Slave-Trade + be protected? + 59. Legislative History of the Bill. + 60. Enforcement of the Act. + 61. Evidence of the Continuance of the Trade. + 62. Apathy of the Federal Government. + 63. Typical Cases. + 64. The Supplementary Acts, 1818-1820. + 65. Enforcement of the Supplementary Acts, 1818-1825. + + +55. ~The Act of 1807.~ The first great goal of anti-slavery effort in +the United States had been, since the Revolution, the suppression of the +slave-trade by national law. It would hardly be too much to say that the +Haytian revolution, in addition to its influence in the years from 1791 +to 1806, was one of the main causes that rendered the accomplishment of +this aim possible at the earliest constitutional moment. To the great +influence of the fears of the South was added the failure of the French +designs on Louisiana, of which Toussaint L'Ouverture was the most +probable cause. The cession of Louisiana in 1803 challenged and aroused +the North on the slavery question again; put the Carolina and Georgia +slave-traders in the saddle, to the dismay of the Border States; and +brought the whole slave-trade question vividly before the public +conscience. Another scarcely less potent influence was, naturally, the +great anti-slavery movement in England, which after a mighty struggle of +eighteen years was about to gain its first victory in the British Act of +1807. + +President Jefferson, in his pacificatory message of December 2, 1806, +said: "I congratulate you, fellow-citizens, on the approach of the +period at which you may interpose your authority constitutionally, to +withdraw the citizens of the United States from all further +participation in those violations of human rights which have been so +long continued on the unoffending inhabitants of Africa, and which the +morality, the reputation, and the best interests of our country, have +long been eager to proscribe. Although no law you may pass can take +prohibitory effect till the first day of the year one thousand eight +hundred and eight, yet the intervening period is not too long to +prevent, by timely notice, expeditions which cannot be completed before +that day."[1] + +In pursuance of this recommendation, the very next day Senator Bradley +of Vermont introduced into the Senate a bill which, after a complicated +legislative history, became the Act of March 2, 1807, prohibiting the +African slave-trade.[2] + +Three main questions were to be settled by this bill: first, and most +prominent, that of the disposal of illegally imported Africans; second, +that of the punishment of those concerned in the importation; third, +that of the proper limitation of the interstate traffic by water. + +The character of the debate on these three questions, as well as the +state of public opinion, is illustrated by the fact that forty of the +sixty pages of officially reported debates are devoted to the first +question, less than twenty to the second, and only two to the third. A +sad commentary on the previous enforcement of State and national laws is +the readiness with which it was admitted that wholesale violations of +the law would take place; indeed, Southern men declared that no strict +law against the slave-trade could be executed in the South, and that it +was only by playing on the motives of personal interest that the trade +could be checked. The question of punishment indicated the slowly +changing moral attitude of the South toward the slave system. Early +boldly said, "A large majority of people in the Southern States do not +consider slavery as even an evil."[3] The South, in fact, insisted on +regarding man-stealing as a minor offence, a "misdemeanor" rather than a +"crime." Finally, in the short and sharp debate on the interstate +coastwise trade, the growing economic side of the slavery question came +to the front, the vested interests' argument was squarely put, and the +future interstate trade almost consciously provided for. + +From these considerations, it is doubtful as to how far it was expected +that the Act of 1807 would check the slave traffic; at any rate, so far +as the South was concerned, there seemed to be an evident desire to +limit the trade, but little thought that this statute would definitively +suppress it. + +56. ~The First Question: How shall illegally imported Africans be +disposed of?~ The dozen or more propositions on the question of the +disposal of illegally imported Africans may be divided into two chief +heads, representing two radically opposed parties: 1. That illegally +imported Africans be free, although they might be indentured for a term +of years or removed from the country. 2. That such Africans be sold as +slaves.[4] The arguments on these two propositions, which were many and +far-reaching, may be roughly divided into three classes, political, +constitutional, and moral. + +The political argument, reduced to its lowest terms, ran thus: those +wishing to free the Negroes illegally imported declared that to enslave +them would be to perpetrate the very evil which the law was designed to +stop. "By the same law," they said, "we condemn the man-stealer and +become the receivers of his stolen goods. We punish the criminal, and +then step into his place, and complete the crime."[5] They said that the +objection to free Negroes was no valid excuse; for if the Southern +people really feared this class, they would consent to the imposing of +such penalties on illicit traffic as would stop the importation of a +single slave.[6] Moreover, "forfeiture" and sale of the Negroes implied +a property right in them which did not exist.[7] Waiving this technical +point, and allowing them to be "forfeited" to the government, then the +government should either immediately set them free, or, at the most, +indenture them for a term of years; otherwise, the law would be an +encouragement to violators. "It certainly will be," said they, "if the +importer can find means to evade the penalty of the act; for there he +has all the advantage of a market enhanced by our ineffectual attempt to +prohibit."[8] They claimed that even the indenturing of the ignorant +barbarian for life was better than slavery; and Sloan declared that the +Northern States would receive the freed Negroes willingly rather than +have them enslaved.[9] + +The argument of those who insisted that the Negroes should be sold was +tersely put by Macon: "In adopting our measures on this subject, we must +pass such a law as can be executed."[10] Early expanded this: "It is a +principle in legislation, as correct as any which has ever prevailed, +that to give effect to laws you must not make them repugnant to the +passions and wishes of the people among whom they are to operate. How +then, in this instance, stands the fact? Do not gentlemen from every +quarter of the Union prove, on the discussion of every question that has +ever arisen in the House, having the most remote bearing on the giving +freedom to the Africans in the bosom of our country, that it has excited +the deepest sensibility in the breasts of those where slavery exists? +And why is this so? It is, because those who, from experience, know the +extent of the evil, believe that the most formidable aspect in which it +can present itself, is by making these people free among them. Yes, sir, +though slavery is an evil, regretted by every man in the country, to +have among us in any considerable quantity persons of this description, +is an evil far greater than slavery itself. Does any gentleman want +proof of this? I answer that all proof is useless; no fact can be more +notorious. With this belief on the minds of the people where slavery +exists, and where the importation will take place, if at all, we are +about to turn loose in a state of freedom all persons brought in after +the passage of this law. I ask gentlemen to reflect and say whether such +a law, opposed to the ideas, the passions, the views, and the affections +of the people of the Southern States, can be executed? I tell them, no; +it is impossible--why? Because no man will inform--why? Because to +inform will be to lead to an evil which will be deemed greater than the +offence of which information is given, because it will be opposed to the +principle of self-preservation, and to the love of family. No, no man +will be disposed to jeopard his life, and the lives of his countrymen. +And if no one dare inform, the whole authority of the Government cannot +carry the law into effect. The whole people will rise up against it. +Why? Because to enforce it would be to turn loose, in the bosom of the +country, firebrands that would consume them."[11] + +This was the more tragic form of the argument; it also had a mercenary +side, which was presented with equal emphasis. It was repeatedly said +that the only way to enforce the law was to play off individual +interests against each other. The profit from the sale of illegally +imported Negroes was declared to be the only sufficient "inducement to +give information of their importation."[12] "Give up the idea of +forfeiture, and I challenge the gentleman to invent fines, penalties, or +punishments of any sort, sufficient to restrain the slave trade."[13] +If such Negroes be freed, "I tell you that slaves will continue to be +imported as heretofore.... You cannot get hold of the ships employed in +this traffic. Besides, slaves will be brought into Georgia from East +Florida. They will be brought into the Mississippi Territory from the +bay of Mobile. You cannot inflict any other penalty, or devise any other +adequate means of prevention, than a forfeiture of the Africans in whose +possession they may be found after importation."[14] Then, too, when +foreigners smuggled in Negroes, "who then ... could be operated on, but +the purchasers? There was the rub--it was their interest alone which, by +being operated on, would produce a check. Snap their purse-strings, +break open their strong box, deprive them of their slaves, and by +destroying the temptation to buy, you put an end to the trade, ... +nothing short of a forfeiture of the slave would afford an effectual +remedy."[15] Again, it was argued that it was impossible to prevent +imported Negroes from becoming slaves, or, what was just as bad, from +being sold as vagabonds or indentured for life.[16] Even our own laws, +it was said, recognize the title of the African slave factor in the +transported Negroes; and if the importer have no title, why do we +legislate? Why not let the African immigrant alone to get on as he may, +just as we do the Irish immigrant?[17] If he should be returned to +Africa, his home could not be found, and he would in all probability be +sold into slavery again.[18] + +The constitutional argument was not urged as seriously as the foregoing; +but it had a considerable place. On the one hand, it was urged that if +the Negroes were forfeited, they were forfeited to the United States +government, which could dispose of them as it saw fit;[19] on the other +hand, it was said that the United States, as owner, was subject to State +laws, and could not free the Negroes contrary to such laws.[20] Some +alleged that the freeing of such Negroes struck at the title to all +slave property;[21] others thought that, as property in slaves was not +recognized in the Constitution, it could not be in a statute.[22] The +question also arose as to the source of the power of Congress over the +slave-trade. Southern men derived it from the clause on commerce, and +declared that it exceeded the power of Congress to declare Negroes +imported into a slave State, free, against the laws of that State; that +Congress could not determine what should or should not be property in a +State.[23] Northern men replied that, according to this principle, +forfeiture and sale in Massachusetts would be illegal; that the power of +Congress over the trade was derived from the restraining clause, as a +non-existent power could not be restrained; and that the United States +could act under her general powers as executor of the Law of +Nations.[24] + +The moral argument as to the disposal of illegally imported Negroes was +interlarded with all the others. On the one side, it began with the +"Rights of Man," and descended to a stickling for the decent appearance +of the statute-book; on the other side, it began with the uplifting of +the heathen, and descended to a denial of the applicability of moral +principles to the question. Said Holland of North Carolina: "It is +admitted that the condition of the slaves in the Southern States is much +superior to that of those in Africa. Who, then, will say that the trade +is immoral?"[25] But, in fact, "morality has nothing to do with this +traffic,"[26] for, as Joseph Clay declared, "it must appear to every man +of common sense, that the question could be considered in a commercial +point of view only."[27] The other side declared that, "by the laws of +God and man," these captured Negroes are "entitled to their freedom as +clearly and absolutely as we are;"[28] nevertheless, some were willing +to leave them to the tender mercies of the slave States, so long as the +statute-book was disgraced by no explicit recognition of slavery.[29] +Such arguments brought some sharp sarcasm on those who seemed anxious +"to legislate for the honor and glory of the statute book;"[30] some +desired "to know what honor you will derive from a law that will be +broken every day of your lives."[31] They would rather boldly sell the +Negroes and turn the proceeds over to charity. + +The final settlement of the question was as follows:-- + + "SECTION 4.... And neither the importer, nor any person + or persons claiming from or under him, shall hold any right or + title whatsoever to any negro, mulatto, or person of color, nor + to the service or labor thereof, who may be imported or brought + within the United States, or territories thereof, in violation + of this law, but the same shall remain subject to any + regulations not contravening the provisions of this act, which + the Legislatures of the several States or Territories at any + time hereafter may make, for disposing of any such negro, + mulatto, or person of color."[32] + + +57. ~The Second Question: How shall Violations be punished?~ The next +point in importance was that of the punishment of offenders. The +half-dozen specific propositions reduce themselves to two: 1. A +violation should be considered a crime or felony, and be punished by +death; 2. A violation should be considered a misdemeanor, and be +punished by fine and imprisonment.[33] + +Advocates of the severer punishment dwelt on the enormity of the +offence. It was "one of the highest crimes man could commit," and "a +captain of a ship engaged in this traffic was guilty of murder."[34] The +law of God punished the crime with death, and any one would rather be +hanged than be enslaved.[35] It was a peculiarly deliberate crime, in +which the offender did not act in sudden passion, but had ample time for +reflection.[36] Then, too, crimes of much less magnitude are punished +with death. Shall we punish the stealer of $50 with death, and the +man-stealer with imprisonment only?[37] Piracy, forgery, and fraudulent +sinking of vessels are punishable with death, "yet these are crimes only +against property; whereas the importation of slaves, a crime committed +against the liberty of man, and inferior only to murder or treason, is +accounted nothing but a misdemeanor."[38] Here, indeed, lies the remedy +for the evil of freeing illegally imported Negroes,--in making the +penalty so severe that none will be brought in; if the South is sincere, +"they will unite to a man to execute the law."[39] To free such Negroes +is dangerous; to enslave them, wrong; to return them, impracticable; to +indenture them, difficult,--therefore, by a death penalty, keep them +from being imported.[40] Here the East had a chance to throw back the +taunts of the South, by urging the South to unite with them in hanging +the New England slave-traders, assuring the South that "so far from +charging their Southern brethren with cruelty or severity in hanging +them, they would acknowledge the favor with gratitude."[41] Finally, if +the Southerners would refuse to execute so severe a law because they did +not consider the offence great, they would probably refuse to execute +any law at all for the same reason.[42] + +The opposition answered that the death penalty was more than +proportionate to the crime, and therefore "immoral."[43] "I cannot +believe," said Stanton of Rhode Island, "that a man ought to be hung for +only stealing a negro."[44] It was argued that the trade was after all +but a "transfer from one master to another;"[45] that slavery was worse +than the slave-trade, and the South did not consider slavery a crime: +how could it then punish the trade so severely and not reflect on the +institution?[46] Severity, it was said, was also inexpedient: severity +often increases crime; if the punishment is too great, people will +sympathize with offenders and will not inform against them. Said Mr. +Mosely: "When the penalty is excessive or disproportioned to the +offence, it will naturally create a repugnance to the law, and render +its execution odious."[47] John Randolph argued against even fine and +imprisonment, "on the ground that such an excessive penalty could not, +in such case, be constitutionally imposed by a Government possessed of +the limited powers of the Government of the United States."[48] + +The bill as passed punished infractions as follows:-- + + For equipping a slaver, a fine of $20,000 and forfeiture of the + ship. + + For transporting Negroes, a fine of $5000 and forfeiture of the + ship and Negroes. + + For transporting and selling Negroes, a fine of $1000 to + $10,000, imprisonment from 5 to 10 years, and forfeiture of the + ship and Negroes. + + For knowingly buying illegally imported Negroes, a fine of $800 + for each Negro, and forfeiture. + + +58. ~The Third Question: How shall the Interstate Coastwise Slave-Trade +be protected?~ The first proposition was to prohibit the coastwise +slave-trade altogether,[49] but an amendment reported to the House +allowed it "in any vessel or species of craft whatever." It is probable +that the first proposition would have prevailed, had it not been for the +vehement opposition of Randolph and Early.[50] They probably foresaw the +value which Virginia would derive from this trade in the future, and +consequently Randolph violently declared that if the amendment did not +prevail, "the Southern people would set the law at defiance. He would +begin the example." He maintained that by the first proposition "the +proprietor of sacred and chartered rights is prevented the +Constitutional use of his property."[51] The Conference Committee +finally arranged a compromise, forbidding the coastwise trade for +purposes of sale in vessels under forty tons.[52] This did not suit +Early, who declared that the law with this provision "would not prevent +the introduction of a single slave."[53] Randolph, too, would "rather +lose the bill, he had rather lose all the bills of the session, he had +rather lose every bill passed since the establishment of the Government, +than agree to the provision contained in this slave bill."[54] He +predicted the severance of the slave and the free States, if disunion +should ever come. Congress was, however, weary with the dragging of the +bill, and it passed both Houses with the compromise provision. Randolph +was so dissatisfied that he had a committee appointed the next day, and +introduced an amendatory bill. Both this bill and another similar one, +introduced at the next session, failed of consideration.[55] + + +59. ~Legislative History of the Bill.~[56] On December 12, 1805, Senator +Stephen R. Bradley of Vermont gave notice of a bill to prohibit the +introduction of slaves after 1808. By a vote of 18 to 9 leave was +given, and the bill read a first time on the 17th. On the 18th, however, +it was postponed until "the first Monday in December, 1806." The +presidential message mentioning the matter, Senator Bradley, December 3, +1806, gave notice of a similar bill, which was brought in on the 8th, +and on the 9th referred to a committee consisting of Bradley, Stone, +Giles, Gaillard, and Baldwin. This bill passed, after some +consideration, January 27. It provided, among other things, that +violations of the act should be felony, punishable with death, and +forbade the interstate coast-trade.[57] + +Meantime, in the House, Mr. Bidwell of Massachusetts had proposed, +February 4, 1806, as an amendment to a bill taxing slaves imported, that +importation after December 31, 1807, be prohibited, on pain of fine and +imprisonment and forfeiture of ship.[58] This was rejected by a vote of +86 to 17. On December 3, 1806, the House, in appointing committees on +the message, "_Ordered_, That Mr. Early, Mr. Thomas M. Randolph, Mr. +John Campbell, Mr. Kenan, Mr. Cook, Mr. Kelly, and Mr. Van Rensselaer be +appointed a committee" on the slave-trade. This committee reported a +bill on the 15th, which was considered, but finally, December 18, +recommitted. It was reported in an amended form on the 19th, and amended +in Committee of the Whole so as to make violation a misdemeanor +punishable by fine and imprisonment, instead of a felony punishable by +death.[59] A struggle over the disposal of the cargo then ensued. A +motion by Bidwell to except the cargo from forfeiture was lost, 77 to +39. Another motion by Bidwell may be considered the crucial vote on the +whole bill: it was an amendment to the forfeiture clause, and read, +_"Provided, that no person shall be sold as a slave by virtue of this +act."_[60] This resulted in a tie vote, 60 to 60; but the casting vote +of the Speaker, Macon of North Carolina, defeated it. New England voted +solidly in favor of it, the Middle States stood 4 for and 2 against it, +and the six Southern States stood solid against it. On January 8 the +bill went again to a select committee of seventeen, by a vote of 76 to +46. The bill was reported back amended January 20, and on the 28th the +Senate bill was also presented to the House. On the 9th, 10th, and 11th +of February both bills were considered in Committee of the Whole, and +the Senate bill finally replaced the House bill, after several +amendments had been made.[61] The bill was then passed, by a vote of 113 +to 5.[62] The Senate agreed to the amendments, including that +substituting fine and imprisonment for the death penalty, but asked for +a conference on the provision which left the interstate coast-trade +free. The six conferees succeeded in bringing the Houses to agree, by +limiting the trade to vessels over forty tons and requiring registry of +the slaves.[63] + +The following diagram shows in graphic form the legislative history of +the act:--[64] + + _Senate._ _1805._ _House._ +Bradley gives notice. + Dec. 12. +Leave given; bill read. + 17. +Postponed one year. + 18. + | _1806._ + Feb. 4. + Bidwell's amendment. +Notice. + Dec. 3. + Committee on +Bill introduced. + 8. | slave trade. +Committed. + 9. | + | 15. + Bill reported. + | 17. | + | 18. | + | 19. | + | 23. | + | 29. | + | 31. | + | _1807._ | + | Jan. 5. | + | 7. | + | 8. + Read third time; +Reported. + 15. | recommitted. + | 16. | + | 20. + Reported +Third reading. + 26. | amended. +PASSED. + 27. | + \ _ _ _ _ _ _ _ _ _ _ _ | + 28. | | Senate bill + Feb. 9. | | reported. + 10. | | + 11. + | Senate bill + 12. | amended. +Reported from House. 13. + PASSED. + _ _ _ _ _ _ _ _ _ _ _ | +Reported to House. | 17. Reported back. + - - - - - - - - - - - + 18. | House insists; + - - - - - - - - - - - asks conference. + \ / + - - _ __ - - - - - - + X +House asks conference. _ _ _/ \_ __ + \ _ + 2|5 - - - -_ Conference report + _ _ _ _ _ _-|- - - - - adopted. +Conference report / 2|6 + adopted. \_ _ _ | +Bill enrolled. - - - -2|8 + March |2. + V + Signed by the President. + +This bill received the approval of President Jefferson, March 2, 1807, +and became thus the "Act to prohibit the importation of Slaves into any +port or place within the jurisdiction of the United States, from and +after the first day of January, in the year of our Lord one thousand +eight hundred and eight."[65] The debates in the Senate were not +reported. Those in the House were prolonged and bitter, and hinged +especially on the disposal of the slaves, the punishment of offenders, +and the coast-trade. Men were continually changing their votes, and the +bill see-sawed backward and forward, in committee and out, until the +House was thoroughly worn out. On the whole, the strong anti-slavery +men, like Bidwell and Sloan, were outgeneraled by Southerners, like +Early and Williams; and, considering the immense moral backing of the +anti-slavery party from the Revolutionary fathers down, the bill of 1807 +can hardly be regarded as a great anti-slavery victory. + + +60. ~Enforcement of the Act.~ The period so confidently looked forward +to by the constitutional fathers had at last arrived; the slave-trade +was prohibited, and much oratory and poetry were expended in celebration +of the event. In the face of this, let us see how the Act of 1807 was +enforced and what it really accomplished. It is noticeable, in the first +place, that there was no especial set of machinery provided for the +enforcement of this act. The work fell first to the Secretary of the +Treasury, as head of the customs collection. Then, through the activity +of cruisers, the Secretary of the Navy gradually came to have oversight, +and eventually the whole matter was lodged with him, although the +Departments of State and War were more or less active on different +occasions. Later, at the advent of the Lincoln government, the +Department of the Interior was charged with the enforcement of the +slave-trade laws. It would indeed be surprising if, amid so much +uncertainty and shifting of responsibility, the law were not poorly +enforced. Poor enforcement, moreover, in the years 1808 to 1820 meant +far more than at almost any other period; for these years were, all +over the European world, a time of stirring economic change, and the set +which forces might then take would in a later period be unchangeable +without a cataclysm. Perhaps from 1808 to 1814, in the midst of +agitation and war, there was some excuse for carelessness. From 1814 on, +however, no such palliation existed, and the law was probably enforced +as the people who made it wished it enforced. + +Most of the Southern States rather tardily passed the necessary +supplementary acts disposing of illegally imported Africans. A few +appear not to have passed any. Some of these laws, like the +Alabama-Mississippi Territory Act of 1815,[66] directed such Negroes to +be "sold by the proper officer of the court, to the highest bidder, at +public auction, for ready money." One-half the proceeds went to the +informer or to the collector of customs, the other half to the public +treasury. Other acts, like that of North Carolina in 1816,[67] directed +the Negroes to "be sold and disposed of for the use of the state." +One-fifth of the proceeds went to the informer. The Georgia Act of +1817[68] directed that the slaves be either sold or given to the +Colonization Society for transportation, providing the society reimburse +the State for all expense incurred, and pay for the transportation. In +this manner, machinery of somewhat clumsy build and varying pattern was +provided for the carrying out of the national act. + + +61. ~Evidence of the Continuance of the Trade.~ Undoubtedly, the Act of +1807 came very near being a dead letter. The testimony supporting this +view is voluminous. It consists of presidential messages, reports of +cabinet officers, letters of collectors of revenue, letters of district +attorneys, reports of committees of Congress, reports of naval +commanders, statements made on the floor of Congress, the testimony of +eye-witnesses, and the complaints of home and foreign anti-slavery +societies. + +"When I was young," writes Mr. Fowler of Connecticut, "the slave-trade +was still carried on, by Connecticut shipmasters and Merchant +adventurers, for the supply of southern ports. This trade was carried +on by the consent of the Southern States, under the provisions of the +Federal Constitution, until 1808, and, after that time, clandestinely. +There was a good deal of conversation on the subject, in private +circles." Other States were said to be even more involved than +Connecticut.[69] The African Society of London estimated that, down to +1816, fifteen of the sixty thousand slaves annually taken from Africa +were shipped by Americans. "Notwithstanding the prohibitory act of +America, which was passed in 1807, ships bearing the American flag +continued to trade for slaves until 1809, when, in consequence of a +decision in the English prize appeal courts, which rendered American +slave ships liable to capture and condemnation, that flag suddenly +disappeared from the coast. Its place was almost instantaneously +supplied by the Spanish flag, which, with one or two exceptions, was now +seen for the first time on the African coast, engaged in covering the +slave trade. This sudden substitution of the Spanish for the American +flag seemed to confirm what was established in a variety of instances by +more direct testimony, that the slave trade, which now, for the first +time, assumed a Spanish dress, was in reality only the trade of other +nations in disguise."[70] + +So notorious did the participation of Americans in the traffic become, +that President Madison informed Congress in his message, December 5, +1810, that "it appears that American citizens are instrumental in +carrying on a traffic in enslaved Africans, equally in violation of the +laws of humanity, and in defiance of those of their own country. The +same just and benevolent motives which produced the interdiction in +force against this criminal conduct, will doubtless be felt by Congress, +in devising further means of suppressing the evil."[71] The Secretary of +the Navy wrote the same year to Charleston, South Carolina: "I hear, not +without great concern, that the law prohibiting the importation of +slaves has been violated in frequent instances, near St. Mary's."[72] +Testimony as to violations of the law and suggestions for improving it +also came in from district attorneys.[73] + +The method of introducing Negroes was simple. A slave smuggler says: +"After resting a few days at St. Augustine, ... I agreed to accompany +Diego on a land trip through the United States, where a _kaffle_ of +negroes was to precede us, for whose disposal the shrewd Portuguese had +already made arrangements with my uncle's consignees. I soon learned how +readily, and at what profits, the Florida negroes were sold into the +neighboring American States. The _kaffle_, under charge of negro +drivers, was to strike up the Escambia River, and thence cross the +boundary into Georgia, where some of our wild Africans were mixed with +various squads of native blacks, and driven inland, till sold off, +singly or by couples, on the road. At this period [1812], the United +States had declared the African slave trade illegal, and passed +stringent laws to prevent the importation of negroes; yet the Spanish +possessions were thriving on this inland exchange of negroes and +mulattoes; Florida was a sort of nursery for slave-breeders, and many +American citizens grew rich by trafficking in Guinea negroes, and +smuggling them continually, in small parties, through the southern +United States. At the time I mention, the business was a lively one, +owing to the war then going on between the States and England, and the +unsettled condition of affairs on the border."[74] + +The Spanish flag continued to cover American slave-traders. The rapid +rise of privateering during the war was not caused solely by patriotic +motives; for many armed ships fitted out in the United States obtained a +thin Spanish disguise at Havana, and transported thousands of slaves to +Brazil and the West Indies. Sometimes all disguise was thrown aside, and +the American flag appeared on the slave coast, as in the cases of the +"Paz,"[75] the "Rebecca," the "Rosa"[76] (formerly the privateer +"Commodore Perry"), the "Dorset" of Baltimore,[77] and the "Saucy +Jack."[78] Governor McCarthy of Sierra Leone wrote, in 1817: "The slave +trade is carried on most vigorously by the Spaniards, Portuguese, +Americans and French. I have had it affirmed from several quarters, and +do believe it to be a fact, that there is a greater number of vessels +employed in that traffic than at any former period."[79] + + +62. ~Apathy of the Federal Government.~ The United States cruisers +succeeded now and then in capturing a slaver, like the "Eugene," which +was taken when within four miles of the New Orleans bar.[80] President +Madison again, in 1816, urged Congress to act on account of the +"violations and evasions which, it is suggested, are chargeable on +unworthy citizens, who mingle in the slave trade under foreign flags, +and with foreign ports; and by collusive importations of slaves into the +United States, through adjoining ports and territories."[81] The +executive was continually in receipt of ample evidence of this illicit +trade and of the helplessness of officers of the law. In 1817 it was +reported to the Secretary of the Navy that most of the goods carried to +Galveston were brought into the United States; "the more valuable, and +the slaves are smuggled in through the numerous inlets to the westward, +where the people are but too much disposed to render them every possible +assistance. Several hundred slaves are now at Galveston, and persons +have gone from New-Orleans to purchase them. Every exertion will be +made to intercept them, but I have little hopes of success."[82] Similar +letters from naval officers and collectors showed that a system of slave +piracy had arisen since the war, and that at Galveston there was an +establishment of organized brigands, who did not go to the trouble of +sailing to Africa for their slaves, but simply captured slavers and sold +their cargoes into the United States. This Galveston nest had, in 1817, +eleven armed vessels to prosecute the work, and "the most shameful +violations of the slave act, as well as our revenue laws, continue to be +practised."[83] Cargoes of as many as three hundred slaves were arriving +in Texas. All this took place under Aury, the buccaneer governor; and +when he removed to Amelia Island in 1817 with the McGregor raid, the +illicit traffic in slaves, which had been going on there for years,[84] +took an impulse that brought it even to the somewhat deaf ears of +Collector Bullock. He reported, May 22, 1817: "I have just received +information from a source on which I can implicitly rely, that it has +already become the practice to introduce into the state of Georgia, +across the St. Mary's River, from Amelia Island, East Florida, Africans, +who have been carried into the Port of Fernandina, subsequent to the +capture of it by the Patriot army now in possession of it ...; were the +legislature to pass an act giving compensation in some manner to +informers, it would have a tendency in a great degree to prevent the +practice; as the thing now is, no citizen will take the trouble of +searching for and detecting the slaves. I further understand, that the +evil will not be confined altogether to Africans, but will be extended +to the worst class of West India slaves."[85] + +Undoubtedly, the injury done by these pirates to the regular +slave-trading interests was largely instrumental in exterminating them. +Late in 1817 United States troops seized Amelia Island, and President +Monroe felicitated Congress and the country upon escaping the "annoyance +and injury" of this illicit trade.[86] The trade, however, seems to have +continued, as is shown by such letters as the following, written three +and a half months later:-- + + PORT OF DARIEN, March 14, 1818. + + ... It is a painful duty, sir, to express to you, that I am in + possession of undoubted information, that African and West India + negroes are almost daily illicitly introduced into Georgia, for + sale or settlement, or passing through it to the territories of + the United States for similar purposes; these facts are + notorious; and it is not unusual to see such negroes in the + streets of St. Mary's, and such too, recently captured by our + vessels of war, and ordered to Savannah, were illegally bartered + by hundreds in that city, _for_ this bartering or bonding (as + _it is called_, but in reality _selling_,) actually took place + before any decision had [been] passed by the court respecting + them. I cannot but again express to you, sir, that these + irregularities and mocking of the laws, by men who understand + them, and who, it was presumed, would have respected them, are + such, that it requires the immediate interposition of Congress + to effect a suppression of this traffic; for, as things are, + should a faithful officer of the government apprehend such + negroes, to avoid the penalties imposed by the laws, the + proprietors disclaim them, and some agent of the executive + demands a delivery of the same to him, who may employ them as he + pleases, or effect a sale by way of a bond, for the restoration + of the negroes when legally called on so to do; which bond, it + is _understood_, is to be _forfeited_, as the amount of the bond + is so much less than the value of the property.... There are + many negroes ... recently introduced into this state and the + Alabama territory, and which can be apprehended. The undertaking + would be great; but to be sensible that we shall possess your + approbation, and that we are carrying the views and wishes of + the government into execution, is all we wish, and it shall be + done, independent of every personal consideration. + + I have, etc.[87] + +This "approbation" failed to come to the zealous collector, and on the +5th of July he wrote that, "not being favored with a reply," he has been +obliged to deliver over to the governor's agents ninety-one illegally +imported Negroes.[88] Reports from other districts corroborate this +testimony. The collector at Mobile writes of strange proceedings on the +part of the courts.[89] General D.B. Mitchell, ex-governor of Georgia +and United States Indian agent, after an investigation in 1821 by +Attorney-General Wirt, was found "guilty of having prostituted his +power, as agent for Indian affairs at the Creek agency, to the purpose +of aiding and assisting in a conscious breach of the act of Congress of +1807, in prohibition of the slave trade--and this from mercenary +motives."[90] The indefatigable Collector Chew of New Orleans wrote to +Washington that, "to put a stop to that traffic, a naval force suitable +to those waters is indispensable," and that "vast numbers of slaves will +be introduced to an alarming extent, unless prompt and effectual +measures are adopted by the general government."[91] Other collectors +continually reported infractions, complaining that they could get no +assistance from the citizens,[92] or plaintively asking the services of +"one small cutter."[93] + +Meantime, what was the response of the government to such +representations, and what efforts were made to enforce the act? A few +unsystematic and spasmodic attempts are recorded. In 1811 some special +instructions were sent out,[94] and the President was authorized to +seize Amelia Island.[95] Then came the war; and as late as November 15, +1818, in spite of the complaints of collectors, we find no revenue +cutter on the Gulf coast.[96] During the years 1817 and 1818[97] some +cruisers went there irregularly, but they were too large to be +effective; and the partial suppression of the Amelia Island pirates was +all that was accomplished. On the whole, the efforts of the government +lacked plan, energy, and often sincerity. Some captures of slavers were +made;[98] but, as the collector at Mobile wrote, anent certain cases, +"this was owing rather to accident, than any well-timed arrangement." He +adds: "from the Chandalier Islands to the Perdido river, including the +coast, and numerous other islands, we have only a small boat, with four +men and an inspector, to oppose to the whole confederacy of smugglers +and pirates."[99] + +To cap the climax, the government officials were so negligent that +Secretary Crawford, in 1820, confessed to Congress that "it appears, +from an examination of the records of this office, that no particular +instructions have ever been given, by the Secretary of the Treasury, +under the original or supplementary acts prohibiting the introduction of +slaves into the United States."[100] Beside this inactivity, the +government was criminally negligent in not prosecuting and punishing +offenders when captured. Urgent appeals for instruction from prosecuting +attorneys were too often received in official silence; complaints as to +the violation of law by State officers went unheeded;[101] informers +were unprotected and sometimes driven from home.[102] Indeed, the most +severe comment on the whole period is the report, January 7, 1819, of +the Register of the Treasury, who, after the wholesale and open +violation of the Act of 1807, reported, in response to a request from +the House, "that it doth not appear, from an examination of the records +of this office, and particularly of the accounts (to the date of their +last settlement) of the collectors of the customs, and of the several +marshals of the United States, that any forfeitures had been incurred +under the said act."[103] + +63. ~Typical Cases.~ At this date (January 7, 1819), however, certain +cases were stated to be pending, a history of which will fitly conclude +this discussion. In 1818 three American schooners sailed from the United +States to Havana; on June 2 they started back with cargoes aggregating +one hundred and seven slaves. The schooner "Constitution" was captured +by one of Andrew Jackson's officers under the guns of Fort Barancas. The +"Louisa" and "Marino" were captured by Lieutenant McKeever of the United +States Navy. The three vessels were duly proceeded against at Mobile, +and the case began slowly to drag along. The slaves, instead of being +put under the care of the zealous marshal of the district, were placed +in the hands of three bondsmen, friends of the judge. The marshal +notified the government of this irregularity, but apparently received no +answer. In 1822 the three vessels were condemned as forfeited, but the +court "reserved" for future order the distribution of the slaves. +Nothing whatever either then or later was done to the slave-traders +themselves. The owners of the ships promptly appealed to the Supreme +Court of the United States, and that tribunal, in 1824, condemned the +three vessels and the slaves on two of them.[104] These slaves, +considerably reduced in number "from various causes," were sold at +auction for the benefit of the State, in spite of the Act of 1819. +Meantime, before the decision of the Supreme Court, the judge of the +Supreme Court of West Florida had awarded to certain alleged Spanish +claimants of the slaves indemnity for nearly the whole number seized, at +the price of $650 per head, and the Secretary of the Treasury had +actually paid the claim.[105] In 1826 Lieutenant McKeever urgently +petitions Congress for his prize-money of $4,415.15, which he has not +yet received.[106] The "Constitution" was for some inexplicable reason +released from bond, and the whole case fades in a very thick cloud of +official mist. In 1831 Congress sought to inquire into the final +disposition of the slaves. The information given was never printed; but +as late as 1836 a certain Calvin Mickle petitions Congress for +reimbursement for the slaves sold, for their hire, for their natural +increase, for expenses incurred, and for damages.[107] + + +64. ~The Supplementary Acts, 1818-1820.~ To remedy the obvious defects +of the Act of 1807 two courses were possible: one, to minimize the crime +of transportation, and, by encouraging informers, to concentrate efforts +against the buying of smuggled slaves; the other, to make the crime of +transportation so great that no slaves would be imported. The Act of +1818 tried the first method; that of 1819, the second.[108] The latter +was obviously the more upright and logical, and the only method +deserving thought even in 1807; but the Act of 1818 was the natural +descendant of that series of compromises which began in the +Constitutional Convention, and which, instead of postponing the +settlement of critical questions to more favorable times, rather +aggravated and complicated them. + +The immediate cause of the Act of 1818 was the Amelia Island +scandal.[109] Committees in both Houses reported bills, but that of the +Senate finally passed. There does not appear to have been very much +debate.[110] The sale of Africans for the benefit of the informer and of +the United States was strongly urged "as the only means of executing the +laws against the slave trade as experience had fully demonstrated since +the origin of the prohibition."[111] This proposition was naturally +opposed as "inconsistent with the principles of our Government, and +calculated to throw as wide open the door to the importation of slaves +as it was before the existing prohibition."[112] The act, which became a +law April 20, 1818,[113] was a poorly constructed compromise, which +virtually acknowledged the failure of efforts to control the trade, and +sought to remedy defects by pitting cupidity against cupidity, informer +against thief. One-half of all forfeitures and fines were to go to the +informer, and penalties for violation were changed as follows:-- + + For equipping a slaver, instead of a fine of $20,000, a fine of + $1000 to $5000 and imprisonment from 3 to 7 years. + + For transporting Negroes, instead of a fine of $5000 and + forfeiture of ship and Negroes, a fine of $1000 to $5000 and + imprisonment from 3 to 7 years. + + For actual importation, instead of a fine of $1000 to $10,000 + and imprisonment from 5 to 10 years, a fine of $1000 to + $10,000, and imprisonment from 3 to 7 years. + + For knowingly buying illegally imported Negroes, instead of a + fine of $800 for each Negro and forfeiture, a fine of $1000 for + each Negro. + +The burden of proof was laid on the defendant, to the extent that he +must prove that the slave in question had been imported at least five +years before the prosecution. The slaves were still left to the disposal +of the States. + +This statute was, of course, a failure from the start,[114] and at the +very next session Congress took steps to revise it. A bill was reported +in the House, January 13, 1819, but it was not discussed till +March.[115] It finally passed, after "much debate."[116] The Senate +dropped its own bill, and, after striking out the provision for the +death penalty, passed the bill as it came from the House.[117] The House +acquiesced, and the bill became a law, March 3, 1819,[118] in the midst +of the Missouri trouble. This act directed the President to use armed +cruisers on the coasts of the United States and Africa to suppress the +slave-trade; one-half the proceeds of the condemned ship were to go to +the captors as bounty, provided the Africans were safely lodged with a +United States marshal and the crew with the civil authorities. These +provisions were seriously marred by a proviso which Butler of Louisiana, +had inserted, with a "due regard for the interests of the State which he +represented," viz., that a captured slaver must always be returned to +the port whence she sailed.[119] This, of course, secured decided +advantages to Southern slave-traders. The most radical provision of the +act was that which directed the President to "make such regulations and +arrangements as he may deem expedient for the safe keeping, support, and +removal beyond the limits of the United States, of all such negroes, +mulattoes, or persons of colour, as may be so delivered and brought +within their jurisdiction;" and to appoint an agent in Africa to receive +such Negroes.[120] Finally, an appropriation of $100,000 was made to +enforce the act.[121] This act was in some measure due to the new +colonization movement; and the return of Africans recaptured was a +distinct recognition of its efforts, and the real foundation of Liberia. + +To render this straightforward act effective, it was necessary to add +but one measure, and that was a penalty commensurate with the crime of +slave stealing. This was accomplished by the Act of May 15, 1820,[122] a +law which may be regarded as the last of the Missouri Compromise +measures. The act originated from the various bills on piracy which were +introduced early in the sixteenth Congress. The House bill, in spite of +opposition, was amended so as to include slave-trading under piracy, +and passed. The Senate agreed without a division. This law provided that +direct participation in the slave-trade should be piracy, punishable +with death.[123] + + ----------------------+----------------------+----------------------- + STATUTES AT LARGE. | DATE. | AMOUNT APPROPRIATED. + ----------------------+----------------------+----------------------- + VOL. PAGE | | + III. 533-4 | March 3, 1819 | $100,000 + " 764 | " 3, 1823 | 50,000 + IV. 141 | " 14, 1826 | 32,000 + " 208 | March 2, 1827 | / 36,710 + | | \ 20,000 + " 302 | May 24, 1828 | 30,000 + " 354 | March 2, 1829 | 16,000 + " 462 | " 2, 1831 | 16,000 + " 615 | Feb. 20, 1833 | 5,000 + " 671 | Jan. 24, 1834 | 5,000 + V. 157-8 | March 3, 1837 | 11,413.57 + " 501 | Aug. 4, 1842 | 10,543.42 + " 615 | March 3, 1843 | 5,000 + IX. 96 | Aug. 10, 1846 | 25,000 + XI. 90 | " 18, 1856 | 8,000 + " 227 | March 3, 1857 | 8,000 + " 404 | " 3, 1859 | 75,000 + XII. 21 | May 26, 1860 | 40,000 + " 132 | Feb. 19, 1861 | 900,000 + " 219 | March 2, 1861 | 900,000 + " 639 | Feb. 4, 1863 | 17,000 + XIII. 424 | Jan. 24, 1865 | 17,000 + XIV. 226 | July 25, 1866 | 17,000 + " 415 | Feb. 28, 1867 | 17,000 + XV. 58 | March 30, 1868 | 12,500 + " 321 | March 3, 1869 | 12,500 + ----------------------+----------------------+----------------------- + Total, 50 years $2,386,666.99 + Minus surpluses re-appropriated (approximate) 48,666.99? + -------------- + $2,338,000 + Cost of squadron, 1843-58, @ $384,500 per year + (_House Exec. Doc._, 31 Cong. 1 sess. IX. No. 73) 5,767,500 + Returning slaves on "Wildfire" (_Statutes at Large_, + XII. 41) 250,000 + Approximate cost of squadron, 1858-66, probably not + less than $500,000 per year 4,000,000? + --------------- + Approximate money cost of suppressing the + slave-trade $12,355,500? + +Cf. Kendall's Report: _Senate Doc._, 21 Cong. 2 sess. I. No. 1, pp. +211-8; _Amer. State Papers, Naval_, III. No. 429 E.; also Reports of +the Secretaries of the Navy from 1819 to 1860. + + +65. ~Enforcement of the Supplementary Acts, 1818-1825.~ A somewhat more +sincere and determined effort to enforce the slave-trade laws now +followed; and yet it is a significant fact that not until Lincoln's +administration did a slave-trader suffer death for violating the laws of +the United States. The participation of Americans in the trade +continued, declining somewhat between 1825 and 1830, and then reviving, +until it reached its highest activity between 1840 and 1860. The +development of a vast internal slave-trade, and the consequent rise in +the South of vested interests strongly opposed to slave smuggling, led +to a falling off in the illicit introduction of Negroes after 1825, +until the fifties; nevertheless, smuggling never entirely ceased, and +large numbers were thus added to the plantations of the Gulf States. + +Monroe had various constitutional scruples as to the execution of the +Act of 1819;[124] but, as Congress took no action, he at last put a fair +interpretation on his powers, and appointed Samuel Bacon as an agent in +Africa to form a settlement for recaptured Africans. Gradually the +agency thus formed became merged with that of the Colonization Society +on Cape Mesurado; and from this union Liberia was finally evolved.[125] + +Meantime, during the years 1818 to 1820, the activity of the +slave-traders was prodigious. General James Tallmadge declared in the +House, February 15, 1819: "Our laws are already highly penal against +their introduction, and yet, it is a well known fact, that about +fourteen thousand slaves have been brought into our country this last +year."[126] In the same year Middleton of South Carolina and Wright of +Virginia estimated illicit introduction at 13,000 and 15,000 +respectively.[127] Judge Story, in charging a jury, took occasion to +say: "We have but too many proofs from unquestionable sources, that it +[the slave-trade] is still carried on with all the implacable rapacity +of former times. Avarice has grown more subtle in its evasions, and +watches and seizes its prey with an appetite quickened rather than +suppressed by its guilty vigils. American citizens are steeped to their +very mouths (I can hardly use too bold a figure) in this stream of +iniquity."[128] The following year, 1820, brought some significant +statements from various members of Congress. Said Smith of South +Carolina: "Pharaoh was, for his temerity, drowned in the Red Sea, in +pursuing them [the Israelites] contrary to God's express will; but our +Northern friends have not been afraid even of that, in their zeal to +furnish the Southern States with Africans. They are better seamen than +Pharaoh, and calculate by that means to elude the vigilance of Heaven; +which they seem to disregard, if they can but elude the violated laws of +their country."[129] As late as May he saw little hope of suppressing +the traffic.[130] Sergeant of Pennsylvania declared: "It is notorious +that, in spite of the utmost vigilance that can be employed, African +negroes are clandestinely brought in and sold as slaves."[131] Plumer of +New Hampshire stated that "of the unhappy beings, thus in violation of +all laws transported to our shores, and thrown by force into the mass of +our black population, scarcely one in a hundred is ever detected by the +officers of the General Government, in a part of the country, where, if +we are to believe the statement of Governor Rabun, 'an officer who would +perform his duty, by attempting to enforce the law [against the slave +trade] is, by many, considered as an officious meddler, and treated with +derision and contempt;' ... I have been told by a gentleman, who has +attended particularly to this subject, that ten thousand slaves were in +one year smuggled into the United States; and that, even for the last +year, we must count the number not by hundreds, but by thousands."[132] +In 1821 a committee of Congress characterized prevailing methods as +those "of the grossest fraud that could be practised to deceive the +officers of government."[133] Another committee, in 1822, after a +careful examination of the subject, declare that they "find it +impossible to measure with precision the effect produced upon the +American branch of the slave trade by the laws above mentioned, and the +seizures under them. They are unable to state, whether those American +merchants, the American capital and seamen which heretofore aided in +this traffic, have abandoned it altogether, or have sought shelter under +the flags of other nations." They then state the suspicious circumstance +that, with the disappearance of the American flag from the traffic, "the +trade, notwithstanding, increases annually, under the flags of other +nations." They complain of the spasmodic efforts of the executive. They +say that the first United States cruiser arrived on the African coast in +March, 1820, and remained a "few weeks;" that since then four others had +in two years made five visits in all; but "since the middle of last +November, the commencement of the healthy season on that coast, no +vessel has been, nor, as your committee is informed, is, under orders +for that service."[134] The United States African agent, Ayres, reported +in 1823: "I was informed by an American officer who had been on the +coast in 1820, that he had boarded 20 American vessels in one morning, +lying in the port of Gallinas, and fitted for the reception of slaves. +It is a lamentable fact, that most of the harbours, between the Senegal +and the line, were visited by an equal number of American vessels, and +for the sole purpose of carrying away slaves. Although for some years +the coast had been occasionally visited by our cruizers, their short +stay and seldom appearance had made but slight impression on those +traders, rendered hardy by repetition of crime, and avaricious by +excessive gain. They were enabled by a regular system to gain +intelligence of any cruizer being on the coast."[135] + +Even such spasmodic efforts bore abundant fruit, and indicated what +vigorous measures might have accomplished. Between May, 1818, and +November, 1821, nearly six hundred Africans were recaptured and eleven +American slavers taken.[136] Such measures gradually changed the +character of the trade, and opened the international phase of the +question. American slavers cleared for foreign ports, there took a +foreign flag and papers, and then sailed boldly past American cruisers, +although their real character was often well known. More stringent +clearance laws and consular instructions might have greatly reduced this +practice; but nothing was ever done, and gradually the laws became in +large measure powerless to deal with the bulk of the illicit trade. In +1820, September 16, a British officer, in his official report, declares +that, in spite of United States laws, "American vessels, American +subjects, and American capital, are unquestionably engaged in the trade, +though under other colours and in disguise."[137] The United States ship +"Cyane" at one time reported ten captures within a few days, adding: +"Although they are evidently owned by Americans, they are so completely +covered by Spanish papers that it is impossible to condemn them."[138] +The governor of Sierra Leone reported the rivers Nunez and Pongas full +of renegade European and American slave-traders;[139] the trade was said +to be carried on "to an extent that almost staggers belief."[140] Down +to 1824 or 1825, reports from all quarters prove this activity in +slave-trading. + +The execution of the laws within the country exhibits grave defects and +even criminal negligence. Attorney-General Wirt finds it necessary to +assure collectors, in 1819, that "it is against public policy to +dispense with prosecutions for violation of the law to prohibit the +Slave trade."[141] One district attorney writes: "It appears to be +almost impossible to enforce the laws of the United States against +offenders after the negroes have been landed in the state."[142] Again, +it is asserted that "when vessels engaged in the slave trade have been +detained by the American cruizers, and sent into the slave-holding +states, there appears at once a difficulty in securing the freedom to +these captives which the laws of the United States have decreed for +them."[143] In some cases, one man would smuggle in the Africans and +hide them in the woods; then his partner would "rob" him, and so all +trace be lost.[144] Perhaps 350 Africans were officially reported as +brought in contrary to law from 1818 to 1820: the absurdity of this +figure is apparent.[145] A circular letter to the marshals, in 1821, +brought reports of only a few well-known cases, like that of the +"General Ramirez;" the marshal of Louisiana had "no information."[146] + +There appears to be little positive evidence of a large illicit +importation into the country for a decade after 1825. It is hardly +possible, however, considering the activity in the trade, that slaves +were not largely imported. Indeed, when we note how the laws were +continually broken in other respects, absence of evidence of petty +smuggling becomes presumptive evidence that collusive or tacit +understanding of officers and citizens allowed the trade to some +extent.[147] Finally, it must be noted that during all this time +scarcely a man suffered for participating in the trade, beyond the loss +of the Africans and, more rarely, of his ship. Red-handed slavers, +caught in the act and convicted, were too often, like La Coste of South +Carolina, the subjects of executive clemency.[148] In certain cases +there were those who even had the effrontery to ask Congress to cancel +their own laws. For instance, in 1819 a Venezuelan privateer, secretly +fitted out and manned by Americans in Baltimore, succeeded in capturing +several American, Portuguese, and Spanish slavers, and appropriating the +slaves; being finally wrecked herself, she transferred her crew and +slaves to one of her prizes, the "Antelope," which was eventually +captured by a United States cruiser and the 280 Africans sent to +Georgia. After much litigation, the United States Supreme Court ordered +those captured from Spaniards to be surrendered, and the others to be +returned to Africa. By some mysterious process, only 139 Africans now +remained, 100 of whom were sent to Africa. The Spanish claimants of the +remaining thirty-nine sold them to a certain Mr. Wilde, who gave bond to +transport them out of the country. Finally, in December, 1827, there +came an innocent petition to Congress to _cancel this bond_.[149] A bill +to that effect passed and was approved, May 2, 1828,[150] and in +consequence these Africans remained as slaves in Georgia. + +On the whole, it is plain that, although in the period from 1807 to 1820 +Congress laid down broad lines of legislation sufficient, save in some +details, to suppress the African slave trade to America, yet the +execution of these laws was criminally lax. Moreover, by the facility +with which slavers could disguise their identity, it was possible for +them to escape even a vigorous enforcement of our laws. This situation +could properly be met only by energetic and sincere international +co-operation. The next chapter will review efforts directed toward this +end.[151] + + +FOOTNOTES: + + [1] _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 468. + + [2] Cf. below, Sec. 59. + + [3] _Annals of Cong._, 9 Cong. 2 sess. p. 238. + + [4] There were at least twelve distinct propositions as to the + disposal of the Africans imported:-- + + 1. That they be forfeited and sold by the United States at + auction (Early's bill, reported Dec. 15: _Annals of Cong._, 9 + Cong. 2 sess. pp. 167-8). + + 2. That they be forfeited and left to the disposal of the + States (proposed by Bidwell and Early: _Ibid._, pp. 181, 221, + 477. This was the final settlement.) + + 3. That they be forfeited and sold, and that the proceeds go + to charities, education, or internal improvements (Early, + Holland, and Masters: _Ibid._, p. 273). + + 4. That they be forfeited and indentured for life (Alston and + Bidwell: _Ibid._, pp. 170-1). + + 5. That they be forfeited and indentured for 7, 8, or 10 + years (Pitkin: _Ibid._, p. 186). + + 6. That they be forfeited and given into the custody of the + President, and by him indentured in free States for a term of + years (bill reported from the Senate Jan. 28: _House Journal_ + (repr. 1826), 9 Cong. 2 sess. V. 575; _Annals of Cong._, 9 + Cong. 2 sess. p. 477. Cf. also _Ibid._, p. 272). + + 7. That the Secretary of the Treasury dispose of them, at his + discretion, in service (Quincy: _Ibid._, p. 183). + + 8. That those imported into slave States be returned to + Africa or bound out in free States (Sloan: _Ibid._, p. 254). + + 9. That all be sent back to Africa (Smilie: _Ibid._, p. 176). + + 10. That those imported into free States be free, those + imported into slave States be returned to Africa or indentured + (Sloan: _Ibid._, p. 226). + + 11. That they be forfeited but not sold (Sloan and others: + _Ibid._, p. 270). + + 12. That they be free (Sloan: _Ibid._, p. 168; Bidwell: + _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 515). + + [5] Bidwell, Cook, and others: _Annals of Cong._, 9 Cong. 2 + sess. p. 201. + + [6] Bidwell: _Ibid._, p. 172. + + [7] Fisk: _Ibid._, pp. 224-5; Bidwell: _Ibid._, p. 221. + + [8] Quincy: _Ibid._, p. 184. + + [9] _Annals of Cong._, 9 Cong. 2 sess. p. 478; Bidwell: + _Ibid._, p. 171. + + [10] _Ibid._, p. 172. + + [11] _Annals of Cong._, 9 Cong. 2 sess. pp. 173-4. + + [12] Alston: _Ibid._, p. 170. + + [13] D.R. Williams: _Annals of Cong._, 9 Cong. 2 sess. p. 183. + + [14] Early: _Ibid._, pp. 184-5. + + [15] Lloyd, Early, and others: _Ibid._, p. 203. + + [16] Alston: _Ibid._, p. 170. + + [17] Quincy: _Ibid._, p. 222; Macon: _Ibid._, p. 225. + + [18] Macon: _Ibid._, p. 177. + + [19] Barker: _Ibid._, p. 171; Bidwell: _Ibid._, p. 172. + + [20] Clay, Alston, and Early: _Ibid._, p. 266. + + [21] Clay, Alston, and Early: _Annals of Cong._, 9 Cong. 2 + sess. p. 266. + + [22] Bidwell: _Ibid._, p. 221. + + [23] Sloan and others: _Ibid._, p. 271; Early and Alston: + _Ibid._, pp. 168, 171. + + [24] Ely, Bidwell, and others: _Ibid._, pp. 179, 181, 271; + Smilie and Findley: _Ibid._, pp. 225, 226. + + [25] _Ibid._, p. 240. Cf. Lloyd: _Ibid._, p. 236. + + [26] Holland: _Ibid._, p. 241. + + [27] _Ibid._, p. 227; Macon: _Ibid._, p. 225. + + [28] Bidwell, Cook, and others: _Ibid._, p. 201. + + [29] Bidwell: _Annals of Cong._, 9 Cong. 2 sess. p. 221. Cf. + _Ibid._, p. 202. + + [30] Early: _Ibid._, p. 239. + + [31] _Ibid._ + + [32] _Ibid._, p. 1267. + + [33] There were about six distinct punishments suggested:-- + + 1. Forfeiture, and fine of $5000 to $10,000 (Early's bill: + _Ibid._, p. 167). + + 2. Forfeiture and imprisonment (amendment to Senate bill: + _Ibid._, pp. 231, 477, 483). + + 3. Forfeiture, imprisonment from 5 to 10 years, and fine of + $1000 to $10,000 (amendment to amendment of Senate bill: + _Ibid._, pp. 228, 483). + + 4. Forfeiture, imprisonment from 5 to 40 years, and fine of + $1000 to $10,000 (Chandler's amendment: _Ibid._, p. 228). + + 5. Forfeiture of all property, and imprisonment (Pitkin: + _Ibid._, p. 188). + + 6. Death (Smilie: _Ibid._, pp. 189-90; bill reported to House, + Dec. 19: _Ibid._, p. 190; Senate bill as reported to House, + Jan. 28). + + [34] Smilie: _Annals of Cong._, 9 Cong. 2 sess. pp. 189-90. + + [35] Tallmadge: _Ibid._, p. 233; Olin: _Ibid._, p. 237. + + [36] Ely: _Ibid._, p. 237. + + [37] Smilie: _Ibid._, p. 236. Cf. Sloan: _Ibid._, p. 232. + + [38] Hastings: _Ibid._, p. 228. + + [39] Dwight: _Ibid._, p. 241; Ely: _Ibid._, p. 232. + + [40] Mosely: _Ibid._, pp. 234-5. + + [41] Tallmadge: _Ibid._, pp. 232, 234. Cf. Dwight: _Ibid._, p. 241. + + [42] Varnum: _Ibid._, p. 243. + + [43] Elmer: _Annals of Cong._, 9 Cong. 2 sess. p. 235. + + [44] _Ibid._, p. 240. + + [45] Holland: _Ibid._, p. 240. + + [46] Early: _Ibid._, pp. 238-9; Holland: _Ibid._, p. 239. + + [47] _Ibid._, p. 233. Cf. Lloyd: _Ibid._, p. 237; Ely: + _Ibid._, p. 232; Early: _Ibid._, pp. 238-9. + + [48] _Ibid._, p. 484. + + [49] This was the provision of the Senate bill as reported to + the House. It was over the House amendment to this that the + Houses disagreed. Cf. _Ibid._, p. 484. + + [50] Cf. _Annals of Cong._, 9 Cong. 2 sess. pp. 527-8. + + [51] _Ibid._, p. 528. + + [52] _Ibid._, p. 626. + + [53] _Ibid._ + + [54] _Ibid._ + + [55] _Ibid._, pp. 636-8; _House Journal_ (repr. 1826), 9 Cong. + 2 sess. V. 616, and House Bill No. 219; _Ibid._, 10 Cong. 1 + sess. VI. 27, 50; _Annals of Cong._, 10 Cong. 1 sess. pp. + 854-5, 961. + + [56] On account of the meagre records it is difficult to + follow the course of this bill. I have pieced together + information from various sources, and trust that this account + is approximately correct. + + [57] Cf. _Senate Journal_ (repr. 1821), 9 Cong. 2 sess. IV., + Senate Bill No. 41. + + [58] _Annals of Cong._, 9 Cong. 1 sess. p. 438. Cf. above, Sec. + 53. + + [59] This amendment of the Committee of the Whole was adopted + by a vote of 63 to 53. The New England States stood 3 to 2 for + the death penalty; the Middle States were evenly divided, 3 + and 3; and the South stood 5 to 0 against it, with Kentucky + evenly divided. Cf. _House Journal_ (repr. 1826), 9 Cong. 2 + sess. V. 504. + + [60] _Ibid._, V. 514-5. + + [61] The substitution of the Senate bill was a victory for the + anti-slavery party, as all battles had to be fought again. The + Southern party, however, succeeded in carrying all its + amendments. + + [62] Messrs. Betton of New Hampshire, Chittenden of Vermont, + Garnett and Trigg of Virginia, and D.R. Williams of South + Carolina voted against the bill: _House Journal_ (repr. 1826), + 9 Cong. 2 sess. V. 585-6. + + [63] _Annals of Cong._, 9 Cong. 2 sess. pp. 626-7. + + [64] The unassigned dates refer to debates, etc. The history + of the amendments and debates on the measure may be traced in + the following references:-- + + _Senate_ (Bill No. 41). + + _Annals of Cong._, 9 Cong. 1 sess. pp. 20-1; 9 Cong. 2 sess. + pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93, + etc. + + _Senate Journal_ (repr. 1826), 9 Cong. 1-2 sess. IV. 11, 112, + 123, 124, 132, 133, 150, 158, 164, 165, 167, 168, etc. + + * * * * * + + _House_ (Bill No. 148). + + _Annals of Cong._, 9 Cong. 1 sess. p. 438; 9 Cong. 2 sess. pp. + 114, 151, 167-8, 173-4, 180, 183, 189, 200, 202-4, 220, 228, + 231, 240, 254, 264, 266-7, 270, 273, 373, 427, 477, 481, + 484-6, 527, 528, etc. + + _House Journal_ (repr. 1826), 9 Cong. 1-2 sess. V. 470, 482, + 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557, 575, + 579, 581, 583-4, 585, 592, 594, 610, 613-5, 623, 638, 640, + etc. + + [65] _Statutes at Large_, II. 426. There were some few + attempts to obtain laws of relief from this bill: see, e.g., + _Annals of Cong._, 10 Cong. 1 sess. p. 1243; 11 Cong. 1 sess. + pp. 34, 36-9, 41, 43, 48, 49, 380, 465, 688, 706, 2209; _House + Journal_ (repr. 1826), II Cong. 1-2 sess. VII. 100, 102, 124, + etc., and Index, Senate Bill No. 8. Cf. _Amer. State Papers, + Miscellaneous_, II. No. 269. There was also one proposed + amendment to make the prohibition perpetual: _Amer. State + Papers, Miscellaneous_, I. No. 244. + + [66] Toulmin, _Digest of the Laws of Alabama_, p. 637. + + [67] _Laws of North Carolina_ (revision of 1819), II. 1350. + + [68] Prince, _Digest_, p. 793. + + [69] Fowler, _Historical Status of the Negro in Connecticut_, + in _Local Law_, etc., pp. 122, 126. + + [70] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 32. + + [71] _House Journal_ (repr. 1826), 11 Cong. 3 sess. VII. p. + 435. + + [72] _House Doc._, 15 Cong. 2 sess. IV. No. 84, p. 5. + + [73] See, e.g., _House Journal_ (repr. 1826), 11 Cong. 3 sess. + VII. p. 575. + + [74] Drake, _Revelations of a Slave Smuggler_, p. 51. Parts of + this narrative are highly colored and untrustworthy; this + passage, however, has every earmark of truth, and is confirmed + by many incidental allusions. + + [75] For accounts of these slavers, see _House Reports_, 17 + Cong. 1 sess. II. No. 92, pp. 30-50. The "Paz" was an armed + slaver flying the American flag. + + [76] Said to be owned by an Englishman, but fitted in America + and manned by Americans. It was eventually captured by H.M.S. + "Bann," after a hard fight. + + [77] Also called Spanish schooner "Triumvirate," with American + supercargo, Spanish captain, and American, French, Spanish, + and English crew. It was finally captured by a British vessel. + + [78] An American slaver of 1814, which was boarded by a + British vessel. All the above cases, and many others, were + proven before British courts. + + [79] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 51. + + [80] _House Doc._, 15 Cong. 1 sess. II. No. 12, pp. 22, 38. + This slaver was after capture sent to New Orleans,--an + illustration of the irony of the Act of 1807. + + [81] _House Journal_, 14 Cong. 2 sess. p. 15. + + [82] _House Doc._, 16 Cong. 1 sess. III. No. 36, p. 5. + + [83] _Ibid._, 15 Cong. 1 sess. II. No. 12, pp. 8-14. See + Chew's letter of Oct. 17, 1817: _Ibid._, pp. 14-16. + + [84] By the secret Joint Resolution and Act of 1811 (_Statutes + at Large_, III. 471), Congress gave the President power to + suppress the Amelia Island establishment, which was then + notorious. The capture was not accomplished until 1817. + + [85] _House Doc._, 16 Cong. 1 sess. III. No. 42, pp. 10-11. + Cf. Report of the House Committee, Jan. 10, 1818: "It is but + too notorious that numerous infractions of the law prohibiting + the importation of slaves into the United States have been + perpetrated with impunity upon our southern frontier." _Amer. + State Papers, Miscellaneous_, II. No. 441. + + [86] Special message of Jan. 13, 1818: _House Journal_, 15 + Cong. 1 sess. pp. 137-9. + + [87] Collector McIntosh, of the District of Brunswick, Ga., to + the Secretary of the Treasury. _House Doc._, 16 Cong. 1 sess. + III. No. 42, pp. 8-9. + + [88] _House Doc._, 16 Cong. 1 sess. III. No. 42, pp. 6-7. + + [89] _Ibid._, pp. 11-12. + + [90] _Amer. State Papers, Miscellaneous_, II. No. 529. + + [91] _House Doc._, 16 Cong. 1 sess. III. No. 42, p. 7. + + [92] _Ibid._, p. 6. + + [93] _House Reports_, 21 Cong. 1 sess. III. No. 348, p. 82. + + [94] They were not general instructions, but were directed to + Commander Campbell. Cf. _House Doc._, 15 Cong. 2 sess. IV. No. + 84, pp. 5-6. + + [95] _Statutes at Large_, III. 471 ff. + + [96] _House Doc._, 15 Cong. 2 sess. VI. No. 107, pp. 8-9. + + [97] _Ibid._, IV. No. 84. Cf. Chew's letters in _House + Reports_, 21 Cong. 1 sess. III. No. 348. + + [98] _House Doc._, 15 Cong. 1 sess. II. No. 12, pp. 22, 38; 15 + Cong. 2 sess. VI. No. 100, p. 13; 16 Cong. 1 sess. III. No. + 42, p. 9, etc.; _House Reports_, 21 Cong. 1 sess. III. No. + 348, p. 85. + + [99] _House Doc._, 15 Cong. 2 sess. VI. No. 107, pp. 8-9. + +[100] _House Reports_, 21 Cong. 1 sess. III. No. 348, p. 77. + +[101] Cf. _House Doc._, 16 Cong. 1 sess. III. No. 42, p. 11: + "The Grand Jury found true bills against the owners of the + vessels, masters, and a supercargo--all of whom are + discharged; why or wherefore I cannot say, except that it + could not be for want of proof against them." + +[102] E.g., in July, 1818, one informer "will have to leave + that part of the country to save his life": _Ibid._, 15 Cong. + 2 sess. VI. No. 100, p. 9. + +[103] Joseph Nourse, Register of the Treasury, to Hon. W.H. + Crawford, Secretary of the Treasury: _Ibid._, 15 Cong. 2 sess. + VI. No. 107, p. 5. + +[104] The slaves on the "Constitution" were not condemned, for + the technical reason that she was not captured by a + commissioned officer of the United States navy. + +[105] These proceedings are very obscure, and little was said + about them. The Spanish claimants were, it was alleged with + much probability, but representatives of Americans. The claim + was paid under the provisions of the Treaty of Florida, and + included slaves whom the court afterward declared forfeited. + +[106] An act to relieve him was finally passed, Feb. 8, 1827, + nine years after the capture. See _Statutes at Large_, VI. + 357. + +[107] It is difficult to get at the exact facts in this + complicated case. The above statement is, I think, much milder + than the real facts would warrant, if thoroughly known. Cf. + _House Reports_, 19 Cong. 1 sess. II. No. 231; 21 Cong. 1 + sess. III. No. 348, pp. 62-3, etc.; 24 Cong. 1 sess. I. No. + 209; _Amer. State Papers, Naval_, II. No. 308. + +[108] The first method, represented by the Act of 1818, was + favored by the South, the Senate, and the Democrats; the + second method, represented by the Act of 1819, by the North, + the House, and by the as yet undeveloped but growing Whig + party. + +[109] Committees on the slave-trade were appointed by the + House in 1810 and 1813; the committee of 1813 recommended a + revision of the laws, but nothing was done: _Annals of Cong._, + 11 Cong. 3 sess. p. 387; 12 Cong. 2 sess. pp. 1074, 1090. The + presidential message of 1816 led to committees on the trade in + both Houses. The committee of the House of Representatives + reported a joint resolution on abolishing the traffic and + colonizing the Negroes, also looking toward international + action. This never came to a vote: _Senate Journal_, 14 Cong. + 2 sess. pp. 46, 179, 180; _House Journal_, 14 Cong. 2 sess. + pp. 25, 27, 380; _House Doc_, 14 Cong. 2 sess. II. No. 77. + Finally, the presidential message of 1817 (_House Journal_, 15 + Cong. 1 sess. p. 11), announcing the issuance of orders to + suppress the Amelia Island establishment, led to two other + committees in both Houses. The House committee under Middleton + made a report with a bill (_Amer. State Papers, + Miscellaneous_, II. No. 441), and the Senate committee also + reported a bill. + +[110] The Senate debates were entirely unreported, and the + report of the House debates is very meagre. For the + proceedings, see _Senate Journal_, 15 Cong. 1 sess. pp. 243, + 304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; + _House Journal_, 15 Cong. 1 sess. pp. 19, 20, 29, 51, 92, 131, + 362, 410, 450, 452, 456, 468, 479, 484, 492, 505. + +[111] Simkins of South Carolina, Edwards of North Carolina, + and Pindall: _Annals of Cong._, 15 Cong. 1 sess. p. 1740. + +[112] Hugh Nelson of Virginia: _Annals of Cong._, 15 Cong. 1 + sess. p. 1740. + +[113] _Statutes at Large_, III. 450. By this act the first six + sections of the Act of 1807 were repealed. + +[114] Or, more accurately speaking, every one realized, in + view of the increased activity of the trade, that it would be + a failure. + +[115] Nov. 18, 1818, the part of the presidential message + referring to the slave-trade was given to a committee of the + House, and this committee also took in hand the House bill of + the previous session which the Senate bill had replaced: + _House Journal_, 15 Cong. 2 sess. pp. 9-19, 42, 150, 179, 330, + 334, 341, 343, 352. + +[116] Of which little was reported: _Annals of Cong._, 15 + Cong. 2 sess. pp. 1430-31. Strother opposed, "for various + reasons of expediency," the bounties for captors. Nelson of + Virginia advocated the death penalty, and, aided by Pindall, + had it inserted. The vote on the bill was 57 to 45. + +[117] The Senate had also had a committee at work on a bill + which was reported Feb. 8, and finally postponed: _Senate + Journal_, 15 Cong. 2 sess. pp. 234, 244, 311-2, 347. The House + bill was taken up March 2: _Annals of Cong._, 15 Cong. 2 sess. + p. 280. + +[118] _Statutes at Large_, III. 532. + +[119] _Annals of Cong._, 15 Cong. 2 sess. p. 1430. This + insured the trial of slave-traders in a sympathetic slave + State, and resulted in the "disappearance" of many captured + Negroes. + +[120] _Statutes at Large_, III. 533. + +[121] The first of a long series of appropriations extending + to 1869, of which a list is given on the next page. The totals + are only approximately correct. Some statutes may have escaped + me, and in the reports of moneys the surpluses of previous + years are not always clearly distinguishable. + +[122] In the first session of the sixteenth Congress, two + bills on piracy were introduced into the Senate, one of which + passed, April 26. In the House there was a bill on piracy, and + a slave-trade committee reported recommending that the + slave-trade be piracy. The Senate bill and this bill were + considered in Committee of the Whole, May 11, and a bill was + finally passed declaring, among other things, the traffic + piracy. In the Senate there was "some discussion, rather on + the form than the substance of these amendments," and "they + were agreed to without a division": _Senate Journal_, 16 Cong. + 1 sess. pp. 238, 241, 268, 287, 314, 331, 346, 350, 409, 412, + 417, 420, 422, 424, 425; _House Journal_, 16 Cong. 1 sess. pp. + 113, 280, 453, 454, 494, 518, 520, 522, 537; _Annals of + Cong._, 16 Cong. 1 sess. pp. 693-4, 2231, 2236-7, etc. The + debates were not reported. + +[123] _Statutes at Large_, III. 600-1. This act was in reality + a continuation of the piracy Act of 1819, and was only + temporary. The provision was, however, continued by several + acts, and finally made perpetual by the Act of Jan. 30, 1823: + _Statutes at Large_, III. 510-4, 721. On March 3, 1823, it was + slightly amended so as to give district courts jurisdiction. + +[124] Attorney-General Wirt advised him, October, 1819, that + no part of the appropriation could be used to purchase land in + Africa or tools for the Negroes, or as salary for the agent: + _Opinions of Attorneys-General_, I. 314-7. Monroe laid the + case before Congress in a special message Dec. 20, 1819 + (_House Journal_, 16 Cong. 1 sess. p. 57); but no action was + taken there. + +[125] Cf. Kendall's Report, August, 1830: _Senate Doc._, 21 + Cong. 2 sess. I. No. 1, pp. 211-8; also see below, Chapter X. + +[126] Speech in the House of Representatives, Feb. 15, 1819, + p. 18; published in Boston, 1849. + +[127] Jay, _Inquiry into American Colonization_ (1838), p. 59, + note. + +[128] Quoted in Friends' _Facts and Observations on the Slave + Trade_ (ed. 1841), pp. 7-8. + +[129] _Annals of Cong._, 16 Cong. 1 sess. pp. 270-1. + +[130] _Ibid._, p. 698. + +[131] _Ibid._, p. 1207. + +[132] _Annals of Cong._, 16 Cong. 1 sess. p. 1433. + +[133] Referring particularly to the case of the slaver + "Plattsburg." Cf. _House Reports_, 17 Cong. 1 sess. II. No. + 92, p. 10. + +[134] _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 2. The + President had in his message spoken in exhilarating tones of + the success of the government in suppressing the trade. The + House Committee appointed in pursuance of this passage made + the above report. Their conclusions are confirmed by British + reports: _Parliamentary Papers_, 1822, Vol. XXII., _Slave + Trade_, Further Papers, III. p. 44. So, too, in 1823, Ashmun, + the African agent, reports that thousands of slaves are being + abducted. + +[135] Ayres to the Secretary of the Navy, Feb. 24, 1823; + reprinted in _Friends' View of the African Slave-Trade_ + (1824), p. 31. + +[136] _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 5-6. + The slavers were the "Ramirez," "Endymion," "Esperanza," + "Plattsburg," "Science," "Alexander," "Eugene," "Mathilde," + "Daphne," "Eliza," and "La Pensee." In these 573 Africans were + taken. The naval officers were greatly handicapped by the size + of the ships, etc. (cf. _Friends' View_, etc., pp. 33-41). + They nevertheless acted with great zeal. + +[137] _Parliamentary Papers_, 1821, Vol. XXIII., _Slave + Trade_, Further Papers, A, p. 76. The names and description of + a dozen or more American slavers are given: _Ibid._, pp. + 18-21. + +[138] _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 15-20. + +[139] _House Doc._, 18 Cong. 1 sess. VI. No. 119, p. 13. + +[140] _Parliamentary Papers_, 1823, Vol. XVIII., _Slave + Trade_, Further Papers, A, pp. 10-11. + +[141] _Opinions of Attorneys-General_, V. 717. + +[142] R.W. Habersham to the Secretary of the Navy, August, + 1821; reprinted in _Friends' View_, etc., p. 47. + +[143] _Ibid._, p. 42. + +[144] _Ibid._, p. 43. + +[145] Cf. above, pp. 126-7. + +[146] _Friends' View_, etc., p. 42. + +[147] A few accounts of captures here and there would make the + matter less suspicious; these, however, do not occur. How + large this suspected illicit traffic was, it is of course + impossible to say; there is no reason why it may not have + reached many hundreds per year. + +[148] Cf. editorial in _Niles's Register_, XXII. 114. Cf. also + the following instances of pardons:-- + + PRESIDENT JEFFERSON: March 1, 1808, Phillip M. Topham, + convicted for "carrying on an illegal slave-trade" (pardoned + twice). _Pardons and Remissions_, I. 146, 148-9. + + PRESIDENT MADISON: July 29, 1809, fifteen vessels arrived at + New Orleans from Cuba, with 666 white persons and 683 negroes. + Every penalty incurred under the Act of 1807 was remitted. + (Note: "Several other pardons of this nature were granted.") + _Ibid._, I. 179. + + Nov. 8, 1809, John Hopkins and Lewis Le Roy, convicted for + importing a slave. _Ibid._, I. 184-5. + + Feb. 12, 1810, William Sewall, convicted for importing slaves. + _Ibid._, I. 194, 235, 240. + + May 5, 1812, William Babbit, convicted for importing slaves. + _Ibid._, I. 248. + + PRESIDENT MONROE: June 11, 1822, Thomas Shields, convicted for + bringing slaves into New Orleans. _Ibid._, IV. 15. + + Aug. 24, 1822, J.F. Smith, sentenced to five years' + imprisonment and $3000 fine; served twenty-five months and was + then pardoned. _Ibid._, IV. 22. + + July 23, 1823, certain parties liable to penalties for + introducing slaves into Alabama. _Ibid._, IV. 63. + + Aug. 15, 1823, owners of schooner "Mary," convicted of + importing slaves. _Ibid._, IV. 66. + + PRESIDENT J.Q. ADAMS: March 4, 1826, Robert Perry; his ship + was forfeited for slave-trading. _Ibid._, IV. 140. + + Jan. 17, 1827, Jesse Perry; forfeited ship, and was convicted + for introducing slaves. _Ibid._, IV. 158. + + Feb. 13, 1827, Zenas Winston; incurred penalties for + slave-trading. _Ibid._, IV. 161. The four following cases are + similar to that of Winston:-- + + Feb. 24, 1827, John Tucker and William Morbon. _Ibid._, IV. + 162. + + March 25, 1828, Joseph Badger. _Ibid._, IV. 192. + + Feb. 19, 1829, L.R. Wallace. _Ibid._, IV. 215. + + PRESIDENT JACKSON: Five cases. _Ibid._, IV. 225, 270, 301, + 393, 440. + + The above cases were taken from manuscript copies of the + Washington records, made by Mr. W.C. Endicott, Jr., and kindly + loaned me. + +[149] See _Senate Journal_, 20 Cong. 1 sess. pp. 60, 66, 340, + 341, 343, 348, 352, 355; _House Journal_, 20 Cong. 1 sess. pp. + 59, 76, 123, 134, 156, 169, 173, 279, 634, 641, 646, 647, 688, + 692. + +[150] _Statutes at Large_, VI. 376. + +[151] Among interesting minor proceedings in this period were + two Senate bills to register slaves so as to prevent illegal + importation. They were both dropped in the House; a House + proposition to the same effect also came to nothing: _Senate + Journal_, 15 Cong. 1 sess. pp. 147, 152, 157, 165, 170, 188, + 201, 203, 232, 237; 15 Cong. 2 sess. pp. 63, 74, 77, 202, 207, + 285, 291, 297; _House Journal_, 15 Cong. 1 sess. p. 332; 15 + Cong. 2 sess. pp. 303, 305, 316; 16 Cong. 1 sess. p. 150. + Another proposition was contained in the Meigs resolution + presented to the House, Feb. 5, 1820, which proposed to devote + the public lands to the suppression of the slave-trade. This + was ruled out of order. It was presented again and laid on the + table in 1821: _House Journal_, 16 Cong. 1 sess. pp. 196, 200, + 227; 16 Cong. 2 sess. p. 238. + + * * * * * + + + + +_Chapter IX_ + +THE INTERNATIONAL STATUS OF THE SLAVE-TRADE. + +1783-1862. + + 66. The Rise of the Movement against the Slave-Trade, 1788-1807. + 67. Concerted Action of the Powers, 1783-1814. + 68. Action of the Powers from 1814 to 1820. + 69. The Struggle for an International Right of Search, 1820-1840. + 70. Negotiations of 1823-1825. + 71. The Attitude of the United States and the State of the Slave-Trade. + 72. The Quintuple Treaty, 1839-1842. + 73. Final Concerted Measures, 1842-1862. + + +66. ~The Rise of the Movement against the Slave-Trade, 1788-1807.~ At +the beginning of the nineteenth century England held 800,000 slaves in +her colonies; France, 250,000; Denmark, 27,000; Spain and Portugal, +600,000; Holland, 50,000; Sweden, 600; there were also about 2,000,000 +slaves in Brazil, and about 900,000 in the United States.[1] This was +the powerful basis of the demand for the slave-trade; and against the +economic forces which these four and a half millions of enforced +laborers represented, the battle for freedom had to be fought. + +Denmark first responded to the denunciatory cries of the eighteenth +century against slavery and the slave-trade. In 1792, by royal order, +this traffic was prohibited in the Danish possessions after 1802. The +principles of the French Revolution logically called for the extinction +of the slave system by France. This was, however, accomplished more +precipitately than the Convention anticipated; and in a whirl of +enthusiasm engendered by the appearance of the Dominican deputies, +slavery and the slave-trade were abolished in all French colonies +February 4, 1794.[2] This abolition was short-lived; for at the command +of the First Consul slavery and the slave-trade was restored in An X +(1799).[3] The trade was finally abolished by Napoleon during the +Hundred Days by a decree, March 29, 1815, which briefly declared: "A +dater de la publication du present Decret, la Traite des Noirs est +abolie."[4] The Treaty of Paris eventually confirmed this law.[5] + +In England, the united efforts of Sharpe, Clarkson, and Wilberforce +early began to arouse public opinion by means of agitation and pamphlet +literature. May 21, 1788, Sir William Dolben moved a bill regulating the +trade, which passed in July and was the last English measure +countenancing the traffic.[6] The report of the Privy Council on the +subject in 1789[7] precipitated the long struggle. On motion of Pitt, in +1788, the House had resolved to take up at the next session the question +of the abolition of the trade.[8] It was, accordingly, called up by +Wilberforce, and a remarkable parliamentary battle ensued, which lasted +continuously until 1805. The Grenville-Fox ministry now espoused the +cause. This ministry first prohibited the trade with such colonies as +England had acquired by conquest during the Napoleonic wars; then, in +1806, they prohibited the foreign slave-trade; and finally, March 25, +1807, enacted the total abolition of the traffic.[9] + + +67. ~Concerted Action of the Powers, 1783-1814.~ During the peace +negotiations between the United States and Great Britain in 1783, it was +proposed by Jay, in June, that there be a proviso inserted as follows: +"Provided that the subjects of his Britannic Majesty shall not have any +right or claim under the convention, to carry or import, into the said +States any slaves from any part of the world; it being the intention of +the said States entirely to prohibit the importation thereof."[10] Fox +promptly replied: "If that be their policy, it never can be competent to +us to dispute with them their own regulations."[11] No mention of this +was, however, made in the final treaty, probably because it was thought +unnecessary. + +In the proposed treaty of 1806, signed at London December 31, Article 24 +provided that "The high contracting parties engage to communicate to +each other, without delay, all such laws as have been or shall be +hereafter enacted by their respective Legislatures, as also all measures +which shall have been taken for the abolition or limitation of the +African slave trade; and they further agree to use their best endeavors +to procure the co-operation of other Powers for the final and complete +abolition of a trade so repugnant to the principles of justice and +humanity."[12] + +This marks the beginning of a long series of treaties between England +and other powers looking toward the prohibition of the traffic by +international agreement. During the years 1810-1814 she signed treaties +relating to the subject with Portugal, Denmark, and Sweden.[13] May 30, +1814, an additional article to the Treaty of Paris, between France and +Great Britain, engaged these powers to endeavor to induce the +approaching Congress at Vienna "to decree the abolition of the Slave +Trade, so that the said Trade shall cease universally, as it shall cease +definitively, under any circumstances, on the part of the French +Government, in the course of 5 years; and that during the said period no +Slave Merchant shall import or sell Slaves, except in the Colonies of +the State of which he is a Subject."[14] In addition to this, the next +day a circular letter was despatched by Castlereagh to Austria, Russia, +and Prussia, expressing the hope "that the Powers of Europe, when +restoring Peace to Europe, with one common interest, will crown this +great work by interposing their benign offices in favour of those +Regions of the Globe, which yet continue to be desolated by this +unnatural and inhuman traffic."[15] Meantime additional treaties were +secured: in 1814 by royal decree Netherlands agreed to abolish the +trade;[16] Spain was induced by her necessities to restrain her trade to +her own colonies, and to endeavor to prevent the fraudulent use of her +flag by foreigners;[17] and in 1815 Portugal agreed to abolish the +slave-trade north of the equator.[18] + + +68. ~Action of the Powers from 1814 to 1820.~ At the Congress of Vienna, +which assembled late in 1814, Castlereagh was indefatigable in his +endeavors to secure the abolition of the trade. France and Spain, +however, refused to yield farther than they had already done, and the +other powers hesitated to go to the lengths he recommended. +Nevertheless, he secured the institution of annual conferences on the +matter, and a declaration by the Congress strongly condemning the trade +and declaring that "the public voice in all civilized countries was +raised to demand its suppression as soon as possible," and that, while +the definitive period of termination would be left to subsequent +negotiation, the sovereigns would not consider their work done until the +trade was entirely suppressed.[19] + +In the Treaty of Ghent, between Great Britain and the United States, +ratified February 17, 1815, Article 10, proposed by Great Britain, +declared that, "Whereas the traffic in slaves is irreconcilable with the +principles of humanity and justice," the two countries agreed to use +their best endeavors in abolishing the trade.[20] The final overthrow of +Napoleon was marked by a second declaration of the powers, who, +"desiring to give effect to the measures on which they deliberated at +the Congress of Vienna, relative to the complete and universal +abolition of the Slave Trade, and having, each in their respective +Dominions, prohibited without restriction their Colonies and Subjects +from taking any part whatever in this Traffic, engage to renew +conjointly their efforts, with the view of securing final success to +those principles which they proclaimed in the Declaration of the 4th +February, 1815, and of concerting, without loss of time, through their +Ministers at the Courts of London and of Paris, the most effectual +measures for the entire and definitive abolition of a Commerce so +odious, and so strongly condemned by the laws of religion and of +nature."[21] + +Treaties further restricting the trade continued to be made by Great +Britain: Spain abolished the trade north of the equator in 1817,[22] and +promised entire abolition in 1820; Spain, Portugal, and Holland also +granted a mutual limited Right of Search to England, and joined in +establishing mixed courts.[23] The effort, however, to secure a general +declaration of the powers urging, if not compelling, the abolition of +the trade in 1820, as well as the attempt to secure a qualified +international Right of Visit, failed, although both propositions were +strongly urged by England at the Conference of 1818.[24] + + +69. ~The Struggle for an International Right of Search, 1820-1840.~ +Whatever England's motives were, it is certain that only a limited +international Right of Visit on the high seas could suppress or greatly +limit the slave-trade. Her diplomacy was therefore henceforth directed +to this end. On the other hand, the maritime supremacy of England, so +successfully asserted during the Napoleonic wars, would, in case a Right +of Search were granted, virtually make England the policeman of the +seas; and if nations like the United States had already, under present +conditions, had just cause to complain of violations by England of their +rights on the seas, might not any extension of rights by international +agreement be dangerous? It was such considerations that for many years +brought the powers to a dead-lock in their efforts to suppress the +slave-trade. + +At first it looked as if England might attempt, by judicial decisions in +her own courts, to seize even foreign slavers.[25] After the war, +however, her courts disavowed such action,[26] and the right was sought +for by treaty stipulation. Castlereagh took early opportunity to +approach the United States on the matter, suggesting to Minister Rush, +June 20, 1818, a mutual but strictly limited Right of Search.[27] Rush +was ordered to give him assurances of the solicitude of the United +States to suppress the traffic, but to state that the concessions asked +for appeared of a character not adaptable to our institutions. +Negotiations were then transferred to Washington; and the new British +minister, Mr. Stratford Canning, approached Adams with full instructions +in December, 1820.[28] + +Meantime, it had become clear to many in the United States that the +individual efforts of States could never suppress or even limit the +trade without systematic co-operation. In 1817 a committee of the House +had urged the opening of negotiations looking toward such international +co-operation,[29] and a Senate motion to the same effect had caused long +debate.[30] In 1820 and 1821 two House committee reports, one of which +recommended the granting of a Right of Search, were adopted by the +House, but failed in the Senate.[31] Adams, notwithstanding this, saw +constitutional objections to the plan proposed by Canning, and wrote to +him, December 30: "A Compact, giving the power to the Naval Officers of +one Nation to search the Merchant Vessels of another for Offenders and +offences against the Laws of the latter, backed by a further power to +seize and carry into a Foreign Port, and there subject to the decision +of a Tribunal composed of at least one half Foreigners, irresponsible to +the Supreme Corrective tribunal of this Union, and not amendable to the +controul of impeachment for official misdemeanors, was an investment of +power, over the persons, property and reputation of the Citizens of this +Country, not only unwarranted by any delegation of Sovereign Power to +the National Government, but so adverse to the elementary principles and +indispensable securities of individual rights, ... that not even the +most unqualified approbation of the ends ... could justify the +transgression." He then suggested co-operation of the fleets on the +coast of Africa, a proposal which was promptly accepted.[32] + +The slave-trade was again a subject of international consideration at +the Congress of Verona in 1822. Austria, France, Great Britain, Russia, +and Prussia were represented. The English delegates declared that, +although only Portugal and Brazil allowed the trade, yet the traffic was +at that moment carried on to a greater extent than ever before. They +said that in seven months of the year 1821 no less than 21,000 slaves +were abducted, and three hundred and fifty-two vessels entered African +ports north of the equator. "It is obvious," said they, "that this crime +is committed in contravention of the Laws of every Country of Europe, +and of America, excepting only of one, and that it requires something +more than the ordinary operation of Law to prevent it." England +therefore recommended:-- + +1. That each country denounce the trade as piracy, with a view of +founding upon the aggregate of such separate declarations a general law +to be incorporated in the Law of Nations. + +2. A withdrawing of the flags of the Powers from persons not natives of +these States, who engage in the traffic under the flags of these States. + +3. A refusal to admit to their domains the produce of the colonies of +States allowing the trade, a measure which would apply to Portugal and +Brazil alone. + +These proposals were not accepted. Austria would agree to the first two +only; France refused to denounce the trade as piracy; and Prussia was +non-committal. The utmost that could be gained was another denunciation +of the trade couched in general terms.[33] + + +70. ~Negotiations of 1823-1825.~ England did not, however, lose hope of +gaining some concession from the United States. Another House committee +had, in 1822, reported that the only method of suppressing the trade was +by granting a Right of Search.[34] The House agreed, February 28, 1823, +to request the President to enter into negotiations with the maritime +powers of Europe to denounce the slave-trade as piracy; an amendment +"that we agree to a qualified right of search" was, however, lost.[35] +Meantime, the English minister was continually pressing the matter upon +Adams, who proposed in turn to denounce the trade as piracy. Canning +agreed to this, but only on condition that it be piracy under the Law of +Nations and not merely by statute law. Such an agreement, he said, would +involve a Right of Search for its enforcement; he proposed strictly to +limit and define this right, to allow captured ships to be tried in +their own courts, and not to commit the United States in any way to the +question of the belligerent Right of Search. Adams finally sent a draft +of a proposed treaty to England, and agreed to recognize the +slave-traffic "as piracy under the law of nations, namely: that, +although seizable by the officers and authorities of every nation, they +should be triable only by the tribunals of the country of the slave +trading vessel."[36] + +Rush presented this _project_ to the government in January, 1824. +England agreed to all the points insisted on by the United States; viz., +that she herself should denounce the trade as piracy; that slavers +should be tried in their own country; that the captor should be laid +under the most effective responsibility for his conduct; and that +vessels under convoy of a ship of war of their own country should be +exempt from search. In addition, England demanded that citizens of +either country captured under the flag of a third power should be sent +home for trial, and that citizens of either country chartering vessels +of a third country should come under these stipulations.[37] + +This convention was laid before the Senate April 30, 1824, but was not +acted upon until May 21, when it was so amended as to make it terminable +at six months' notice. The same day, President Monroe, "apprehending, +from the delay in the decision, that some difficulty exists," sent a +special message to the Senate, giving at length the reasons for signing +the treaty, and saying that "should this Convention be adopted, there is +every reason to believe, that it will be the commencement of a system +destined to accomplish the entire Abolition of the Slave Trade." It was, +however, a time of great political pot-boiling, and consequently an +unfortunate occasion to ask senators to settle any great question. A +systematic attack, led by Johnson of Louisiana, was made on all the +vital provisions of the treaty: the waters of America were excepted from +its application, and those of the West Indies barely escaped exception; +the provision which, perhaps, aimed the deadliest blow at American +slave-trade interests was likewise struck out; namely, the application +of the Right of Search to citizens chartering the vessels of a third +nation.[38] + +The convention thus mutilated was not signed by England, who demanded as +the least concession the application of the Right of Search to American +waters. Meantime the United States had invited nearly all nations to +denounce the trade as piracy; and the President, the Secretary of the +Navy, and a House committee had urgently favored the granting of the +Right of Search. The bad faith of Congress, however, in the matter of +the Colombian treaty broke off for a time further negotiations with +England.[39] + + +71. ~The Attitude of the United States and the State of the +Slave-Trade.~ In 1824 the Right of Search was established between +England and Sweden, and in 1826 Brazil promised to abolish the trade in +three years.[40] In 1831 the cause was greatly advanced by the signing +of a treaty between Great Britain and France, granting mutually a +geographically limited Right of Search.[41] This led, in the next few +years, to similar treaties with Denmark, Sardinia,[42] the Hanse +towns,[43] and Naples.[44] Such measures put the trade more and more in +the hands of Americans, and it began greatly to increase. Mercer sought +repeatedly in the House to have negotiations reopened with England, but +without success.[45] Indeed, the chances of success were now for many +years imperilled by the recurrence of deliberate search of American +vessels by the British.[46] In the majority of cases the vessels proved +to be slavers, and some of them fraudulently flew the American flag; +nevertheless, their molestation by British cruisers created much +feeling, and hindered all steps toward an understanding: the United +States was loath to have her criminal negligence in enforcing her own +laws thus exposed by foreigners. Other international questions connected +with the trade also strained the relations of the two countries: three +different vessels engaged in the domestic slave-trade, driven by stress +of weather, or, in the "Creole" case, captured by Negroes on board, +landed slaves in British possessions; England freed them, and refused to +pay for such as were landed after emancipation had been proclaimed in +the West Indies.[47] The case of the slaver "L'Amistad" also raised +difficulties with Spain. This Spanish vessel, after the Negroes on board +had mutinied and killed their owners, was seized by a United States +vessel and brought into port for adjudication. The court, however, freed +the Negroes, on the ground that under Spanish law they were not legally +slaves; and although the Senate repeatedly tried to indemnify the +owners, the project did not succeed.[48] + +Such proceedings well illustrate the new tendency of the pro-slavery +party to neglect the enforcement of the slave-trade laws, in a frantic +defence of the remotest ramparts of slave property. Consequently, when, +after the treaty of 1831, France and England joined in urging the +accession of the United States to it, the British minister was at last +compelled to inform Palmerston, December, 1833, that "the Executive at +Washington appears to shrink from bringing forward, in any shape, a +question, upon which depends the completion of their former object--the +utter and universal Abolition of the Slave Trade--from an apprehension +of alarming the Southern States."[49] Great Britain now offered to sign +the proposed treaty of 1824 as amended; but even this Forsyth refused, +and stated that the United States had determined not to become "a party +of any Convention on the subject of the Slave Trade."[50] + +Estimates as to the extent of the slave-trade agree that the traffic to +North and South America in 1820 was considerable, certainly not much +less than 40,000 slaves annually. From that time to about 1825 it +declined somewhat, but afterward increased enormously, so that by 1837 +the American importation was estimated as high as 200,000 Negroes +annually. The total abolition of the African trade by American countries +then brought the traffic down to perhaps 30,000 in 1842. A large and +rapid increase of illicit traffic followed; so that by 1847 the +importation amounted to nearly 100,000 annually. One province of Brazil +is said to have received 173,000 in the years 1846-1849. In the decade +1850-1860 this activity in slave-trading continued, and reached very +large proportions. + +The traffic thus carried on floated under the flags of France, Spain, +and Portugal, until about 1830; from 1830 to 1840 it began gradually to +assume the United States flag; by 1845, a large part of the trade was +under the stars and stripes; by 1850 fully one-half the trade, and in +the decade, 1850-1860 nearly all the traffic, found this flag its best +protection.[51] + + +72. ~The Quintuple Treaty, 1839-1842.~ In 1839 Pope Gregory XVI. +stigmatized the slave-trade "as utterly unworthy of the Christian name;" +and at the same time, although proscribed by the laws of every civilized +State, the trade was flourishing with pristine vigor. Great advantage +was given the traffic by the fact that the United States, for two +decades after the abortive attempt of 1824, refused to co-operate with +the rest of the civilized world, and allowed her flag to shelter and +protect the slave-trade. If a fully equipped slaver sailed from New +York, Havana, Rio Janeiro, or Liverpool, she had only to hoist the stars +and stripes in order to proceed unmolested on her piratical voyage; for +there was seldom a United States cruiser to be met with, and there were, +on the other hand, diplomats at Washington so jealous of the honor of +the flag that they would prostitute it to crime rather than allow an +English or a French cruiser in any way to interfere. Without doubt, the +contention of the United States as to England's pretensions to a Right +of Visit was technically correct. Nevertheless, it was clear that if the +slave-trade was to be suppressed, each nation must either zealously keep +her flag from fraudulent use, or, as a labor-saving device, depute to +others this duty for limited places and under special circumstances. A +failure of any one nation to do one of these two things meant that the +efforts of all other nations were to be fruitless. The United States had +invited the world to join her in denouncing the slave-trade as piracy; +yet, when such a pirate was waylaid by an English vessel, the United +States complained or demanded reparation. The only answer which this +country for years returned to the long-continued exposures of American +slave-traders and of the fraudulent use of the American flag, was a +recital of cases where Great Britain had gone beyond her legal powers in +her attempt to suppress the slave-trade.[52] In the face of overwhelming +evidence to the contrary, Secretary of State Forsyth declared, in 1840, +that the duty of the United States in the matter of the slave-trade "has +been faithfully performed, and if the traffic still exists as a disgrace +to humanity, it is to be imputed to nations with whom Her Majesty's +Government has formed and maintained the most intimate connexions, and +to whose Governments Great Britain has paid for the right of active +intervention in order to its complete extirpation."[53] So zealous was +Stevenson, our minister to England, in denying the Right of Search, that +he boldly informed Palmerston, in 1841, "that there is no shadow of +pretence for excusing, much less justifying, the exercise of any such +right. That it is wholly immaterial, whether the vessels be equipped +for, or actually engaged in slave traffic or not, and consequently the +right to search or detain even slave vessels, must be confined to the +ships or vessels of those nations with whom it may have treaties on the +subject."[54] Palmerston courteously replied that he could not think +that the United States seriously intended to make its flag a refuge for +slave-traders;[55] and Aberdeen pertinently declared: "Now, it can +scarcely be maintained by Mr. Stevenson that Great Britain should be +bound to permit her own subjects, with British vessels and British +capital, to carry on, before the eyes of British officers, this +detestable traffic in human beings, which the law has declared to be +piracy, merely because they had the audacity to commit an additional +offence by fraudulently usurping the American flag."[56] Thus the +dispute, even after the advent of Webster, went on for a time, involving +itself in metaphysical subtleties, and apparently leading no nearer to +an understanding.[57] + +In 1838 a fourth conference of the powers for the consideration of the +slave-trade took place at London. It was attended by representatives of +England, France, Russia, Prussia, and Austria. England laid the _projet_ +of a treaty before them, to which all but France assented. This +so-called Quintuple Treaty, signed December 20, 1841, denounced the +slave-trade as piracy, and declared that "the High Contracting Parties +agree by common consent, that those of their ships of war which shall be +provided with special warrants and orders ... may search every +merchant-vessel belonging to any one of the High Contracting Parties +which shall, on reasonable grounds, be suspected of being engaged in the +traffic in slaves." All captured slavers were to be sent to their own +countries for trial.[58] + +While the ratification of this treaty was pending, the United States +minister to France, Lewis Cass, addressed an official note to Guizot at +the French foreign office, protesting against the institution of an +international Right of Search, and rather grandiloquently warning the +powers against the use of force to accomplish their ends.[59] This +extraordinary epistle, issued on the minister's own responsibility, +brought a reply denying that the creation of any "new principle of +international law, whereby the vessels even of those powers which have +not participated in the arrangement should be subjected to the right of +search," was ever intended, and affirming that no such extraordinary +interpretation could be deduced from the Convention. Moreover, M. Guizot +hoped that the United States, by agreeing to this treaty, would "aid, by +its most sincere endeavors, in the definitive abolition of the +trade."[60] Cass's theatrical protest was, consciously or unconsciously, +the manifesto of that growing class in the United States who wanted no +further measures taken for the suppression of the slave-trade; toward +that, as toward the institution of slavery, this party favored a policy +of strict _laissez-faire_. + + +73. ~Final Concerted Measures, 1842-1862.~ The Treaty of Washington, in +1842, made the first effective compromise in the matter and broke the +unpleasant dead-lock, by substituting joint cruising by English and +American squadrons for the proposed grant of a Right of Search. In +submitting this treaty, Tyler said: "The treaty which I now submit to +you proposes no alteration, mitigation, or modification of the rules of +the law of nations. It provides simply that each of the two Governments +shall maintain on the coast of Africa a sufficient squadron to enforce +separately and respectively the laws, rights, and obligations of the two +countries for the suppression of the slave trade."[61] This provision +was a part of the treaty to settle the boundary disputes with England. +In the Senate, Benton moved to strike out this article; but the attempt +was defeated by a vote of 37 to 12, and the treaty was ratified.[62] + +This stipulation of the treaty of 1842 was never properly carried out by +the United States for any length of time.[63] Consequently the same +difficulties as to search and visit by English vessels continued to +recur. Cases like the following were frequent. The "Illinois," of +Gloucester, Massachusetts, while lying at Whydah, Africa, was boarded by +a British officer, but having American papers was unmolested. Three days +later she hoisted Spanish colors and sailed away with a cargo of slaves. +Next morning she fell in with another British vessel and hoisted +American colors; the British ship had then no right to molest her; but +the captain of the slaver feared that she would, and therefore ran his +vessel aground, slaves and all. The senior English officer reported that +"had Lieutenant Cumberland brought to and boarded the 'Illinois,' +notwithstanding the American colors which she hoisted,... the American +master of the 'Illinois' ... would have complained to his Government of +the detention of his vessel."[64] Again, a vessel which had been boarded +by British officers and found with American flag and papers was, a +little later, captured under the Spanish flag with four hundred and +thirty slaves. She had in the interim complained to the United States +government of the boarding.[65] + +Meanwhile, England continued to urge the granting of a Right of Search, +claiming that the stand of the United States really amounted to the +wholesale protection of pirates under her flag.[66] The United States +answered by alleging that even the Treaty of 1842 had been misconstrued +by England,[67] whereupon there was much warm debate in Congress, and +several attempts were made to abrogate the slave-trade article of the +treaty.[68] The pro-slavery party had become more and more suspicious of +England's motives, since they had seen her abolition of the slave-trade +blossom into abolition of the system itself, and they seized every +opportunity to prevent co-operation with her. At the same time, European +interest in the question showed some signs of weakening, and no decided +action was taken. In 1845 France changed her Right of Search +stipulations of 1833 to one for joint cruising,[69] while the Germanic +Federation,[70] Portugal,[71] and Chili[72]enounced the trade as piracy. +In 1844 Texas granted the Right of Search to England,[73] and in 1845 +Belgium signed the Quintuple Treaty.[74] + +Discussion between England and the United States was revived when Cass +held the State portfolio, and, strange to say, the author of "Cass's +Protest" went farther than any of his predecessors in acknowledging the +justice of England's demands. Said he, in 1859: "If The United States +maintained that, by carrying their flag at her masthead, any vessel +became thereby entitled to the immunity which belongs to American +vessels, they might well be reproached with assuming a position which +would go far towards shielding crimes upon the ocean from punishment; +but they advance no such pretension, while they concede that, if in the +honest examination of a vessel sailing under American colours, but +accompanied by strongly-marked suspicious circumstances, a mistake is +made, and she is found to be entitled to the flag she bears, but no +injury is committed, and the conduct of the boarding party is +irreproachable, no Government would be likely to make a case thus +exceptional in its character a subject of serious reclamation."[75] +While admitting this and expressing a desire to co-operate in the +suppression of the slave-trade, Cass nevertheless steadily refused all +further overtures toward a mutual Right of Search. + +The increase of the slave-traffic was so great in the decade 1850-1860 +that Lord John Russell proposed to the governments of the United States, +France, Spain, Portugal, and Brazil, that they instruct their ministers +to meet at London in May or June, 1860, to consider measures for the +final abolition of the trade. He stated: "It is ascertained, by +repeated instances, that the practice is for vessels to sail under the +American flag. If the flag is rightly assumed, and the papers correct, +no British cruizer can touch them. If no slaves are on board, even +though the equipment, the fittings, the water-casks, and other +circumstances prove that the ship is on a Slave Trade venture, no +American cruizer can touch them."[76] Continued representations of this +kind were made to the paralyzed United States government; indeed, the +slave-trade of the world seemed now to float securely under her flag. +Nevertheless, Cass refused even to participate in the proposed +conference, and later refused to accede to a proposal for joint cruising +off the coast of Cuba.[77] Great Britain offered to relieve the United +States of any embarrassment by receiving all captured Africans into the +West Indies; but President Buchanan "could not contemplate any such +arrangement," and obstinately refused to increase the suppressing +squadron.[78] + +On the outbreak of the Civil War, the Lincoln administration, through +Secretary Seward, immediately expressed a willingness to do all in its +power to suppress the slave-trade.[79] Accordingly, June 7, 1862, a +treaty was signed with Great Britain granting a mutual limited Right of +Search, and establishing mixed courts for the trial of offenders at the +Cape of Good Hope, Sierra Leone, and New York.[80] The efforts of a +half-century of diplomacy were finally crowned; Seward wrote to Adams, +"Had such a treaty been made in 1808, there would now have been no +sedition here."[81] + + +FOOTNOTES: + + [1] Cf. Augustine Cochin, in Lalor, _Cyclopedia_, III. 723. + + [2] By a law of Aug. 11, 1792, the encouragement formerly + given to the trade was stopped. Cf. _Choix de rapports, + opinions et discours prononces a la tribune nationale depuis + 1789_ (Paris, 1821), XIV. 425; quoted in Cochin, _The Results + of Emancipation_ (Booth's translation, 1863), pp. 33, 35-8. + + [3] Cochin, _The Results of Emancipation_ (Booth's + translation, 1863), pp. 42-7. + + [4] _British and Foreign State Papers_, 1815-6, p. 196. + + [5] _Ibid._, pp. 195-9, 292-3; 1816-7, p. 755. It was + eventually confirmed by royal ordinance, and the law of April + 15, 1818. + + [6] _Statute 28 George III._, ch. 54. Cf. _Statute 29 George + III._, ch. 66. + + [7] Various petitions had come in praying for an abolition of + the slave-trade; and by an order in Council, Feb. 11, 1788, a + committee of the Privy Council was ordered to take evidence on + the subject. This committee presented an elaborate report in + 1739. See published _Report_, London, 1789. + + [8] For the history of the Parliamentary struggle, cf. + Clarkson's and Copley's histories. The movement was checked in + the House of Commons in 1789, 1790, and 1791. In 1792 the + House of Commons resolved to abolish the trade in 1796. The + Lords postponed the matter to take evidence. A bill to + prohibit the foreign slave-trade was lost in 1793, passed the + next session, and was lost in the House of Lords. In 1795, + 1796, 1798, and 1799 repeated attempts to abolish the trade + were defeated. The matter then rested until 1804, when the + battle was renewed with more success. + + [9] _Statute 46 George III._, ch. 52, 119; _47 George III._, + sess. I. ch. 36. + + [10] Sparks, _Diplomatic Correspondence_, X. 154. + + [11] Fox to Hartley, June 10, 1783; quoted in Bancroft, + _History of the Constitution of the United States_, I. 61. + + [12] _Amer. State Papers, Foreign_, III. No. 214, p. 151. + + [13] _British and Foreign State Papers_, 1815-6, pp. 886, 937 + (quotation). + + [14] _Ibid._, pp. 890-1. + + [15] _British and Foreign State Papers_, 1815-6, p. 887. + Russia, Austria, and Prussia returned favorable replies: + _Ibid._, pp. 887-8. + + [16] _Ibid._, p. 889. + + [17] She desired a loan, which England made on this condition: + _Ibid._, pp. 921-2. + + [18] _Ibid._, pp. 937-9. Certain financial arrangements + secured this concession. + + [19] _Ibid._, pp. 939-75 + + [20] _Amer. State Papers, Foreign_, III. No. 271, pp. 735-48; + _U.S. Treaties and Conventions_ (ed. 1889), p. 405. + + [21] This was inserted in the Treaty of Paris, Nov. 20, 1815: + _British and Foreign State Papers_, 1815-6, p. 292. + + [22] _Ibid._, 1816-7, pp. 33-74 (English version, 1823-4, p. + 702 ff.). + + [23] Cf. _Ibid._, 1817-8, p. 125 ff. + + [24] This was the first meeting of the London ministers of the + powers according to agreement; they assembled Dec. 4, 1817, + and finally called a meeting of plenipotentiaries on the + question of suppression at Aix-la-Chapelle, beginning Oct. 24, + 1818. Among those present were Metternich, Richelieu, + Wellington, Castlereagh, Hardenberg, Bernstorff, Nesselrode, + and Capodistrias. Castlereagh made two propositions: 1. That + the five powers join in urging Portugal and Brazil to abolish + the trade May 20, 1820; 2. That the powers adopt the principle + of a mutual qualified Right of Search. Cf. _British and + Foreign State Papers_, 1818-9, pp. 21-88; _Amer. State Papers, + Foreign_, V. No. 346, pp. 113-122. + + [25] For cases, see _1 Acton_, 240, the "Amedie," and _1 + Dodson_, 81, the "Fortuna;" quoted in U.S. Reports, _10 + Wheaton_, 66. + + [26] Cf. the case of the French ship "Le Louis": _2 Dodson_, + 238; and also the case of the "San Juan Nepomuceno": _1 + Haggard_, 267. + + [27] _British and Foreign State Papers_, 1819-20, pp. 375-9; + also pp. 220-2. + + [28] _Ibid._, 1820-21, pp. 395-6. + + [29] _House Doc._, 14 Cong. 2 sess. II. No. 77. + + [30] _Annals of Cong._, 15 Cong. 1 sess. pp. 71, 73-78, + 94-109. The motion was opposed largely by Southern members, + and passed by a vote of 17 to 16. + + [31] One was reported, May 9, 1820, by Mercer's committee, and + passed May 12: _House Journal_, 16 Cong. 1 sess. pp. 497, 518, + 520, 526; _Annals of Cong._, 16 Cong. 1 sess. pp. 697-9. A + similar resolution passed the House next session, and a + committee reported in favor of the Right of Search: _Ibid._, + 16 Cong. 2 sess. pp. 1064-71. Cf. _Ibid._, pp. 476, 743, 865, + 1469. + + [32] _British and Foreign State Papers_, 1820-21, pp. 397-400. + + [33] _British and Foreign State Papers_, 1822-3, pp. 94-110. + + [34] _House Reports_, 17 Cong. 1 sess. II. No. 92. + + [35] _House Journal_, 17 Cong. 2 sess. pp. 212, 280; _Annals + of Cong._, 17 Cong. 2 sess. pp. 922, 1147-1155. + + [36] _British and Foreign State Papers_, 1823-4, pp. 409-21; + 1824-5, pp. 828-47; _Amer. State Papers, Foreign_, V. No. 371, + pp. 333-7. + + [37] _Ibid._ + + [38] _Ibid._, No. 374, p. 344 ff., No. 379, pp. 360-2. + + [39] _House Reports_, 18 Cong. 2 sess. I. No. 70; _Amer. State + Papers, Foreign_, V. No. 379, pp. 364-5, No. 414, p. 783, etc. + Among the nations invited by the United States to co-operate + in suppressing the trade was the United States of Colombia. + Mr. Anderson, our minister, expressed "the certain belief that + the Republic of Colombia will not permit herself to be behind + any Government in the civilized world in the adoption of + energetic measures for the suppression of this disgraceful + traffic": _Ibid._, No. 407, p. 729. The little republic + replied courteously; and, as a _projet_ for a treaty, Mr. + Anderson offered the proposed English treaty of 1824, + including the Senate amendments. Nevertheless, the treaty thus + agreed to was summarily rejected by the Senate, March 9, 1825: + _Ibid._, p. 735. Another result of this general invitation of + the United States was a proposal by Colombia that the + slave-trade and the status of Hayti be among the subjects for + discussion at the Panama Congress. As a result of this, a + Senate committee recommended that the United States take no + part in the Congress. This report was finally disagreed to by + a vote of 19 to 24: _Ibid._, No. 423, pp. 837, 860, 876, 882. + + [40] _British and Foreign State Papers_, 1823-4, and 1826-7. + Brazil abolished the trade in 1830. + + [41] This treaty was further defined in 1833: _Ibid._, 1830-1, + p. 641 ff.; 1832-3, p. 286 ff. + + [42] _Ibid._, 1833-4, pp. 218 ff., 1059 ff. + + [43] _Ibid._, 1837-8, p. 268 ff. + + [44] _Ibid._, 1838-9, p. 792 ff. + + [45] Viz., Feb. 28, 1825; April 7, 1830; Feb. 16, 1831; March + 3, 1831. The last resolution passed the House: _House + Journal_, 21 Cong. 2 sess. pp. 426-8. + + [46] Cf. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 35-6, + etc.; _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. + 730-55, etc. + + [47] These were the celebrated cases of the "Encomium," + "Enterprize," and "Comet." Cf. _Senate Doc._, 24 Cong. 2 sess. + II. No. 174; 25 Cong. 3 sess. III. No. 216. Cf. also case of + the "Creole": _Ibid._, 27 Cong. 2 sess. II.-III. Nos. 51, 137. + + [48] _Ibid._, 26 Cong. 2 sess. IV. No. 179; _Senate Exec. + Doc._, 31 Cong. 2 sess. III. No. 29; 32 Cong. 2 sess. III. No. + 19; _Senate Reports_, 31 Cong. 2 sess. No. 301; 32 Cong. 1 + sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; _House Doc._, 26 + Cong. 1 sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 + Cong. 1 sess. IV. No. 83; _House Exec. Doc._, 32 Cong. 2 sess. + III. No. 20; _House Reports_, 26 Cong. 2 sess. No. 51; 28 + Cong. 1 sess. II. No. 426; 29 Cong. 1 sess. IV. No. 753; also + Decisions of the U.S. Supreme Court, _15 Peters_, 518. Cf. + Drake, _Revelations of a Slave Smuggler_, p. 98. + + [49] _British and Foreign State Papers_, 1834-5, p. 136. + + [50] _Ibid._, pp. 135-47. Great Britain made treaties + meanwhile with Hayti, Uruguay, Venezuela, Bolivia, Argentine + Confederation, Mexico, Texas, etc. Portugal prohibited the + slave-trade in 1836, except between her African colonies. Cf. + _Ibid._, from 1838 to 1841. + + [51] These estimates are from the following sources: _Ibid._, + 1822-3, pp. 94-110; _Parliamentary Papers_, 1823, XVIII., + _Slave Trade_, Further Papers, A., pp. 10-11; 1838-9, XLIX., + _Slave Trade_, Class A, Further Series, pp. 115, 119, 121; + _House Doc._, 19 Cong. 1 sess. I. No. 1, p. 93; 20 Cong. 1 + sess. III. No. 99; 26 Cong. 1 sess. VI. No. 211; _House Exec. + Doc._, 31 Cong. 2 sess. I. No. 1, p. 193; _House Reports_, 21 + Cong. 1 sess. III. No. 348; _Senate Doc._, 28 Cong. 1 sess. + IV. No. 217; 31 Cong. 1 sess. XIV. No. 66; 31 Cong. 2 sess. + II. No. 6; _Amer. State Papers, Naval_, I. No. 249; Buxton, + _The African Slave Trade and its Remedy_, pp. 44-59; Friends' + _Facts and Observations on the Slave Trade_ (ed. 1841); + Friends' _Exposition of the Slave Trade, 1840-50_; _Annual + Reports of the American and Foreign Anti-Slavery Society_. + + The annexed table gives the dates of the abolition of the + slave-trade by the various nations:-- + + -------+-------------------+---------------------------+-------------- + | | |Arrangements + | | Right of Search Treaty | for Joint + Date. |Slave-trade | with Great Britain, | Cruising + | Abolished by | made by | with Great + | | | Britain, + | | | made by + -------+-------------------+---------------------------+-------------- + 1802 | Denmark. | | + 1807 | Great Britain; | | + | United States. | | + 1813 | Sweden. | | + 1814 | Netherlands. | | + 1815 | Portugal (north | | + | of the equator).| | + 1817 | Spain (north of | Portugal; Spain. | + | the equator). | | + 1818 | France. | Netherlands. | + 1820 | Spain. | | + 1824 | | Sweden. | + 1829 | Brazil (?). | | + 1830 | Portugal. | | + 1831-33| | France. | + 1833-39| | Denmark, Hanse Towns, etc.| + 1841 | | Quintuple Treaty (Austria,| + 1842 | | Russia, Prussia). | United States. + 1844 | | Texas. | + 1845 | | Belgium. | France. + 1862 | | United States. | + -------+-------------------+---------------------------+-------------- + + + + [52] Cf. _British and Foreign State Papers_, from 1836 to + 1842. + + [53] _Ibid._, 1839-40, p. 940. + + [54] _House Doc._, 27 Cong. 1 sess. No. 34, pp. 5-6. + + [55] _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, p. 56. + + [56] _Ibid._, p. 72. + + [57] _Ibid._, pp. 133-40, etc. + + [58] _British and Foreign State Papers_, 1841-2, p. 269 ff. + + [59] See below, Appendix B. + + [60] _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, p. 201. + + [61] _Senate Exec. Journal_, VI. 123. + + [62] _U.S. Treaties and Conventions_ (ed. 1889), pp. 436-7. + For the debates in the Senate, see _Congressional Globe_, 27 + Cong. 3 sess. Appendix. Cass resigned on account of the + acceptance of this treaty without a distinct denial of the + Right of Search, claiming that this compromised his position + in France. Cf. _Senate Doc._, 27 Cong. 3 sess. II., IV. Nos. + 52, 223; 29 Cong. 1 sess. VIII. No. 377. + + [63] Cf. below, Chapter X. + + [64] _Senate Exec. Doc._, 28 Cong. 2 sess. IX. No. 150, p. 72. + + [65] _Ibid._, p. 77. + + [66] _House Doc._, 27 Cong. 3 sess. V. No. 192, p. 4. Cf. + _British and Foreign State Papers_, 1842-3, p. 708 ff. + + [67] _House Journal_, 27 Cong. 3 sess. pp. 431, 485-8. Cf. + _House Doc._, 27 Cong. 3 sess. V. No. 192. + + [68] Cf. below, Chapter X. + + [69] With a fleet of 26 vessels, reduced to 12 in 1849: + _British and Foreign State Papers_, 1844-5, p. 4 ff.; 1849-50, + p. 480. + + [70] _Ibid._, 1850-1, p. 953. + + [71] Portugal renewed her Right of Search treaty in 1842: + _Ibid._, 1841-2, p. 527 ff.; 1842-3, p. 450. + + [72] _Ibid._, 1843-4, p. 316. + + [73] _Ibid._, 1844-5, p. 592. There already existed some such + privileges between England and Texas. + + [74] _Ibid._, 1847-8, p. 397 ff. + + [75] _Ibid._, 1858-9, pp. 1121, 1129. + + [76] _British and Foreign State Papers_, 1859-60, pp. 902-3. + + [77] _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7. + + [78] _Ibid._ + + [79] _Senate Exec. Doc._, 37 Cong. 2 sess. V. No. 57. + + [80] _Senate Exec. Journal_, XII. 230-1, 240, 254, 256, 391, + 400, 403; _Diplomatic Correspondence_, 1862, pp. 141, 158; + _U.S. Treaties and Conventions_ (ed. 1889), pp. 454-9. + + [81] _Diplomatic Correspondence_, 1862, pp. 64-5. This treaty + was revised in 1863. The mixed court in the West Indies had, + by February, 1864, liberated 95,206 Africans: _Senate Exec. + Doc._, 38 Cong. 1 sess. No. 56, p. 24. + + * * * * * + + + + +_Chapter X_ + +THE RISE OF THE COTTON KINGDOM. 1820-1850. + + 74. The Economic Revolution. + 75. The Attitude of the South. + 76. The Attitude of the North and Congress. + 77. Imperfect Application of the Laws. + 78. Responsibility of the Government. + 79. Activity of the Slave-Trade. + + +74. ~The Economic Revolution.~ The history of slavery and the +slave-trade after 1820 must be read in the light of the industrial +revolution through which the civilized world passed in the first half of +the nineteenth century. Between the years 1775 and 1825 occurred +economic events and changes of the highest importance and widest +influence. Though all branches of industry felt the impulse of this new +industrial life, yet, "if we consider single industries, cotton +manufacture has, during the nineteenth century, made the most +magnificent and gigantic advances."[1] This fact is easily explained by +the remarkable series of inventions that revolutionized this industry +between 1738 and 1830, including Arkwright's, Watt's, Compton's, and +Cartwright's epoch-making contrivances.[2] The effect which these +inventions had on the manufacture of cotton goods is best illustrated +by the fact that in England, the chief cotton market of the world, the +consumption of raw cotton rose steadily from 13,000 bales in 1781, to +572,000 in 1820, to 871,000 in 1830, and to 3,366,000 in 1860.[3] Very +early, therefore, came the query whence the supply of raw cotton was to +come. Tentative experiments on the rich, broad fields of the Southern +United States, together with the indispensable invention of Whitney's +cotton-gin, soon answered this question: a new economic future was +opened up to this land, and immediately the whole South began to extend +its cotton culture, and more and more to throw its whole energy into +this one staple. + +Here it was that the fatal mistake of compromising with slavery in the +beginning, and of the policy of _laissez-faire_ pursued thereafter, +became painfully manifest; for, instead now of a healthy, normal, +economic development along proper industrial lines, we have the abnormal +and fatal rise of a slave-labor large farming system, which, before it +was realized, had so intertwined itself with and braced itself upon the +economic forces of an industrial age, that a vast and terrible civil war +was necessary to displace it. The tendencies to a patriarchal serfdom, +recognizable in the age of Washington and Jefferson, began slowly but +surely to disappear; and in the second quarter of the century Southern +slavery was irresistibly changing from a family institution to an +industrial system. + +The development of Southern slavery has heretofore been viewed so +exclusively from the ethical and social standpoint that we are apt to +forget its close and indissoluble connection with the world's cotton +market. Beginning with 1820, a little after the close of the Napoleonic +wars, when the industry of cotton manufacture had begun its modern +development and the South had definitely assumed her position as chief +producer of raw cotton, we find the average price of cotton per pound, +81/2_d._ From this time until 1845 the price steadily fell, until in the +latter year it reached 4_d._; the only exception to this fall was in the +years 1832-1839, when, among other things, a strong increase in the +English demand, together with an attempt of the young slave power to +"corner" the market, sent the price up as high as 11_d._ The demand for +cotton goods soon outran a crop which McCullough had pronounced +"prodigious," and after 1845 the price started on a steady rise, which, +except for the checks suffered during the continental revolutions and +the Crimean War, continued until 1860.[4] The steady increase in the +production of cotton explains the fall in price down to 1845. In 1822 +the crop was a half-million bales; in 1831, a million; in 1838, a +million and a half; and in 1840-1843, two million. By this time the +world's consumption of cotton goods began to increase so rapidly that, +in spite of the increase in Southern crops, the price kept rising. Three +million bales were gathered in 1852, three and a half million in 1856, +and the remarkable crop of five million bales in 1860.[5] + +Here we have data to explain largely the economic development of the +South. By 1822 the large-plantation slave system had gained footing; in +1838-1839 it was able to show its power in the cotton "corner;" by the +end of the next decade it had not only gained a solid economic +foundation, but it had built a closed oligarchy with a political policy. +The changes in price during the next few years drove out of competition +many survivors of the small-farming free-labor system, and put the slave +_regime_ in position to dictate the policy of the nation. The zenith of +the system and the first inevitable signs of decay came in the years +1850-1860, when the rising price of cotton threw the whole economic +energy of the South into its cultivation, leading to a terrible +consumption of soil and slaves, to a great increase in the size of +plantations, and to increasing power and effrontery on the part of the +slave barons. Finally, when a rising moral crusade conjoined with +threatened economic disaster, the oligarchy, encouraged by the state of +the cotton market, risked all on a political _coup-d'etat_, which failed +in the war of 1861-1865.[6] + + +75. ~The Attitude of the South.~ The attitude of the South toward the +slave-trade changed _pari passu_ with this development of the cotton +trade. From 1808 to 1820 the South half wished to get rid of a +troublesome and abnormal institution, and yet saw no way to do so. The +fear of insurrection and of the further spread of the disagreeable +system led her to consent to the partial prohibition of the trade by +severe national enactments. Nevertheless, she had in the matter no +settled policy: she refused to support vigorously the execution of the +laws she had helped to make, and at the same time she acknowledged the +theoretical necessity of these laws. After 1820, however, there came a +gradual change. The South found herself supplied with a body of slave +laborers, whose number had been augmented by large illicit importations, +with an abundance of rich land, and with all other natural facilities +for raising a crop which was in large demand and peculiarly adapted to +slave labor. The increasing crop caused a new demand for slaves, and an +interstate slave-traffic arose between the Border and the Gulf States, +which turned the former into slave-breeding districts, and bound them to +the slave States by ties of strong economic interest. + +As the cotton crop continued to increase, this source of supply became +inadequate, especially as the theory of land and slave consumption broke +down former ethical and prudential bounds. It was, for example, found +cheaper to work a slave to death in a few years, and buy a new one, than +to care for him in sickness and old age; so, too, it was easier to +despoil rich, new land in a few years of intensive culture, and move on +to the Southwest, than to fertilize and conserve the soil.[7] +Consequently, there early came a demand for land and slaves greater than +the country could supply. The demand for land showed itself in the +annexation of Texas, the conquest of Mexico, and the movement toward the +acquisition of Cuba. The demand for slaves was manifested in the illicit +traffic that noticeably increased about 1835, and reached large +proportions by 1860. It was also seen in a disposition to attack the +government for stigmatizing the trade as criminal,[8] then in a +disinclination to take any measures which would have rendered our +repressive laws effective; and finally in such articulate declarations +by prominent men as this: "Experience having settled the point, that +this Trade _cannot be abolished by the use of force_, and that +blockading squadrons serve only to make it more profitable and more +cruel, I am surprised that the attempt is persisted in, unless as it +serves as a cloak to some other purposes. It would be far better than it +now is, for the African, if the trade was free from all restrictions, +and left to the mitigation and decay which time and competition would +surely bring about."[9] + + +76. ~The Attitude of the North and Congress.~ With the North as yet +unawakened to the great changes taking place in the South, and with the +attitude of the South thus in process of development, little or no +constructive legislation could be expected on the subject of the +slave-trade. As the divergence in sentiment became more and more +pronounced, there were various attempts at legislation, all of which +proved abortive. The pro-slavery party attempted, as early as 1826, and +again in 1828, to abolish the African agency and leave the Africans +practically at the mercy of the States;[10] one or two attempts were +made to relax the few provisions which restrained the coastwise +trade;[11] and, after the treaty of 1842, Benton proposed to stop +appropriations for the African squadron until England defined her +position on the Right of Search question.[12] The anti-slavery men +presented several bills to amend and strengthen previous laws;[13] they +sought, for instance, in vain to regulate the Texan trade, through which +numbers of slaves indirectly reached the United States.[14] Presidents +and consuls earnestly recommended legislation to restrict the clearances +of vessels bound on slave-trading voyages, and to hinder the facility +with which slavers obtained fraudulent papers.[15] Only one such bill +succeeded in passing the Senate, and that was dropped in the House.[16] + +The only legislation of this period was confined to a few appropriation +bills. Only one of these acts, that of 1823, appropriating $50,000,[17] +was designed materially to aid in the suppression of the trade, all the +others relating to expenses incurred after violations. After 1823 the +appropriations dwindled, being made at intervals of one, two, and three +years, down to 1834, when the amount was $5,000. No further +appropriations were made until 1842, when a few thousands above an +unexpended surplus were appropriated. In 1843 $5,000 were given, and +finally, in 1846, $25,000 were secured; but this was the last sum +obtainable until 1856.[18] Nearly all of these meagre appropriations +went toward reimbursing Southern plantation owners for the care and +support of illegally imported Africans, and the rest to the maintenance +of the African agency. Suspiciously large sums were paid for the first +purpose, considering the fact that such Africans were always worked hard +by those to whom they were farmed out, and often "disappeared" while in +their hands. In the accounts we nevertheless find many items like that +of $20,286.98 for the maintenance of Negroes imported on the +"Ramirez;"[19] in 1827, $5,442.22 for the "bounty, subsistence, +clothing, medicine," etc., of fifteen Africans;[20] in 1835, $3,613 for +the support of thirty-eight slaves for two months (including a bill of +$1,038 for medical attendance).[21] + +The African agency suffered many vicissitudes. The first agent, Bacon, +who set out early in 1820, was authorized by President Monroe "to form +an establishment on the island of Sherbro, or elsewhere on the coast of +Africa," and to build barracks for three hundred persons. He was, +however, warned "not to connect your agency with the views or plans of +the Colonization Society, with which, under the law, the Government of +the United States has no concern." Bacon soon died, and was followed +during the next four years by Winn and Ayres; they succeeded in +establishing a government agency on Cape Mesurado, in conjunction with +that of the Colonization Society. The agent of that Society, Jehudi +Ashmun, became after 1822, the virtual head of the colony; he fortified +and enlarged it, and laid the foundations of an independent community. +The succeeding government agents came to be merely official +representatives of the United States, and the distribution of free +rations for liberated Africans ceased in 1827. + +Between 1819 and 1830 two hundred and fifty-two recaptured Africans were +sent to the agency, and $264,710 were expended. The property of the +government at the agency was valued at $18,895. From 1830 to 1840, +nearly $20,000 more were expended, chiefly for the agents' salaries. +About 1840 the appointment of an agent ceased, and the colony became +gradually self-supporting and independent. It was proclaimed as the +Republic of Liberia in 1847.[22] + + +77. ~Imperfect Application of the Laws.~ In reviewing efforts toward the +suppression of the slave-trade from 1820 to 1850, it must be remembered +that nearly every cabinet had a strong, if not a predominating, Southern +element, and that consequently the efforts of the executive were +powerfully influenced by the changing attitude of the South. Naturally, +under such circumstances, the government displayed little activity and +no enthusiasm in the work. In 1824 a single vessel of the Gulf squadron +was occasionally sent to the African coast to return by the route +usually followed by the slavers; no wonder that "none of these or any +other of our public ships have found vessels engaged in the slave trade +under the flag of the United States, ... although it is known that the +trade still exists to a most lamentable extent."[23] Indeed, all that an +American slaver need do was to run up a Spanish or a Portuguese flag, to +be absolutely secure from all attack or inquiry on the part of United +States vessels. Even this desultory method of suppression was not +regular: in 1826 "no vessel has been despatched to the coast of Africa +for several months,"[24] and from that time until 1839 this country +probably had no slave-trade police upon the seas, except in the Gulf of +Mexico. In 1839 increasing violations led to the sending of two +fast-sailing vessels to the African coast, and these were kept there +more or less regularly;[25] but even after the signing of the treaty of +1842 the Secretary of the Navy reports: "On the coast of Africa we have +_no_ squadron. The small appropriation of the present year was believed +to be scarcely sufficient."[26] Between 1843 and 1850 the coast squadron +varied from two to six vessels, with from thirty to ninety-eight +guns;[27] "but the force habitually and actively engaged in cruizing on +the ground frequented by slavers has probably been less by one-fourth, +if we consider the size of the ships employed and their withdrawal for +purposes of recreation and health, and the movement of the reliefs, +whose arrival does not correspond exactly with the departure of the +vessels whose term of service has expired."[28] The reports of the navy +show that in only four of the eight years mentioned was the fleet, at +the time of report, at the stipulated size of eighty guns; and at times +it was much below this, even as late as 1848, when only two vessels are +reported on duty along the African coast.[29] As the commanders +themselves acknowledged, the squadron was too small and the +cruising-ground too large to make joint cruising effective.[30] + +The same story comes from the Brazil station: "Nothing effectual can be +done towards stopping the slave trade, as our squadron is at present +organized," wrote the consul at Rio Janeiro in 1847; "when it is +considered that the Brazil station extends from north of the equator to +Cape Horn on this continent, and includes a great part of Africa south +of the equator, on both sides of the Cape of Good Hope, it must be +admitted that one frigate and one brig is a very insufficient force to +protect American commerce, and repress the participation in the slave +trade by our own vessels."[31] In the Gulf of Mexico cruisers were +stationed most of the time, although even here there were at times +urgent representations that the scarcity or the absence of such vessels +gave the illicit trade great license.[32] + +Owing to this general negligence of the government, and also to its +anxiety on the subject of the theoretic Right of Search, many officials +were kept in a state of chronic deception in regard to the trade. The +enthusiasm of commanders was dampened by the lack of latitude allowed +and by the repeated insistence in their orders on the non-existence of a +Right of Search.[33] When one commander, realizing that he could not +cover the trading-track with his fleet, requested English commanders to +detain suspicious American vessels until one of his vessels came up, the +government annulled the agreement as soon as it reached their ears, +rebuked him, and the matter was alluded to in Congress long after with +horror.[34] According to the orders of cruisers, only slavers with +slaves actually on board could be seized. Consequently, fully equipped +slavers would sail past the American fleet, deliberately make all +preparations for shipping a cargo, then, when the English were not near, +"sell" the ship to a Spaniard, hoist the Spanish flag, and again sail +gayly past the American fleet with a cargo of slaves. An English +commander reported: "The officers of the United States' navy are +extremely active and zealous in the cause, and no fault can be +attributed to them, but it is greatly to be lamented that this blemish +should in so great a degree nullify our endeavours."[35] + + +78. ~Responsibility of the Government.~ Not only did the government thus +negatively favor the slave-trade, but also many conscious, positive acts +must be attributed to a spirit hostile to the proper enforcement of the +slave-trade laws. In cases of doubt, when the law needed executive +interpretation, the decision was usually in favor of the looser +construction of the law; the trade from New Orleans to Mobile was, for +instance, declared not to be coastwise trade, and consequently, to the +joy of the Cuban smugglers, was left utterly free and unrestricted.[36] +After the conquest of Mexico, even vessels bound to California, by the +way of Cape Horn, were allowed to clear coastwise, thus giving our flag +to "the slave-pirates of the whole world."[37] Attorney-General Nelson +declared that the selling to a slave-trader of an American vessel, to be +delivered on the coast of Africa, was not aiding or abetting the +slave-trade.[38] So easy was it for slavers to sail that corruption +among officials was hinted at. "There is certainly a want of proper +vigilance at Havana," wrote Commander Perry in 1844, "and perhaps at the +ports of the United States;" and again, in the same year, "I cannot but +think that the custom-house authorities in the United States are not +sufficiently rigid in looking after vessels of suspicious +character."[39] + +In the courts it was still next to impossible to secure the punishment +of the most notorious slave-trader. In 1847 a consul writes: "The slave +power in this city [i.e., Rio Janeiro] is extremely great, and a consul +doing his duty needs to be supported kindly and effectually at home. In +the case of the 'Fame,' where the vessel was diverted from the business +intended by her owners and employed in the slave trade--both of which +offences are punishable with death, if I rightly read the laws--I sent +home the two mates charged with these offences, for trial, the first +mate to Norfolk, the second mate to Philadelphia. What was done with the +first mate I know not. In the case of the man sent to Philadelphia, Mr. +Commissioner Kane states that a clear prima facie case is made out, and +then holds him to bail in the sum of _one thousand dollars_, which would +be paid by any slave trader in Rio, on the _presentation of a draft_. In +all this there is little encouragement for exertion."[40] Again, the +"Perry" in 1850 captured a slaver which was about to ship 1,800 slaves. +The captain admitted his guilt, and was condemned in the United States +District Court at New York. Nevertheless, he was admitted to bail of +$5,000; this being afterward reduced to $3,000, he forfeited it and +escaped. The mate was sentenced to two years in the penitentiary.[41] +Also several slavers sent home to the United States by the British, with +clear evidence of guilt, escaped condemnation through +technicalities.[42] + + +79. ~Activity of the Slave-Trade, 1820-1850.~ The enhanced price of +slaves throughout the American slave market, brought about by the new +industrial development and the laws against the slave-trade, was the +irresistible temptation that drew American capital and enterprise into +that traffic. In the United States, in spite of the large interstate +traffic, the average price of slaves rose from about $325 in 1840, to +$360 in 1850, and to $500 in 1860.[43] Brazil and Cuba offered similar +inducements to smugglers, and the American flag was ready to protect +such pirates. As a result, the American slave-trade finally came to be +carried on principally by United States capital, in United States ships, +officered by United States citizens, and under the United States flag. + +Executive reports repeatedly acknowledged this fact. In 1839 "a careful +revision of these laws" is recommended by the President, in order that +"the integrity and honor of our flag may be carefully preserved."[44] In +June, 1841, the President declares: "There is reason to believe that the +traffic is on the increase," and advocates "vigorous efforts."[45] His +message in December of the same year acknowledges: "That the American +flag is grossly abused by the abandoned and profligate of other nations +is but too probable."[46] The special message of 1845 explains at length +that "it would seem" that a regular policy of evading the laws is +carried on: American vessels with the knowledge of the owners are +chartered by notorious slave dealers in Brazil, aided by English +capitalists, with this intent.[47] The message of 1849 "earnestly" +invites the attention of Congress "to an amendment of our existing laws +relating to the African slave-trade, with a view to the effectual +suppression of that barbarous traffic. It is not to be denied," +continues the message, "that this trade is still, in part, carried on by +means of vessels built in the United States, and owned or navigated by +some of our citizens."[48] Governor Buchanan of Liberia reported in +1839: "The chief obstacle to the success of the very active measures +pursued by the British government for the suppression of the slave-trade +on the coast, is the _American flag_. Never was the proud banner of +freedom so extensively used by those pirates upon liberty and humanity, +as at this season."[49] One well-known American slaver was boarded +fifteen times and twice taken into port, but always escaped by means of +her papers.[50] Even American officers report that the English are doing +all they can, but that the American flag protects the trade.[51] The +evidence which literally poured in from our consuls and ministers at +Brazil adds to the story of the guilt of the United States.[52] It was +proven that the participation of United States citizens in the trade was +large and systematic. One of the most notorious slave merchants of +Brazil said: "I am worried by the Americans, who insist upon my hiring +their vessels for slave-trade."[53] Minister Proffit stated, in 1844, +that the "slave-trade is almost entirely carried on under our flag, in +American-built vessels."[54] So, too, in Cuba: the British commissioners +affirm that American citizens were openly engaged in the traffic; +vessels arrived undisguised at Havana from the United States, and +cleared for Africa as slavers after an alleged sale.[55] The American +consul, Trist, was proven to have consciously or unconsciously aided +this trade by the issuance of blank clearance papers.[56] + +The presence of American capital in these enterprises, and the +connivance of the authorities, were proven in many cases and known in +scores. In 1837 the English government informed the United States that +from the papers of a captured slaver it appeared that the notorious +slave-trading firm, Blanco and Carballo of Havana, who owned the vessel, +had correspondents in the United States: "at Baltimore, Messrs. Peter +Harmony and Co., in New York, Robert Barry, Esq."[57] The slaver +"Martha" of New York, captured by the "Perry," contained among her +papers curious revelations of the guilt of persons in America who were +little suspected.[58] The slaver "Prova," which was allowed to lie in +the harbor of Charleston, South Carolina, and refit, was afterwards +captured with two hundred and twenty-five slaves on board.[59] The real +reason that prevented many belligerent Congressmen from pressing certain +search claims against England lay in the fact that the unjustifiable +detentions had unfortunately revealed so much American guilt that it was +deemed wiser to let the matter end in talk. For instance, in 1850 +Congress demanded information as to illegal searches, and President +Fillmore's report showed the uncomfortable fact that, of the ten +American ships wrongly detained by English men-of-war, nine were proven +red-handed slavers.[60] + +The consul at Havana reported, in 1836, that whole cargoes of slaves +fresh from Africa were being daily shipped to Texas in American vessels, +that 1,000 had been sent within a few months, that the rate was +increasing, and that many of these slaves "can scarcely fail to find +their way into the United States." Moreover, the consul acknowledged +that ships frequently cleared for the United States in ballast, taking +on a cargo at some secret point.[61] When with these facts we consider +the law facilitating "recovery" of slaves from Texas,[62] the repeated +refusals to regulate the Texan trade, and the shelving of a proposed +congressional investigation into these matters,[63] conjecture becomes a +practical certainty. It was estimated in 1838 that 15,000 Africans were +annually taken to Texas, and "there are even grounds for suspicion that +there are other places ... where slaves are introduced."[64] Between +1847 and 1853 the slave smuggler Drake had a slave depot in the Gulf, +where sometimes as many as 1,600 Negroes were on hand, and the owners +were continually importing and shipping. "The joint-stock company," +writes this smuggler, "was a very extensive one, and connected with +leading American and Spanish mercantile houses. Our island[65] was +visited almost weekly, by agents from Cuba, New York, Baltimore, +Philadelphia, Boston, and New Orleans.... The seasoned and instructed +slaves were taken to Texas, or Florida, overland, and to Cuba, in +sailing-boats. As no squad contained more than half a dozen, no +difficulty was found in posting them to the United States, without +discovery, and generally without suspicion.... The Bay Island plantation +sent ventures weekly to the Florida Keys. Slaves were taken into the +great American swamps, and there kept till wanted for the market. +Hundreds were sold as captured runaways from the Florida wilderness. We +had agents in every slave State; and our coasters were built in Maine, +and came out with lumber. I could tell curious stories ... of this +business of smuggling Bozal negroes into the United States. It is +growing more profitable every year, and if you should hang all the +Yankee merchants engaged in it, hundreds would fill their places."[66] +Inherent probability and concurrent testimony confirm the substantial +truth of such confessions. For instance, one traveller discovers on a +Southern plantation Negroes who can speak no English.[67] The careful +reports of the Quakers "apprehend that many [slaves] are also introduced +into the United States."[68] Governor Mathew of the Bahama Islands +reports that "in more than one instance, Bahama vessels with coloured +crews have been purposely wrecked on the coast of Florida, and the crews +forcibly sold." This was brought to the notice of the United States +authorities, but the district attorney of Florida could furnish no +information.[69] + +Such was the state of the slave-trade in 1850, on the threshold of the +critical decade which by a herculean effort was destined finally to +suppress it. + + +FOOTNOTES: + + [1] Beer, _Geschichte des Welthandels im 19^{ten} + Jahrhundert_, II. 67. + + [2] A list of these inventions most graphically illustrates + this advance:-- + + 1738, John Jay, fly-shuttle. + John Wyatt, spinning by rollers. + 1748, Lewis Paul, carding-machine. + 1760, Robert Kay, drop-box. + 1769, Richard Arkwright, water-frame and throstle. + James Watt, steam-engine. + 1772, James Lees, improvements on carding-machine. + 1775, Richard Arkwright, series of combinations. + 1779, Samuel Compton, mule. + 1785, Edmund Cartwright, power-loom. + 1803-4, Radcliffe and Johnson, dressing-machine. + 1817, Roberts, fly-frame. + 1818, William Eaton, self-acting frame. + 1825-30, Roberts, improvements on mule. + + Cf. Baines, _History of the Cotton Manufacture_, pp. 116-231; + _Encyclopaedia Britannica_, 9th ed., article "Cotton." + + [3] Baines, _History of the Cotton Manufacture_, p. 215. A + bale weighed from 375 lbs. to 400 lbs. + + [4] The prices cited are from Newmarch and Tooke, and refer to + the London market. The average price in 1855-60 was about + 7_d._ + + [5] From United States census reports. + + [6] Cf. United States census reports; and Olmsted, _The Cotton + Kingdom_. + + [7] Cf. United States census reports; and Olmsted, _The Cotton + Kingdom_. + + [8] As early as 1836 Calhoun declared that he should ever + regret that the term "piracy" had been applied to the + slave-trade in our laws: Benton, _Abridgment of Debates_, XII. + 718. + + [9] Governor J.H. Hammond of South Carolina, in _Letters to + Clarkson_, No. 1, p. 2. + + [10] In 1826 Forsyth of Georgia attempted to have a bill + passed abolishing the African agency, and providing that the + Africans imported be disposed of in some way that would entail + no expense on the public treasury: _Home Journal_, 19 Cong. 1 + sess. p. 258. In 1828 a bill was reported to the House to + abolish the agency and make the Colonization Society the + agents, if they would agree to the terms. The bill was so + amended as merely to appropriate money for suppressing the + slave-trade: _Ibid._, 20 Cong. 1 sess., House Bill No. 190. + + [11] _Ibid._, pp. 121, 135; 20 Cong. 2 sess. pp. 58-9, 84, + 215. + + [12] _Congressional Globe_, 27 Cong. 3 sess. pp. 328, 331-6. + + [13] Cf. Mercer's bill, _House Journal_, 21 Cong. 1 sess. p. + 512; also Strange's two bills, _Senate Journal_, 25 Cong. 3 + sess. pp. 200, 313; 26 Cong. 1 sess., Senate Bill No. 123. + + [14] _Senate Journal_, 25 Cong. 2 sess. pp. 297-8, 300. + + [15] _Senate Doc_, 28 Cong. 1 sess. IV. No. 217, p. 19; + _Senate Exec. Doc._, 31 Cong. 2 sess. II. No. 6, pp. 3, 10, + etc.; 33 Cong. 1 sess. VIII. No. 47, pp. 5-6; 34 Cong. 1 sess. + XV. No. 99, p. 80; _House Journal_, 26 Cong. 1 sess. pp. + 117-8; cf. _Ibid._, 20 Cong. 1 sess. p. 650, etc.; 21 Cong. 2 + sess. p. 194; 27 Cong. 1 sess. pp. 31, 184; _House Doc._, 29 + Cong. 1 sess. III. No. 43, p. 11; _House Exec. Doc._, 31 Cong. + 1 sess. III. pt. 1, No. 5, pp. 7-8. + + [16] _Senate Journal_, 26 Cong. 1 sess., Senate Bill No. 335; + _House Journal_, 26 Cong. 1 sess. pp. 1138, 1228, 1257. + + [17] _Statutes at Large_, III. 764. + + [18] Cf. above, Chapter VIII. p. 125. + + [19] Cf. _Report of the Secretary of the Navy_, 1827. + + [20] _Ibid._ + + [21] _House Reports_, 24 Cong. 1 sess. I. No. 223. + + [22] This account is taken exclusively from government + documents: _Amer. State Papers, Naval_, III. Nos. 339, 340, + 357, 429 E; IV. Nos. 457 R (1 and 2), 486 H, I, p. 161 and 519 + R, 564 P, 585 P; _House Reports_, 19 Cong. 1 sess. I. No. 65; + _House Doc._, 19 Cong. 2 sess. IV. No. 69; 21 Cong. 2 sess. I. + No. 2, pp. 42-3, 211-8; 22 Cong. 1 sess. I. No. 2, pp. 45, + 272-4; 22 Cong. 2 sess. I. No. 2, pp. 48, 229; 23 Cong. 1 + sess. I. No. 1, pp. 238, 269; 23 Cong. 2 sess. I. No. 2, pp. + 315, 363; 24 Cong, 1 sess. I. No. 2, pp. 336, 378; 24 Cong. 2 + sess. I. No. 2, pp. 450, 506; 25 Cong. 2 sess. I. No. 3, pp. + 771, 850; 26 Cong. 1 sess. I. No. 2, pp. 534, 612; 26 Cong. 2 + sess. I. No. 2, pp. 405, 450. It is probable that the agent + became eventually the United States consul and minister; I + cannot however cite evidence for this supposition. + + [23] _Report of the Secretary of the Navy_, 1824. + + [24] _Ibid._, 1826. + + [25] _Ibid._, 1839. + + [26] _Ibid._, 1842. + + [27] _British and Foreign State Papers_, 1857-8, p. 1250. + + [28] Lord Napier to Secretary of State Cass, Dec. 24, 1857: + _British and Foreign State Papers_, 1857-8, p. 1249. + + [29] _Parliamentary Papers_, 1847-8, Vol. LXIV. No. 133, + _Papers Relative to the Suppression of the Slave Trade on the + Coast of Africa_, p. 2. + + [30] Report of Perry: _Senate Doc._, 28 Cong. 2 sess. IX. No. + 150, p. 118. + + [31] Consul Park at Rio Janeiro to Secretary Buchanan, Aug. + 20, 1847: _House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, p. + 7. + + [32] Suppose "an American vessel employed to take in negroes + at some point on this coast. There is no American man-of-war + here to obtain intelligence. What risk does she run of being + searched? But suppose that there is a man-of-war in port. What + is to secure the master of the merchantman against her [the + man-of-war's commander's knowing all about his [the + merchant-man's] intention, or suspecting it in time to be upon + him [the merchant-man] before he shall have run a league on + his way to Texas?" Consul Trist to Commander Spence: _House + Doc._, 27 Cong. 1 sess. No. 34, p. 41.] + + [33] A typical set of instructions was on the following plan: + 1. You are charged with the protection of legitimate commerce. + 2. While the United States wishes to suppress the slave-trade, + she will not admit a Right of Search by foreign vessels. 3. + You are to arrest slavers. 4. You are to allow in no case an + exercise of the Right of Search or any great interruption of + legitimate commerce.--To Commodore Perry, March 30, 1843: + _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 104. + + [34] _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. + 765-8. Cf. Benton's speeches on the treaty of 1842. + + [35] Report of Hotham to Admiralty, April 7, 1847: + _Parliamentary Papers_, 1847-8, Vol. LXIV. No. 133, _Papers + Relative to the Suppression of the Slave Trade on the Coast of + Africa_, p. 13. + + [36] _Opinions of Attorneys-General_, III. 512. + + [37] _Tenth Annual Report of the Amer. and Foreign Anti-Slav. + Soc._, May 7, 1850, p. 149. + + [38] _Opinions of Attorneys-General_, IV. 245. + + [39] _Senate Doc._, 28 Cong. 2 sess. IX. No. 150, pp. 108, + 132. + + [40] _House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, p. 18. + + [41] Foote, _Africa and the American Flag_, pp. 286-90. + + [42] _British and Foreign State Papers_, 1839-40, pp. 913-4. + + [43] Cf. United States census reports; and Olmsted, _Cotton + Kingdom_. + + [44] _House Journal_, 26 Cong. 1 sess. p. 118. + + [45] _Ibid._, 27 Cong. 1 sess. pp. 31, 184. + + [46] _Ibid._, 27 Cong. 2 sess. pp. 14, 15, 86, 113. + + [47] _Senate Journal_, 28 Cong. 2 sess. pp. 191, 227. + + [48] _House Exec. Doc._, 31 Cong. 1 sess. III. pt. I. No. 5, + p. 7. + + [49] Foote, _Africa and the American Flag_, p. 152. + + [50] _Ibid._, pp. 152-3. + + [51] _Ibid._, p. 241. + + [52] Cf. e.g. _House Doc._, 28 Cong. 2 sess. IV. pt. I. No. + 148; 29 Cong. 1 sess. III. No. 43; _House Exec. Doc._, 30 + Cong. 2 sess. VII. No. 61; _Senate Exec. Doc._, 30 Cong. 1 + sess. IV. No. 28; 31 Cong. 2 sess. II. No. 6; 33 Cong. 1 sess. + VIII. No. 47. + + [53] Foote, _Africa and the American Flag_, p. 218. + + [54] _Ibid._, p. 221. + + [55] Palmerston to Stevenson: _House Doc._, 26 Cong. 2 sess. + V. No. 115, p. 5. In 1836 five such slavers were known to have + cleared; in 1837, eleven; in 1838, nineteen; and in 1839, + twenty-three: _Ibid._, pp. 220-1. + + [56] _Parliamentary Papers_, 1839, Vol. XLIX., _Slave Trade_, + class A, Further Series, pp. 58-9; class B, Further Series, p. + 110; class D, Further Series, p. 25. Trist pleaded ignorance + of the law: Trist to Forsyth, _House Doc._, 26 Cong. 2 sess. + V. No. 115. + + [57] _House Doc._, 26 Cong. 2 sess. V. No. 115. + + [58] Foote, _Africa and the American Flag_, p. 290. + + [59] _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 121, + 163-6. + + [60] _Senate Exec. Doc._, 31 Cong. 1 sess. XIV No. 66. + + [61] Trist to Forsyth: _House Doc._, 26 Cong. 2 sess. V. No. + 115. "The business of supplying the United States with + Africans from this island is one that must necessarily exist," + because "slaves are a hundred _per cent_, or more, higher in + the United States than in Cuba," and this profit "is a + temptation which it is not in human nature as modified by + American institutions to withstand": _Ibid._ + + [62] _Statutes at Large_, V. 674. + + [63] Cf. above, p. 157, note 1. + + [64] Buxton, _The African Slave Trade and its Remedy_, pp. + 44-5. Cf. _2d Report of the London African Soc._, p. 22. + + [65] I.e., Bay Island in the Gulf of Mexico, near the coast of + Honduras. + + [66] _Revelations of a Slave Smuggler_, p. 98. + + [67] Mr. H. Moulton in _Slavery as it is_, p. 140; cited in + _Facts and Observations on the Slave Trade_ (Friends' ed. + 1841), p. 8. + + [68] In a memorial to Congress, 1840: _House Doc._, 26 Cong. 1 + sess. VI. No. 211. + + [69] _British and Foreign State Papers_, 1845-6, pp. 883, 968, + 989-90. The governor wrote in reply: "The United States, if + properly served by their law officers in the Floridas, will + not experience any difficulty in obtaining the requisite + knowledge of these illegal transactions, which, I have reason + to believe, were the subject of common notoriety in the + neighbourhood where they occurred, and of boast on the part of + those concerned in them": _British and Foreign State Papers_, + 1845-6, p. 990. + + * * * * * + + + + +_Chapter XI_ + +THE FINAL CRISIS. 1850-1870. + + 80. The Movement against the Slave-Trade Laws. + 81. Commercial Conventions of 1855-56. + 82. Commercial Conventions of 1857-58. + 83. Commercial Convention of 1859. + 84. Public Opinion in the South. + 85. The Question in Congress. + 86. Southern Policy in 1860. + 87. Increase of the Slave-Trade from 1850 to 1860. + 88. Notorious Infractions of the Laws. + 89. Apathy of the Federal Government. + 90. Attitude of the Southern Confederacy. + 91. Attitude of the United States. + + +80. ~The Movement against the Slave-Trade Laws.~ It was not altogether a +mistaken judgment that led the constitutional fathers to consider the +slave-trade as the backbone of slavery. An economic system based on +slave labor will find, sooner or later, that the demand for the cheapest +slave labor cannot long be withstood. Once degrade the laborer so that +he cannot assert his own rights, and there is but one limit below which +his price cannot be reduced. That limit is not his physical well-being, +for it may be, and in the Gulf States it was, cheaper to work him +rapidly to death; the limit is simply the cost of procuring him and +keeping him alive a profitable length of time. Only the moral sense of a +community can keep helpless labor from sinking to this level; and when a +community has once been debauched by slavery, its moral sense offers +little resistance to economic demand. This was the case in the West +Indies and Brazil; and although better moral stamina held the crisis +back longer in the United States, yet even here the ethical standard of +the South was not able to maintain itself against the demands of the +cotton industry. When, after 1850, the price of slaves had risen to a +monopoly height, the leaders of the plantation system, brought to the +edge of bankruptcy by the crude and reckless farming necessary under a +slave _regime_, and baffled, at least temporarily, in their quest of new +rich land to exploit, began instinctively to feel that the only +salvation of American slavery lay in the reopening of the African +slave-trade. + +It took but a spark to put this instinctive feeling into words, and +words led to deeds. The movement first took definite form in the ever +radical State of South Carolina. In 1854 a grand jury in the +Williamsburg district declared, "as our unanimous opinion, that the +Federal law abolishing the African Slave Trade is a public grievance. We +hold this trade has been and would be, if re-established, a blessing to +the American people, and a benefit to the African himself."[1] This +attracted only local attention; but when, in 1856, the governor of the +State, in his annual message, calmly argued at length for a reopening of +the trade, and boldly declared that "if we cannot supply the demand for +slave labor, then we must expect to be supplied with a species of labor +we do not want,"[2] such words struck even Southern ears like "a thunder +clap in a calm day."[3] And yet it needed but a few years to show that +South Carolina had merely been the first to put into words the +inarticulate thought of a large minority, if not a majority, of the +inhabitants of the Gulf States. + + +81. ~Commercial Conventions of 1855-56.~ The growth of the movement is +best followed in the action of the Southern Commercial Convention, an +annual gathering which seems to have been fairly representative of a +considerable part of Southern opinion. In the convention that met at New +Orleans in 1855, McGimsey of Louisiana introduced a resolution +instructing the Southern Congressmen to secure the repeal of the +slave-trade laws. This resolution went to the Committee on Resolutions, +and was not reported.[4] In 1856, in the convention at Savannah, W.B. +Goulden of Georgia moved that the members of Congress be requested to +bestir themselves energetically to have repealed all laws which forbade +the slave-trade. By a vote of 67 to 18 the convention refused to debate +the motion, but appointed a committee to present at the next convention +the facts relating to a reopening of the trade.[5] In regard to this +action a pamphlet of the day said: "There were introduced into the +convention two leading measures, viz.: the laying of a State tariff on +northern goods, and the reopening of the slave-trade; the one to advance +our commercial interest, the other our agricultural interest, and which, +when taken together, as they were doubtless intended to be, and although +they have each been attacked by presses of doubtful service to the +South, are characterized in the private judgment of politicians as one +of the completest southern remedies ever submitted to popular action.... +The proposition to revive, or more properly to reopen, the slave trade +is as yet but imperfectly understood, in its intentions and probable +results, by the people of the South, and but little appreciated by them. +It has been received in all parts of the country with an undefined sort +of repugnance, a sort of squeamishness, which is incident to all such +violations of moral prejudices, and invariably wears off on familiarity +with the subject. The South will commence by enduring, and end by +embracing the project."[6] The matter being now fully before the public +through these motions, Governor Adams's message, and newspaper and +pamphlet discussion, the radical party pushed the project with all +energy. + + +82. ~Commercial Conventions of 1857-58.~ The first piece of regular +business that came before the Commercial Convention at Knoxville, +Tennessee, August 10, 1857, was a proposal to recommend the abrogation +of the 8th Article of the Treaty of Washington, on the slave-trade. An +amendment offered by Sneed of Tennessee, declaring it inexpedient and +against settled policy to reopen the trade, was voted down, Alabama, +Arkansas, Florida, Louisiana, Mississippi, South Carolina, and Virginia +refusing to agree to it. The original motion then passed; and the +radicals, satisfied with their success in the first skirmish, again +secured the appointment of a committee to report at the next meeting on +the subject of reopening the slave-trade.[7] This next meeting assembled +May 10, 1858, in a Gulf State, Alabama, in the city of Montgomery. +Spratt of South Carolina, the slave-trade champion, presented an +elaborate majority report from the committee, and recommended the +following resolutions:-- + + 1. _Resolved_, That slavery is right, and that being right, + there can be no wrong in the natural means to its formation. + + 2. _Resolved_, That it is expedient and proper that the foreign + slave trade should be re-opened, and that this Convention will + lend its influence to any legitimate measure to that end. + + 3. _Resolved_, That a committee, consisting of one from each + slave State, be appointed to consider of the means, consistent + with the duty and obligations of these States, for re-opening + the foreign slave-trade, and that they report their plan to the + next meeting of this Convention. + +Yancey, from the same committee, presented a minority report, which, +though it demanded the repeal of the national prohibitory laws, did not +advocate the reopening of the trade by the States. + +Much debate ensued. Pryor of Virginia declared the majority report "a +proposition to dissolve the Union." Yancey declared that "he was for +disunion now. [Applause.]" He defended the principle of the slave-trade, +and said: "If it is right to buy slaves in Virginia and carry them to +New Orleans, why is it not right to buy them in Cuba, Brazil, or Africa, +and carry them there?" The opposing speeches made little attempt to meet +this uncomfortable logic; but, nevertheless, opposition enough was +developed to lay the report on the table until the next convention, with +orders that it be printed, in the mean time, as a radical campaign +document. Finally the convention passed a resolution:-- + + That it is inexpedient for any State, or its citizens, to + attempt to re-open the African slave-trade while that State is + one of the United States of America.[8] + + +83. ~Commercial Convention of 1859.~ The Convention of 1859 met at +Vicksburg, Mississippi, May 9-19, and the slave-trade party came ready +for a fray. On the second day Spratt called up his resolutions, and the +next day the Committee on Resolutions recommended that, _"in the opinion +of this Convention, all laws, State or Federal, prohibiting the African +slave trade, ought to be repealed."_ Two minority reports accompanied +this resolution: one proposed to postpone action, on account of the +futility of the attempt at that time; the other report recommended that, +since repeal of the national laws was improbable, nullification by the +States impracticable, and action by the Supreme Court unlikely, +therefore the States should bring in the Africans as apprentices, a +system the legality of which "is incontrovertible." "The only difficult +question," it was said, "is the future status of the apprentices after +the expiration of their term of servitude."[9] Debate on these +propositions began in the afternoon. A brilliant speech on the +resumption of the importation of slaves, says Foote of Mississippi, "was +listened to with breathless attention and applauded vociferously. Those +of us who rose in opposition were looked upon by the excited assemblage +present as _traitors_ to the best interests of the South, and only +worthy of expulsion from the body. The excitement at last grew so high +that personal violence was menaced, and some dozen of the more +conservative members of the convention withdrew from the hall in which +it was holding its sittings."[10] "It was clear," adds De Bow, "that the +people of Vicksburg looked upon it [i.e., the convention] with some +distrust."[11] When at last a ballot was taken, the first resolution +passed by a vote of 40 to 19.[12] Finally, the 8th Article of the Treaty +of Washington was again condemned; and it was also suggested, in the +newspaper which was the official organ of the meeting, that "the +Convention raise a fund to be dispensed in premiums for the best +sermons in favor of reopening the African Slave Trade."[13] + + +84. ~Public Opinion in the South.~ This record of the Commercial +Conventions probably gives a true reflection of the development of +extreme opinion on the question of reopening the slave-trade. First, it +is noticeable that on this point there was a distinct divergence of +opinion and interest between the Gulf and the Border States, and it was +this more than any moral repugnance that checked the radicals. The whole +movement represented the economic revolt of the slave-consuming +cotton-belt against their base of labor supply. This revolt was only +prevented from gaining its ultimate end by the fact that the Gulf States +could not get on without the active political co-operation of the Border +States. Thus, although such hot-heads as Spratt were not able, even as +late as 1859, to carry a substantial majority of the South with them in +an attempt to reopen the trade at all hazards, yet the agitation did +succeed in sweeping away nearly all theoretical opposition to the trade, +and left the majority of Southern people in an attitude which regarded +the reopening of the African slave-trade as merely a question of +expediency. + +This growth of Southern opinion is clearly to be followed in the +newspapers and pamphlets of the day, in Congress, and in many +significant movements. The Charleston _Standard_ in a series of articles +strongly advocated the reopening of the trade; the Richmond _Examiner_, +though opposing the scheme as a Virginia paper should, was brought to +"acknowledge that the laws which condemn the Slave-trade imply an +aspersion upon the character of the South.[14] In March, 1859, the +_National Era_ said: "There can be no doubt that the idea of reviving +the African Slave Trade is gaining ground in the South. Some two months +ago we could quote strong articles from ultra Southern journals against +the traffic; but of late we have been sorry to observe in the same +journals an ominous silence upon the subject, while the advocates of +'free trade in negroes' are earnest and active."[15] The Savannah +_Republican_, which at first declared the movement to be of no serious +intent, conceded, in 1859, that it was gaining favor, and that +nine-tenths of the Democratic Congressional Convention favored it, and +that even those who did not advocate a revival demanded the abolition of +the laws.[16] A correspondent from South Carolina writes, December 18, +1859: "The nefarious project of opening it [i.e., the slave trade] has +been started here in that prurient temper of the times which manifests +itself in disunion schemes.... My State is strangely and terribly +infected with all this sort of thing.... One feeling that gives a +countenance to the opening of the slave trade is, that it will be a sort +of spite to the North and defiance of their opinions."[17] The New +Orleans _Delta_ declared that those who voted for the slave-trade in +Congress were men "whose names will be honored hereafter for the +unflinching manner in which they stood up for principle, for truth, and +consistency, as well as the vital interests of the South."[18] + +85. ~The Question in Congress.~ Early in December, 1856, the subject +reached Congress; and although the agitation was then new, fifty-seven +Southern Congressmen refused to declare a re-opening of the slave-trade +"shocking to the moral sentiment of the enlightened portion of mankind," +and eight refused to call the reopening even "unwise" and +"inexpedient."[19] Three years later, January 31, 1859, it was +impossible, in a House of one hundred and ninety-nine members, to get a +two-thirds vote in order even to consider Kilgore's resolutions, which +declared "that no legislation can be too thorough in its measures, nor +can any penalty known to the catalogue of modern punishment for crime be +too severe against a traffic so inhuman and unchristian."[20] + +Congressmen and other prominent men hastened with the rising tide.[21] +Dowdell of Alabama declared the repressive acts "highly offensive;" J.B. +Clay of Kentucky was "opposed to all these laws;"[22] Seward of Georgia +declared them "wrong, and a violation of the Constitution;"[23] +Barksdale of Mississippi agreed with this sentiment; Crawford of Georgia +threatened a reopening of the trade; Miles of South Carolina was for +"sweeping away" all restrictions;[24] Keitt of South Carolina wished to +withdraw the African squadron, and to cease to brand slave-trading as +piracy;[25] Brown of Mississippi "would repeal the law instantly;"[26] +Alexander Stephens, in his farewell address to his constituents, said: +"Slave states cannot be made without Africans.... [My object is] to +bring clearly to your mind the great truth that without an increase of +African slaves from abroad, you may not expect or look for many more +slave States."[27] Jefferson Davis strongly denied "any coincidence of +opinion with those who prate of the inhumanity and sinfulness of the +trade. The interest of Mississippi," said he, "not of the African, +dictates my conclusion." He opposed the immediate reopening of the trade +in Mississippi for fear of a paralyzing influx of Negroes, but carefully +added: "This conclusion, in relation to Mississippi, is based upon my +view of her _present_ condition, _not_ upon any _general theory_. It is +not supposed to be applicable to Texas, to New Mexico, or to any _future +acquisitions_ to be made south of the Rio Grande."[28] John Forsyth, who +for seven years conducted the slave-trade diplomacy of the nation, +declared, about 1860: "But one stronghold of its [i.e., slavery's] +enemies remains to be carried, to _complete its triumph_ and assure its +welfare,--that is the existing prohibition of the African +Slave-trade."[29] Pollard, in his _Black Diamonds_, urged the +importation of Africans as "laborers." "This I grant you," said he, +"would be practically the re-opening of the African slave trade; but ... +you will find that it very often becomes necessary to evade the letter +of the law, in some of the greatest measures of social happiness and +patriotism."[30] + + +86. ~Southern Policy in 1860.~ The matter did not rest with mere words. +During the session of the Vicksburg Convention, an "African Labor Supply +Association" was formed, under the presidency of J.D.B. De Bow, editor +of _De Bow's Review_, and ex-superintendent of the seventh census. The +object of the association was "to promote the supply of African +labor."[31] In 1857 the committee of the South Carolina legislature to +whom the Governor's slave-trade message was referred made an elaborate +report, which declared in italics: _"The South at large does need a +re-opening of the African slave trade."_ Pettigrew, the only member who +disagreed to this report, failed of re-election. The report contained an +extensive argument to prove the kingship of cotton, the perfidy of +English philanthropy, and the lack of slaves in the South, which, it was +said, would show a deficit of six hundred thousand slaves by 1878.[32] +In Georgia, about this time, an attempt to expunge the slave-trade +prohibition in the State Constitution lacked but one vote of +passing.[33] From these slower and more legal movements came others +less justifiable. The long argument on the "apprentice" system finally +brought a request to the collector of the port at Charleston, South +Carolina, from E. Lafitte & Co., for a clearance to Africa for the +purpose of importing African "emigrants." The collector appealed to the +Secretary of the Treasury, Howell Cobb of Georgia, who flatly refused to +take the bait, and replied that if the "emigrants" were brought in as +slaves, it would be contrary to United States law; if as freemen, it +would be contrary to their own State law.[34] In Louisiana a still more +radical movement was attempted, and a bill passed the House of +Representatives authorizing a company to import two thousand five +hundred Africans, "indentured" for fifteen years "at least." The bill +lacked but two votes of passing the Senate.[35] It was said that the +_Georgian_, of Savannah, contained a notice of an agricultural society +which "unanimously resolved to offer a premium of $25 for the best +specimen of a live African imported into the United States within the +last twelve months."[36] + +It would not be true to say that there was in the South in 1860 +substantial unanimity on the subject of reopening the slave-trade; +nevertheless, there certainly was a large and influential minority, +including perhaps a majority of citizens of the Gulf States, who favored +the project, and, in defiance of law and morals, aided and abetted its +actual realization. Various movements, it must be remembered, gained +much of their strength from the fact that their success meant a partial +nullification of the slave-trade laws. The admission of Texas added +probably seventy-five thousand recently imported slaves to the Southern +stock; the movement against Cuba, which culminated in the "Ostend +Manifesto" of Buchanan, Mason, and Soule, had its chief impetus in the +thousands of slaves whom Americans had poured into the island. Finally, +the series of filibustering expeditions against Cuba, Mexico, and +Central America were but the wilder and more irresponsible attempts to +secure both slave territory and slaves. + + +87. ~Increase of the Slave-Trade from 1850 to 1860.~ The long and open +agitation for the reopening of the slave-trade, together with the fact +that the South had been more or less familiar with violations of the +laws since 1808, led to such a remarkable increase of illicit traffic +and actual importations in the decade 1850-1860, that the movement may +almost be termed a reopening of the slave-trade. + +In the foreign slave-trade our own officers continue to report "how +shamefully our flag has been used;"[37] and British officers write "that +at least one half of the successful part of the slave trade is carried +on under the American flag," and this because "the number of American +cruisers on the station is so small, in proportion to the immense extent +of the slave-dealing coast."[38] The fitting out of slavers became a +flourishing business in the United States, and centred at New York City. +"Few of our readers," writes a periodical of the day, "are aware of the +extent to which this infernal traffic is carried on, by vessels clearing +from New York, and in close alliance with our legitimate trade; and that +down-town merchants of wealth and respectability are extensively engaged +in buying and selling African Negroes, and have been, with comparatively +little interruption, for an indefinite number of years."[39] Another +periodical says: "The number of persons engaged in the slave-trade, and +the amount of capital embarked in it, exceed our powers of calculation. +The city of New York has been until of late [1862] the principal port of +the world for this infamous commerce; although the cities of Portland +and Boston are only second to her in that distinction. Slave dealers +added largely to the wealth of our commercial metropolis; they +contributed liberally to the treasuries of political organizations, and +their bank accounts were largely depleted to carry elections in New +Jersey, Pennsylvania, and Connecticut."[40] During eighteen months of +the years 1859-1860 eighty-five slavers are reported to have been +fitted out in New York harbor,[41] and these alone transported from +30,000 to 60,000 slaves annually.[42] The United States deputy marshal +of that district declared in 1856 that the business of fitting out +slavers "was never prosecuted with greater energy than at present. The +occasional interposition of the legal authorities exercises no apparent +influence for its suppression. It is seldom that one or more vessels +cannot be designated at the wharves, respecting which there is evidence +that she is either in or has been concerned in the Traffic."[43] On the +coast of Africa "it is a well-known fact that most of the Slave ships +which visit the river are sent from New York and New Orleans."[44] + +The absence of United States war-ships at the Brazilian station enabled +American smugglers to run in cargoes, in spite of the prohibitory law. +One cargo of five hundred slaves was landed in 1852, and the _Correio +Mercantil_ regrets "that it was the flag of the United States which +covered this act of piracy, sustained by citizens of that great +nation."[45] When the Brazil trade declined, the illicit Cuban trade +greatly increased, and the British consul reported: "Almost all the +slave expeditions for some time past have been fitted out in the United +States, chiefly at New York."[46] + +88. ~Notorious Infractions of the Laws.~ This decade is especially +noteworthy for the great increase of illegal importations into the +South. These became bold, frequent, and notorious. Systematic +introduction on a considerable scale probably commenced in the forties, +although with great secrecy. "To have boldly ventured into New Orleans, +with negroes freshly imported from Africa, would not only have brought +down upon the head of the importer the vengeance of our very +philanthropic Uncle Sam, but also the anathemas of the whole sect of +philanthropists and negrophilists everywhere. To import them for years, +however, into quiet places, evading with impunity the penalty of the +law, and the ranting of the thin-skinned sympathizers with Africa, was +gradually to popularize the traffic by creating a demand for laborers, +and thus to pave the way for the _gradual revival of the slave trade_. +To this end, a few men, bold and energetic, determined, ten or twelve +years ago [1848 or 1850], to commence the business of importing negroes, +slowly at first, but surely; and for this purpose they selected a few +secluded places on the coast of Florida, Georgia and Texas, for the +purpose of concealing their stock until it could be sold out. Without +specifying other places, let me draw your attention to a deep and abrupt +pocket or indentation in the coast of Texas, about thirty miles from +Brazos Santiago. Into this pocket a slaver could run at any hour of the +night, because there was no hindrance at the entrance, and here she +could discharge her cargo of movables upon the projecting bluff, and +again proceed to sea inside of three hours. The live stock thus landed +could be marched a short distance across the main island, over a porous +soil which refuses to retain the recent foot-prints, until they were +again placed in boats, and were concealed upon some of the innumerable +little islands which thicken on the waters of the Laguna in the rear. +These islands, being covered with a thick growth of bushes and grass, +offer an inscrutable hiding place for the 'black diamonds.'"[47] These +methods became, however, toward 1860, too slow for the radicals, and the +trade grew more defiant and open. The yacht "Wanderer," arrested on +suspicion in New York and released, landed in Georgia six months later +four hundred and twenty slaves, who were never recovered.[48] The +Augusta _Despatch_ says: "Citizens of our city are probably interested +in the enterprise. It is hinted that this is the third cargo landed by +the same company, during the last six months."[49] Two parties of +Africans were brought into Mobile with impunity. One bark, strongly +suspected of having landed a cargo of slaves, was seized on the Florida +coast; another vessel was reported to be landing slaves near Mobile; a +letter from Jacksonville, Florida, stated that a bark had left there for +Africa to ship a cargo for Florida and Georgia.[50] Stephen A. Douglas +said "that there was not the shadow of doubt that the Slave-trade had +been carried on quite extensively for a long time back, and that there +had been more Slaves imported into the southern States, during the last +year, than had ever been imported before in any one year, even when the +Slave-trade was legal. It was his confident belief, that over fifteen +thousand Slaves had been brought into this country during the past year +[1859.] He had seen, with his own eyes, three hundred of those +recently-imported, miserable beings, in a Slave-pen in Vicksburg, Miss., +and also large numbers at Memphis, Tenn."[51] It was currently reported +that depots for these slaves existed in over twenty large cities and +towns in the South, and an interested person boasted to a senator, about +1860, that "twelve vessels would discharge their living freight upon our +shores within ninety days from the 1st of June last," and that between +sixty and seventy cargoes had been successfully introduced in the last +eighteen months.[52] The New York _Tribune_ doubted the statement; but +John C. Underwood, formerly of Virginia, wrote to the paper saying that +he was satisfied that the correspondent was correct. "I have," he said, +"had ample evidences of the fact, that reopening the African Slave-trade +is a thing already accomplished, and the traffic is brisk, and rapidly +increasing. In fact, the most vital question of the day is not the +opening of this trade, but its suppression. The arrival of cargoes of +negroes, fresh from Africa, in our southern ports, is an event of +frequent occurrence."[53] + +Negroes, newly landed, were openly advertised for sale in the public +press, and bids for additional importations made. In reply to one of +these, the Mobile _Mercury_ facetiously remarks: "Some negroes who never +learned to talk English, went up the railroad the other day."[54] +Congressmen declared on the floor of the House: "The slave trade may +therefore be regarded as practically re-established;"[55] and petitions +like that from the American Missionary Society recited the fact that +"this piratical and illegal trade--this inhuman invasion of the rights +of men,--this outrage on civilization and Christianity--this violation +of the laws of God and man--is openly countenanced and encouraged by a +portion of the citizens of some of the States of this Union."[56] + +From such evidence it seems clear that the slave-trade laws, in spite of +the efforts of the government, in spite even of much opposition to these +extra-legal methods in the South itself, were grossly violated, if not +nearly nullified, in the latter part of the decade 1850-1860. + + +89. ~Apathy of the Federal Government.~ During the decade there was some +attempt at reactionary legislation, chiefly directed at the Treaty of +Washington. June 13, 1854, Slidell, from the Committee on Foreign +Relations, made an elaborate report to the Senate, advocating the +abrogation of the 8th Article of that treaty, on the ground that it was +costly, fatal to the health of the sailors, and useless, as the trade +had actually increased under its operation.[57] Both this and a similar +attempt in the House failed,[58] as did also an attempt to substitute +life imprisonment for the death penalty.[59] Most of the actual +legislation naturally took the form of appropriations. In 1853 there was +an attempt to appropriate $20,000.[60] This failed, and the +appropriation of $8,000 in 1856 was the first for ten years.[61] The +following year brought a similar appropriation,[62] and in 1859[63] and +1860[64] $75,000 and $40,000 respectively were appropriated. Of +attempted legislation to strengthen the laws there was plenty: e.g., +propositions to regulate the issue of sea-letters and the use of our +flag;[65] to prevent the "coolie" trade, or the bringing in of +"apprentices" or "African laborers;"[66] to stop the coastwise +trade;[67] to assent to a Right of Search;[68] and to amend the +Constitution by forever prohibiting the slave-trade.[69] + +The efforts of the executive during this period were criminally lax and +negligent. "The General Government did not exert itself in good faith to +carry out either its treaty stipulations or the legislation of Congress +in regard to the matter. If a vessel was captured, her owners were +permitted to bond her, and thus continue her in the trade; and if any +man was convicted of this form of piracy, the executive always +interposed between him and the penalty of his crime. The laws providing +for the seizure of vessels engaged in the traffic were so constructed as +to render the duty unremunerative; and marshals now find their fees for +such services to be actually less than their necessary expenses. No one +who bears this fact in mind will be surprised at the great indifference +of these officers to the continuing of the slave-trade; in fact, he will +be ready to learn that the laws of Congress upon the subject had become +a dead letter, and that the suspicion was well grounded that certain +officers of the Federal Government had actually connived at their +violation."[70] From 1845 to 1854, in spite of the well-known activity +of the trade, but five cases obtained cognizance in the New York +district. Of these, Captains Mansfield and Driscoll forfeited their +bonds of $5,000 each, and escaped; in the case of the notorious Canot, +nothing had been done as late as 1856, although he was arrested in 1847; +Captain Jefferson turned State's evidence, and, in the case of Captain +Mathew, a _nolle prosequi_ was entered.[71] Between 1854 and 1856 +thirty-two persons were indicted in New York, of whom only thirteen had +at the latter date been tried, and only one of these convicted.[72] +These dismissals were seldom on account of insufficient evidence. In the +notorious case of the "Wanderer," she was arrested on suspicion, +released, and soon after she landed a cargo of slaves in Georgia; some +who attempted to seize the Negroes were arrested for larceny, and in +spite of the efforts of Congress the captain was never punished. The +yacht was afterwards started on another voyage, and being brought back +to Boston was sold to her former owner for about one third her +value.[73] The bark "Emily" was seized on suspicion and released, and +finally caught red-handed on the coast of Africa; she was sent to New +York for trial, but "disappeared" under a certain slave captain, +Townsend, who had, previous to this, in the face of the most convincing +evidence, been acquitted at Key West.[74] + +The squadron commanders of this time were by no means as efficient as +their predecessors, and spent much of their time, apparently, in +discussing the Right of Search. Instead of a number of small light +vessels, which by the reports of experts were repeatedly shown to be the +only efficient craft, the government, until 1859, persisted in sending +out three or four great frigates. Even these did not attend faithfully +to their duties. A letter from on board one of them shows that, out of a +fifteen months' alleged service, only twenty-two days were spent on the +usual cruising-ground for slavers, and thirteen of these at anchor; +eleven months were spent at Madeira and Cape Verde Islands, 300 miles +from the coast and 3,000 miles from the slave market.[75] British +commanders report the apathy of American officers and the extreme +caution of their instructions, which allowed many slavers to escape.[76] + +The officials at Washington often remained in blissful, and perhaps +willing, ignorance of the state of the trade. While Americans were +smuggling slaves by the thousands into Brazil, and by the hundreds into +the United States, Secretary Graham was recommending the abrogation of +the 8th Article of the Treaty of Washington;[77] so, too, when the Cuban +slave-trade was reaching unprecedented activity, and while slavers were +being fitted out in every port on the Atlantic seaboard, Secretary +Kennedy naively reports, "The time has come, perhaps, when it may be +properly commended to the notice of Congress to inquire into the +necessity of further continuing the regular employment of a squadron on +this [i.e., the African] coast."[78] Again, in 1855, the government has +"advices that the slave trade south of the equator is entirely broken +up;"[79] in 1856, the reports are "favorable;"[80] in 1857 a British +commander writes: "No vessel has been seen here for one year, certainly; +I think for nearly three years there have been no American cruizers on +these waters, where a valuable and extensive American commerce is +carried on. I cannot, therefore, but think that this continued absence +of foreign cruizers looks as if they were intentionally withdrawn, and +as if the Government did not care to take measures to prevent the +American flag being used to cover Slave Trade transactions;"[81] +nevertheless, in this same year, according to Secretary Toucey, "the +force on the coast of Africa has fully accomplished its main +object."[82] Finally, in the same month in which the "Wanderer" and her +mates were openly landing cargoes in the South, President Buchanan, who +seems to have been utterly devoid of a sense of humor, was urging the +annexation of Cuba to the United States as the only method of +suppressing the slave-trade![83] + +About 1859 the frequent and notorious violations of our laws aroused +even the Buchanan government; a larger appropriation was obtained, swift +light steamers were employed, and, though we may well doubt whether +after such a carnival illegal importations "entirely" ceased, as the +President informed Congress,[84] yet some sincere efforts at suppression +were certainly begun. From 1850 to 1859 we have few notices of captured +slavers, but in 1860 the increased appropriation of the thirty-fifth +Congress resulted in the capture of twelve vessels with 3,119 +Africans.[85] The Act of June 16, 1860, enabled the President to +contract with the Colonization Society for the return of recaptured +Africans; and by a long-needed arrangement cruisers were to proceed +direct to Africa with such cargoes, instead of first landing them in +this country.[86] + + +90. ~Attitude of the Southern Confederacy.~ The attempt, initiated by +the constitutional fathers, to separate the problem of slavery from that +of the slave-trade had, after a trial of half a century, signally +failed, and for well-defined economic reasons. The nation had at last +come to the parting of the ways, one of which led to a free-labor +system, the other to a slave system fed by the slave-trade. Both +sections of the country naturally hesitated at the cross-roads: the +North clung to the delusion that a territorially limited system of +slavery, without a slave-trade, was still possible in the South; the +South hesitated to fight for her logical object--slavery and free trade +in Negroes--and, in her moral and economic dilemma, sought to make +autonomy and the Constitution her object. The real line of contention +was, however, fixed by years of development, and was unalterable by the +present whims or wishes of the contestants, no matter how important or +interesting these might be: the triumph of the North meant free labor; +the triumph of the South meant slavery and the slave-trade. + +It is doubtful if many of the Southern leaders ever deceived themselves +by thinking that Southern slavery, as it then was, could long be +maintained without a general or a partial reopening of the slave-trade. +Many had openly declared this a few years before, and there was no +reason for a change of opinion. Nevertheless, at the outbreak of actual +war and secession, there were powerful and decisive reasons for +relegating the question temporarily to the rear. In the first place, +only by this means could the adherence of important Border States be +secured, without the aid of which secession was folly. Secondly, while +it did no harm to laud the independence of the South and the kingship of +cotton in "stump" speeches and conventions, yet, when it came to actual +hostilities, the South sorely needed the aid of Europe; and this a +nation fighting for slavery and the slave-trade stood poor chance of +getting. Consequently, after attacking the slave-trade laws for a +decade, and their execution for a quarter-century, we find the Southern +leaders inserting, in both the provisional and the permanent +Constitutions of the Confederate States, the following article:-- + + The importation of negroes of the African race, from any foreign + country other than the slaveholding States or Territories of the + United States of America, is hereby forbidden; and Congress is + required to pass such laws as shall effectually prevent the + same. + + Congress shall also have power to prohibit the introduction of + slaves from any State not a member of, or Territory not + belonging to, this Confederacy.[87] + +The attitude of the Confederate government toward this article is best +illustrated by its circular of instructions to its foreign ministers:-- + + It has been suggested to this Government, from a source of + unquestioned authenticity, that, after the recognition of our + independence by the European Powers, an expectation is generally + entertained by them that in our treaties of amity and commerce a + clause will be introduced making stipulations against the + African slave trade. It is even thought that neutral Powers may + be inclined to insist upon the insertion of such a clause as a + _sine qua non_. + + You are well aware how firmly fixed in our Constitution is the + policy of this Confederacy against the opening of that trade, + but we are informed that false and insidious suggestions have + been made by the agents of the United States at European Courts + of our intention to change our constitution as soon as peace is + restored, and of authorizing the importation of slaves from + Africa. If, therefore, you should find, in your intercourse with + the Cabinet to which you are accredited, that any such + impressions are entertained, you will use every proper effort to + remove them, and if an attempt is made to introduce into any + treaty which you may be charged with negotiating stipulations on + the subject just mentioned, you will assume, in behalf of your + Government, the position which, under the direction of the + President, I now proceed to develop. + + The Constitution of the Confederate States is an agreement made + between independent States. By its terms all the powers of + Government are separated into classes as follows, viz.:-- + + 1st. Such powers as the States delegate to the General + Government. + + 2d. Such powers as the States agree to refrain from exercising, + although they do not delegate them to the General Government. + + 3d. Such powers as the States, without delegating them to the + General Government, thought proper to exercise by direct + agreement between themselves contained in the Constitution. + + 4th. All remaining powers of sovereignty, which not being + delegated to the Confederate States by the Constitution nor + prohibited by it to the States, are reserved to the States + respectively, or to the people thereof.... Especially in + relation to the importation of African negroes was it deemed + important by the States that no power to permit it should exist + in the Confederate Government.... It will thus be seen that no + power is delegated to the Confederate Government over this + subject, but that it is included in the third class above + referred to, of powers exercised directly by the States.... This + Government unequivocally and absolutely denies its possession of + any power whatever over the subject, and cannot entertain any + proposition in relation to it.... The policy of the Confederacy + is as fixed and immutable on this subject as the imperfection of + human nature permits human resolve to be. No additional + agreements, treaties, or stipulations can commit these States to + the prohibition of the African slave trade with more binding + efficacy than those they have themselves devised. A just and + generous confidence in their good faith on this subject + exhibited by friendly Powers will be far more efficacious than + persistent efforts to induce this Government to assume the + exercise of powers which it does not possess.... We trust, + therefore, that no unnecessary discussions on this matter will + be introduced into your negotiations. If, unfortunately, this + reliance should prove ill-founded, you will decline continuing + negotiations on your side, and transfer them to us at + home....[88] + +This attitude of the conservative leaders of the South, if it meant +anything, meant that individual State action could, when it pleased, +reopen the slave-trade. The radicals were, of course, not satisfied with +any veiling of the ulterior purpose of the new slave republic, and +attacked the constitutional provision violently. "If," said one, "the +clause be carried into the permanent government, our whole movement is +defeated. It will abolitionize the Border Slave States--it will brand +our institution. Slavery cannot share a government with Democracy,--it +cannot bear a brand upon it; thence another revolution ... having +achieved one revolution to escape democracy at the North, it must still +achieve another to escape it at the South. That it will ultimately +triumph none can doubt."[89] + +91. ~Attitude of the United States.~ In the North, with all the +hesitation in many matters, there existed unanimity in regard to the +slave-trade; and the new Lincoln government ushered in the new policy of +uncompromising suppression by hanging the first American slave-trader +who ever suffered the extreme penalty of the law.[90] One of the +earliest acts of President Lincoln was a step which had been necessary +since 1808, but had never been taken, viz., the unification of the whole +work of suppression into the hands of one responsible department. By an +order, dated May 2, 1861, Caleb B. Smith, Secretary of the Interior, was +charged with the execution of the slave-trade laws,[91] and he +immediately began energetic work. Early in 1861, as soon as the +withdrawal of the Southern members untied the hands of Congress, two +appropriations of $900,000 each were made to suppress the slave trade, +the first appropriations commensurate with the vastness of the task. +These were followed by four appropriations of $17,000 each in the years +1863 to 1867, and two of $12,500 each in 1868 and 1869.[92] The first +work of the new secretary was to obtain a corps of efficient assistants. +To this end, he assembled all the marshals of the loyal seaboard States +at New York, and gave them instruction and opportunity to inspect +actual slavers. Congress also, for the first time, offered them proper +compensation.[93] The next six months showed the effect of this policy +in the fact that five vessels were seized and condemned, and four +slave-traders were convicted and suffered the penalty of their crimes. +"This is probably the largest number [of convictions] ever obtained, and +certainly the only ones for many years."[94] + +Meantime the government opened negotiations with Great Britain, and the +treaty of 1862 was signed June 7, and carried out by Act of Congress, +July 11.[95] Specially commissioned war vessels of either government +were by this agreement authorized to search merchant vessels on the high +seas and specified coasts, and if they were found to be slavers, or, on +account of their construction or equipment, were suspected to be such, +they were to be sent for condemnation to one of the mixed courts +established at New York, Sierra Leone, and the Cape of Good Hope. These +courts, consisting of one judge and one arbitrator on the part of each +government, were to judge the facts without appeal, and upon +condemnation by them, the culprits were to be punished according to the +laws of their respective countries. The area in which this Right of +Search could be exercised was somewhat enlarged by an additional article +to the treaty, signed in 1863. In 1870 the mixed courts were abolished, +but the main part of the treaty was left in force. The Act of July 17, +1862, enabled the President to contract with foreign governments for the +apprenticing of recaptured Africans in the West Indies,[96] and in 1864 +the coastwise slave-trade was forever prohibited.[97] By these measures +the trade was soon checked, and before the end of the war entirely +suppressed.[98] The vigilance of the government, however, was not +checked, and as late as 1866 a squadron of ten ships, with one hundred +and thirteen guns, patrolled the slave coast.[99] Finally, the +Thirteenth Amendment legally confirmed what the war had already +accomplished, and slavery and the slave-trade fell at one blow.[100] + + +FOOTNOTES: + + [1] _British and Foreign State Papers_, 1854-5, p. 1156. + + [2] Cluskey, _Political Text-Book_ (14th ed.), p. 585. + + [3] _De Bow's Review_, XXII. 223; quoted from Andrew Hunter of + Virginia. + + [4] _Ibid._, XVIII. 628. + + [5] _Ibid._, XXII. 91, 102, 217, 221-2. + + [6] From a pamphlet entitled "A New Southern Policy, or the + Slave Trade as meaning Union and Conservatism;" quoted in + Etheridge's speech, Feb. 21, 1857: _Congressional Globe_, 34 + Cong. 3 sess., Appendix, p. 366. + + [7] _De Bow's Review_, XXIII. 298-320. A motion to table the + motion on the 8th article was supported only by Kentucky, + Tennessee, North Carolina, and Maryland. Those voting for + Sneed's motion were Georgia, Maryland, North Carolina, and + Tennessee. The appointment of a slave-trade committee was at + first defeated by a vote of 48 to 44. Finally a similar motion + was passed, 52 to 40. + + [8] _De Bow's Review_, XXIV. 473-491, 579-605. The Louisiana + delegation alone did not vote for the last resolution, the + vote of her delegation being evenly divided. + + [9] _De Bow's Review_, XXVII. 94-235. + + [10] H.S. Foote, in _Bench and Bar of the South and + Southwest_, p. 69. + + [11] _De Bow's Review_, XXVII. 115. + + [12] _Ibid._, p. 99. The vote was:-- + + _Yea._ _Nay._ + Alabama, 5 votes. Tennessee, 12 votes. + Arkansas, 4 " Florida, 3 " + South Carolina, 4 " South Carolina, 4 " + Louisiana, 6 " Total 19 + Texas, 4 " + Georgia, 10 " Virginia, Maryland, Kentucky, and + Mississippi, 7 " North Carolina did not vote; they either + Total 40 withdrew or were not represented. + + + + [13] Quoted in _26th Report of the Amer. Anti-slav. Soc._, p. + 38. The official organ was the _True Southron_. + + [14] Quoted in _24th Report of the Amer. Anti-slav. Soc._, p. + 54. + + [15] Quoted in _26th Report_, _Ibid._, p. 43. + + [16] _27th Report_, _Ibid._, pp. 19-20. + + [17] Letter of W.C. Preston, in the _National Intelligencer_, + April 3, 1863. Also published in the pamphlet, _The African + Slave Trade: The Secret Purpose_, etc., p. 26. + + [18] Quoted in Etheridge's speech: _Congressional Globe_, 34 + Cong. 3 sess. Appen., p. 366. + + [19] _House Journal_, 34 Cong. 3 sess. pp. 105-10; + _Congressional Globe_, 34 Cong. 3 sess. pp. 123-6; Cluskey, + _Political Text-Book_ (14th ed.), p. 589. + + [20] _House Journal_, 35 Cong. 2 sess. pp. 298-9. Cf. _26th + Report of the Amer. Anti-slav. Soc._, p. 45. + + [21] Cf. _Reports of the Amer. Anti-slav. Soc._, especially + the 26th, pp. 43-4. + + [22] _Ibid._, p. 43. He referred especially to the Treaty of + 1842. + + [23] _Ibid._; _Congressional Globe_, 35 Cong. 2 sess., Appen., + pp. 248-50. + + [24] _26th Report of the Amer. Anti-slav. Soc._, p. 44. + + [25] _Ibid._; _27th Report_, pp. 13-4. + + [26] _26th Report_, _Ibid._, p. 44. + + [27] Quoted in Lalor, _Cyclopaedia_, III. 733; Cairnes, _The + Slave Power_ (New York, 1862), p. 123, note; _27th Report of + the Amer. Anti-slav. Soc._, p. 15. + + [28] Quoted in Cairnes, _The Slave Power_, p. 123, note; _27th + Report of the Amer. Anti-slav. Soc._, p. 19. + + [29] _27th Report_, _Ibid._, p. 16; quoted from the Mobile + _Register_. + + [30] Edition of 1859, pp. 63-4. + + [31] _De Bow's Review_, XXVII. 121, 231-5. + + [32] _Report of the Special Committee_, etc. (1857), pp. 24-5. + + [33] _26th Report of the Amer. Anti-slav. Soc._, p. 40. The + vote was 47 to 46. + + [34] _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7, pp. + 632-6. For the State law, cf. above, Chapter II. This refusal + of Cobb's was sharply criticised by many Southern papers. Cf. + _26th Report of the Amer. Anti-slav. Soc._, p. 39. + + [35] New York _Independent_, March 11 and April 1, 1858. + + [36] _26th Report of the Amer. Anti-slav. Soc._, p. 41. + + [37] Gregory to the Secretary of the Navy, June 8, 1850: + _Senate Exec. Doc._, 31 Cong. 1 sess. XIV. No. 66, p. 2. Cf. + _Ibid._, 31 Cong. 2 sess. II. No. 6. + + [38] Cumming to Commodore Fanshawe, Feb. 22, 1850: _Senate + Exec. Doc._, 31 Cong. 1 sess. XIV. No. 66, p. 8. + + [39] New York _Journal of Commerce_, 1857; quoted in _24th + Report of the Amer. Anti-slav. Soc._, p. 56. + + [40] "The Slave-Trade in New York," in the _Continental + Monthly_, January, 1862, p. 87. + + [41] New York _Evening Post_; quoted in Lalor, _Cyclopaedia_, + III. 733. + + [42] Lalor, _Cyclopaedia_, III. 733; quoted from a New York + paper. + + [43] _Friends' Appeal on behalf of the Coloured Races_ (1858), + Appendix, p. 41; quoted from the _Journal of Commerce_. + + [44] _26th Report of the Amer. Anti-slav. Soc._, pp. 53-4; + quoted from the African correspondent of the Boston _Journal_. + From April, 1857, to May, 1858, twenty-one of twenty-two + slavers which were seized by British cruisers proved to be + American, from New York, Boston, and New Orleans. Cf. _25th + Report_, _Ibid._, p. 122. De Bow estimated in 1856 that forty + slavers cleared annually from Eastern harbors, clearing yearly + $17,000,000: _De Bow's Review_, XXII. 430-1. + + [45] _Senate Exec. Doc._, 33 Cong. 1 sess. VIII. No. 47, p. + 13. + + [46] _House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105, p. 38. + + [47] New York _Herald_, Aug. 5, 1860; quoted in Drake, + _Revelations of a Slave Smuggler_, Introd., pp. vii.-viii. + + [48] _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 89. Cf. + _26th Report of the Amer. Anti-slav. Soc._, pp. 45-9. + + [49] Quoted in _26th Report of the Amer. Anti-slav. Soc._, p. + 46. + + [50] For all the above cases, cf. _Ibid._, p. 49. + + [51] Quoted in _27th Report_, _Ibid._, p. 20. Cf. _Report of + the Secretary of the Navy_, 1859; _Senate Exec. Doc._, 36 + Cong. 1 sess. III. No. 2. + + [52] _27th Report of the Amer. Anti-slav. Soc._, p. 21. + + [53] Quoted in _Ibid._ + + [54] Issue of July 22, 1860; quoted in Drake, _Revelations of + a Slave Smuggler_, Introd., p. vi. The advertisement referred + to was addressed to the "Ship-owners and Masters of our + Mercantile Marine," and appeared in the Enterprise (Miss.) + _Weekly News_, April 14, 1859. William S. Price and seventeen + others state that they will "pay three hundred dollars per + head for one thousand native Africans, between the ages of + fourteen and twenty years, (of sexes equal,) likely, sound, + and healthy, to be delivered within twelve months from this + date, at some point accessible by land, between Pensacola, + Fla., and Galveston, Texas; the contractors giving thirty + days' notice as to time and place of delivery": Quoted in + _26th Report of the Amer. Anti-slav. Soc._, pp. 41-2. + + [55] _Congressional Globe_, 35 Cong. 1 sess. p. 1362. Cf. the + speech of a delegate from Georgia to the Democratic Convention + at Charleston, 1860: "If any of you northern democrats will go + home with me to my plantation, I will show you some darkies + that I bought in Virginia, some in Delaware, some in Florida, + and I will also show you the pure African, the noblest Roman + of them all. I represent the African slave trade interest of + my section:" Lalor, _Cyclopaedia_, III. 733. + + [56] _Senate Misc. Doc._, 36 Cong. 1 sess. No. 8. + + [57] _Senate Journal_, 34 Cong. 1-2 sess. pp. 396, 695-8; + _Senate Reports_, 34 Cong. 1 sess. I. No. 195. + + [58] _House Journal_, 31 Cong. 2 sess. p. 64. There was still + another attempt by Sandidge. Cf. _26th Report of the Amer. + Anti-Slav. Soc._, p. 44. + + [59] _Senate Journal_, 36 Cong. 1 sess. p. 274; _Congressional + Globe_, 36 Cong. 1 sess. p. 1245. + + [60] Congressional Globe, 32 Cong. 2 sess. p. 1072. + + [61] I.e., since 1846: _Statutes at Large_, XI. 90. + + [62] _Ibid._, XI. 227. + + [63] _Ibid._, XI. 404. + + [64] _Ibid._, XII. 21. + + [65] E.g., Clay's resolutions: _Congressional Globe_, 31 Cong. + 2 sess. pp. 304-9. Clayton's resolutions: _Senate Journal_, 33 + Cong. 1 sess. p. 404; _House Journal_, 33 Cong. 1 sess. pp. + 1093, 1332-3; _Congressional Globe_, 33 Cong. 1 sess. pp. + 1591-3, 2139. Seward's bill: _Senate Journal_, 33 Cong. 1 + sess. pp. 448, 451. + + [66] Mr. Blair of Missouri asked unanimous consent in + Congress, Dec. 23, 1858, to a resolution instructing the + Judiciary Committee to bring in such a bill; Houston of + Alabama objected: _Congressional Globe_, 35 Cong. 2 sess. p. + 198; _26th Report of the Amer. Anti-slav. Soc._, p. 44. + + [67] This was the object of attack in 1851 and 1853 by + Giddings: _House Journal_, 32 Cong. 1 sess. p. 42; 33 Cong. 1 + sess. p. 147. Cf. _House Journal_, 38 Cong. 1 sess. p. 46. + + [68] By Mr. Wilson, March 20, 1860: _Senate Journal_, 36 Cong. + 1 sess. p. 274. + + [69] Four or five such attempts were made: Dec. 12, 1860, + _House Journal_, 36 Cong. 2 sess. pp. 61-2; Jan. 7, 1861, + _Congressional Globe_, 36 Cong. 2 sess. p. 279; Jan. 23, 1861, + _Ibid._, p. 527; Feb. 1, 1861, _Ibid._, p. 690; Feb. 27, 1861, + _Ibid._, pp. 1243, 1259. + + [70] "The Slave-Trade in New York," in the _Continental + Monthly_, January, 1862, p. 87. + + [71] New York _Herald_, July 14, 1856. + + [72] _Ibid._ Cf. _Senate Exec. Doc._, 37 Cong. 2 sess. V. No. + 53. + + [73] _27th Report of the Amer. Anti-slav. Soc._, pp. 25-6. Cf. + _26th Report_, _Ibid._, pp. 45-9. + + [74] _27th Report_, _Ibid._, pp. 26-7. + + [75] _26th Report_, _Ibid._, p. 54. + + [76] _British and Foreign State Papers_, 1859-60, pp. 899, + 973. + + [77] Nov. 29, 1851: _House Exec. Doc._, 32 Cong. 1 sess. II. + pt. 2, No. 2, p. 4. + + [78] Dec. 4, 1852: _House Exec. Doc._, 32 Cong. 2 sess. I. pt. + 2, No. 1, p. 293. + + [79] _Ibid._, 34 Cong. 1 sess. I. pt. 3, No. 1, p. 5. + + [80] _Ibid._, 34 Cong. 3 sess. I. pt. 2, No. 1, p. 407. + + [81] Commander Burgess to Commodore Wise, Whydah, Aug. 12, + 1857: _Parliamentary Papers_, 1857-8, vol. LXI. _Slave Trade_, + Class A, p. 136. + + [82] _House Exec. Doc._, 35 Cong. 1 sess. II. pt. 3, No. 2, p. + 576. + + [83] _Ibid._, 35 Cong. 2 sess. II. pt. 1, No. 2, pp. 14-15, + 31-33. + + [84] _Senate Exec. Doc._, 36 Cong. 2 sess. I. No. 1, p. 24. + The Report of the Secretary of the Navy, 1859, contains this + ambiguous passage: "What the effect of breaking up the trade + will be upon the United States or Cuba it is not necessary to + inquire; certainly, under the laws of Congress and our treaty + obligations, it is the duty of the executive government to see + that our citizens shall not be engaged in it": _Ibid._, 36 + Cong. 1 sess. III. No. 2, pp. 1138-9. + + [85] _Senate Exec. Doc._, 36 Cong. 2 sess. III. pt. 1, No. 1, + pp. 8-9. + + [86] _Statutes at Large_, XII. 40. + + [87] _Confederate States of America Statutes at Large_, 1861, + p. 15, Constitution, Art. 1, sect. 9, Sec.Sec. 1, 2. + + [88] From an intercepted circular despatch from J.P. Benjamin, + "Secretary of State," addressed in this particular instance to + Hon. L.Q.C. Lamar, "Commissioner, etc., St. Petersburg, + Russia," and dated Richmond, Jan. 15, 1863; published in the + _National Intelligencer_, March 31, 1863; cf. also the issues + of Feb. 19, 1861, April 2, 3, 25, 1863; also published in the + pamphlet, _The African Slave-Trade: The Secret Purpose_, etc. + The editors vouch for its authenticity, and state it to be in + Benjamin's own handwriting. + + [89] L.W. Spratt of South Carolina, in the _Southern Literary + Messenger_, June, 1861, XXXII. 414, 420. Cf. also the + Charleston _Mercury_, Feb. 13, 1861, and the _National + Intelligencer_, Feb. 19, 1861. + + [90] Captain Gordon of the slaver "Erie;" condemned in the + U.S. District Court for Southern New York in 1862. Cf. _Senate + Exec. Doc._, 37 Cong. 2 sess. I. No. 1, p. 13. + + [91] _Ibid._, pp. 453-4. + + [92] _Statutes at Large_, XII. 132, 219, 639; XIII. 424; XIV. + 226, 415; XV. 58, 321. The sum of $250,000 was also + appropriated to return the slaves on the "Wildfire": _Ibid._, + XII. 40-41. + + [93] _Statutes at Large_, XII. 368-9. + + [94] _Senate Exec. Doc._, 37 Cong. 2 sess. I. No. 1, pp. + 453-4. + + [95] _Statutes at Large_, XII. 531. + + [96] For a time not exceeding five years: _Ibid._, pp. 592-3. + + [97] By section 9 of an appropriation act for civil expenses, + July 2, 1864: _Ibid._, XIII. 353. + + [98] British officers attested this: _Diplomatic + Correspondence_, 1862, p. 285. + + [99] _Report of the Secretary of the Navy_, 1866; _House Exec. + Doc._, 39 Cong. 2 sess. IV. p. 12. + +[100] There were some later attempts to legislate. Sumner + tried to repeal the Act of 1803: _Congressional Globe_, 41 + Cong. 2 sess. pp. 2894, 2932, 4953, 5594. Banks introduced a + bill to prohibit Americans owning or dealing in slaves abroad: + _House Journal_, 42 Cong. 2 sess. p. 48. For the legislation + of the Confederate States, cf. Mason, _Veto Power_, 2d ed., + Appendix C, No. 1. + + * * * * * + + + + +_Chapter XII_ + +THE ESSENTIALS IN THE STRUGGLE. + + 92. How the Question Arose. + 93. The Moral Movement. + 94. The Political Movement. + 95. The Economic Movement. + 96. The Lesson for Americans. + + +92. ~How the Question Arose.~ We have followed a chapter of history +which is of peculiar interest to the sociologist. Here was a rich new +land, the wealth of which was to be had in return for ordinary manual +labor. Had the country been conceived of as existing primarily for the +benefit of its actual inhabitants, it might have waited for natural +increase or immigration to supply the needed hands; but both Europe and +the earlier colonists themselves regarded this land as existing chiefly +for the benefit of Europe, and as designed to be exploited, as rapidly +and ruthlessly as possible, of the boundless wealth of its resources. +This was the primary excuse for the rise of the African slave-trade to +America. + +Every experiment of such a kind, however, where the moral standard of a +people is lowered for the sake of a material advantage, is dangerous in +just such proportion as that advantage is great. In this case it was +great. For at least a century, in the West Indies and the southern +United States, agriculture flourished, trade increased, and English +manufactures were nourished, in just such proportion as Americans stole +Negroes and worked them to death. This advantage, to be sure, became +much smaller in later times, and at one critical period was, at least in +the Southern States, almost _nil_; but energetic efforts were wanting, +and, before the nation was aware, slavery had seized a new and well-nigh +immovable footing in the Cotton Kingdom. + +The colonists averred with perfect truth that they did not commence this +fatal traffic, but that it was imposed upon them from without. +Nevertheless, all too soon did they lay aside scruples against it and +hasten to share its material benefits. Even those who braved the rough +Atlantic for the highest moral motives fell early victims to the +allurements of this system. Thus, throughout colonial history, in spite +of many honest attempts to stop the further pursuit of the slave-trade, +we notice back of nearly all such attempts a certain moral apathy, an +indisposition to attack the evil with the sharp weapons which its nature +demanded. Consequently, there developed steadily, irresistibly, a vast +social problem, which required two centuries and a half for a nation of +trained European stock and boasted moral fibre to solve. + + +93. ~The Moral Movement.~ For the solution of this problem there were, +roughly speaking, three classes of efforts made during this +time,--moral, political, and economic: that is to say, efforts which +sought directly to raise the moral standard of the nation; efforts which +sought to stop the trade by legal enactment; efforts which sought to +neutralize the economic advantages of the slave-trade. There is always a +certain glamour about the idea of a nation rising up to crush an evil +simply because it is wrong. Unfortunately, this can seldom be realized +in real life; for the very existence of the evil usually argues a moral +weakness in the very place where extraordinary moral strength is called +for. This was the case in the early history of the colonies; and +experience proved that an appeal to moral rectitude was unheard in +Carolina when rice had become a great crop, and in Massachusetts when +the rum-slave-traffic was paying a profit of 100%. That the various +abolition societies and anti-slavery movements did heroic work in +rousing the national conscience is certainly true; unfortunately, +however, these movements were weakest at the most critical times. When, +in 1774 and 1804, the material advantages of the slave-trade and the +institution of slavery were least, it seemed possible that moral suasion +might accomplish the abolition of both. A fatal spirit of temporizing, +however, seized the nation at these points; and although the slave-trade +was, largely for political reasons, forbidden, slavery was left +untouched. Beyond this point, as years rolled by, it was found well-nigh +impossible to rouse the moral sense of the nation. Even in the matter of +enforcing its own laws and co-operating with the civilized world, a +lethargy seized the country, and it did not awake until slavery was +about to destroy it. Even then, after a long and earnest crusade, the +national sense of right did not rise to the entire abolition of +slavery. It was only a peculiar and almost fortuitous commingling of +moral, political, and economic motives that eventually crushed African +slavery and its handmaid, the slave-trade in America. + + +94. ~The Political Movement.~ The political efforts to limit the +slave-trade were the outcome partly of moral reprobation of the trade, +partly of motives of expediency. This legislation was never such as wise +and powerful rulers may make for a nation, with the ulterior purpose of +calling in the respect which the nation has for law to aid in raising +its standard of right. The colonial and national laws on the slave-trade +merely registered, from time to time, the average public opinion +concerning this traffic, and are therefore to be regarded as negative +signs rather than as positive efforts. These signs were, from one point +of view, evidences of moral awakening; they indicated slow, steady +development of the idea that to steal even Negroes was wrong. From +another point of view, these laws showed the fear of servile +insurrection and the desire to ward off danger from the State; again, +they often indicated a desire to appear well before the civilized world, +and to rid the "land of the free" of the paradox of slavery. +Representing such motives, the laws varied all the way from mere +regulating acts to absolute prohibitions. On the whole, these acts were +poorly conceived, loosely drawn, and wretchedly enforced. The systematic +violation of the provisions of many of them led to a widespread belief +that enforcement was, in the nature of the case, impossible; and thus, +instead of marking ground already won, they were too often sources of +distinct moral deterioration. Certainly the carnival of lawlessness that +succeeded the Act of 1807, and that which preceded final suppression in +1861, were glaring examples of the failure of the efforts to suppress +the slave-trade by mere law. + + +95. ~The Economic Movement.~ Economic measures against the trade were +those which from the beginning had the best chance of success, but which +were least tried. They included tariff measures; efforts to encourage +the immigration of free laborers and the emigration of the slaves; +measures for changing the character of Southern industry; and, finally, +plans to restore the economic balance which slavery destroyed, by +raising the condition of the slave to that of complete freedom and +responsibility. Like the political efforts, these rested in part on a +moral basis; and, as legal enactments, they were also themselves often +political measures. They differed, however, from purely moral and +political efforts, in having as a main motive the economic gain which a +substitution of free for slave labor promised. + +The simplest form of such efforts was the revenue duty on slaves that +existed in all the colonies. This developed into the prohibitive tariff, +and into measures encouraging immigration or industrial improvements. +The colonization movement was another form of these efforts; it was +inadequately conceived, and not altogether sincere, but it had a sound, +although in this case impracticable, economic basis. The one great +measure which finally stopped the slave-trade forever was, naturally, +the abolition of slavery, i.e., the giving to the Negro the right to +sell his labor at a price consistent with his own welfare. The abolition +of slavery itself, while due in part to direct moral appeal and +political sagacity, was largely the result of the economic collapse of +the large-farming slave system. + + +96. ~The Lesson for Americans.~ It may be doubted if ever before such +political mistakes as the slavery compromises of the Constitutional +Convention had such serious results, and yet, by a succession of +unexpected accidents, still left a nation in position to work out its +destiny. No American can study the connection of slavery with United +States history, and not devoutly pray that his country may never have a +similar social problem to solve, until it shows more capacity for such +work than it has shown in the past. It is neither profitable nor in +accordance with scientific truth to consider that whatever the +constitutional fathers did was right, or that slavery was a plague sent +from God and fated to be eliminated in due time. We must face the fact +that this problem arose principally from the cupidity and carelessness +of our ancestors. It was the plain duty of the colonies to crush the +trade and the system in its infancy: they preferred to enrich themselves +on its profits. It was the plain duty of a Revolution based upon +"Liberty" to take steps toward the abolition of slavery: it preferred +promises to straightforward action. It was the plain duty of the +Constitutional Convention, in founding a new nation, to compromise with +a threatening social evil only in case its settlement would thereby be +postponed to a more favorable time: this was not the case in the slavery +and the slave-trade compromises; there never was a time in the history +of America when the system had a slighter economic, political, and moral +justification than in 1787; and yet with this real, existent, growing +evil before their eyes, a bargain largely of dollars and cents was +allowed to open the highway that led straight to the Civil War. +Moreover, it was due to no wisdom and foresight on the part of the +fathers that fortuitous circumstances made the result of that war what +it was, nor was it due to exceptional philanthropy on the part of their +descendants that that result included the abolition of slavery. + +With the faith of the nation broken at the very outset, the system of +slavery untouched, and twenty years' respite given to the slave-trade to +feed and foster it, there began, with 1787, that system of bargaining, +truckling, and compromising with a moral, political, and economic +monstrosity, which makes the history of our dealing with slavery in the +first half of the nineteenth century so discreditable to a great people. +Each generation sought to shift its load upon the next, and the burden +rolled on, until a generation came which was both too weak and too +strong to bear it longer. One cannot, to be sure, demand of whole +nations exceptional moral foresight and heroism; but a certain hard +common-sense in facing the complicated phenomena of political life must +be expected in every progressive people. In some respects we as a nation +seem to lack this; we have the somewhat inchoate idea that we are not +destined to be harassed with great social questions, and that even if we +are, and fail to answer them, the fault is with the question and not +with us. Consequently we often congratulate ourselves more on getting +rid of a problem than on solving it. Such an attitude is dangerous; we +have and shall have, as other peoples have had, critical, momentous, and +pressing questions to answer. The riddle of the Sphinx may be postponed, +it may be evasively answered now; sometime it must be fully answered. + +It behooves the United States, therefore, in the interest both of +scientific truth and of future social reform, carefully to study such +chapters of her history as that of the suppression of the slave-trade. +The most obvious question which this study suggests is: How far in a +State can a recognized moral wrong safely be compromised? And although +this chapter of history can give us no definite answer suited to the +ever-varying aspects of political life, yet it would seem to warn any +nation from allowing, through carelessness and moral cowardice, any +social evil to grow. No persons would have seen the Civil War with more +surprise and horror than the Revolutionists of 1776; yet from the small +and apparently dying institution of their day arose the walled and +castled Slave-Power. From this we may conclude that it behooves nations +as well as men to do things at the very moment when they ought to be +done. + + * * * * * + + + +APPENDIX A. + +A CHRONOLOGICAL CONSPECTUS OF COLONIAL AND STATE LEGISLATION RESTRICTING +THE AFRICAN SLAVE-TRADE. 1641-1787. + + +~1641. Massachusetts: Limitations on Slavery.~ + +"Liberties of Forreiners & Strangers": 91. "There shall never be any +bond slaverie villinage or Captivitie amongst vs, unles it be lawfull +Captives taken in iust warres, & such strangers as willingly selle +themselves or are sold to us. And those shall have all the liberties & +Christian usages w^{ch} y^e law of god established in Jsraell concerning +such p/^{sons} doeth morally require. This exempts none from servitude +who shall be Judged there to by Authoritie." + +"Capitall Laws": 10. "If any man stealeth aman or mankinde, he shall +surely be put to death" (marginal reference, Exodus xxi. 16). Re-enacted +in the codes of 1649, 1660, and 1672. Whitmore, _Reprint of Colonial +Laws of 1660_, etc. (1889), pp. 52, 54, 71-117. + + +~1642, April 3. New Netherland: Ten per cent Duty.~ + +"Ordinance of the Director and Council of New Netherland, imposing +certain Import and Export Duties." O'Callaghan, _Laws of New Netherland_ +(1868), p. 31. + + +~1642, Dec. 1. Connecticut: Man-Stealing made a Capital Offence.~ + +"Capitall Lawes," No. 10. Re-enacted in Ludlow's code, 1650. _Colonial +Records_, I. 77. + + +~1646, Nov. 4. Massachusetts: Declaration against Man-Stealing.~ + +Testimony of the General Court. For text, see above, page 37. _Colonial +Records_, II. 168; III. 84. + + +~1652, April 4. New Netherland: Duty of 15 Guilders.~ + +"Conditions and Regulations" of Trade to Africa. O'Callaghan, _Laws of +New Netherland_, pp. 81, 127. + + +~1652, May 18-20. Rhode Island: Perpetual Slavery Prohibited.~ + +For text, see above, page 40. _Colonial Records_, I. 243. + + +~1655, Aug. 6. New Netherland: Ten per cent Export Duty.~ + +"Ordinance of the Director General and Council of New Netherland, +imposing a Duty on exported Negroes." O'Callaghan, _Laws of New +Netherland_, p. 191. + + +~1664, March 12. Duke of York's Patent: Slavery Regulated.~ + +"Lawes establisht by the Authority of his Majesties Letters patents, +granted to his Royall Highnes James Duke of Yorke and Albany; Bearing +Date the 12th Day of March in the Sixteenth year of the Raigne of our +Soveraigne Lord Kinge Charles the Second." First published at Long +Island in 1664. + +"Bond slavery": "No Christian shall be kept in Bond-slavery villenage or +Captivity, Except Such who shall be Judged thereunto by Authority, or +such as willingly have sould, or shall sell themselves," etc. +Apprenticeship allowed. _Charter to William Penn, and Laws of the +Province of Pennsylvania_ (1879), pp. 3, 12. + + +~1672, October. Connecticut: Law against Man-Stealing.~ + +"The General Laws and Liberties of Conecticut + +"Capital Laws": 10. "If any Man stealeth a Man or Man kinde, and selleth +him, or if he be found in his hand, he shall be put to death. Exod. 21. +16." _Laws of Connecticut_, 1672 (repr. 1865), p. 9. + + +~1676, March 3. West New Jersey: Slavery Prohibited (?).~ + +"The Concessions and Agreements of the Proprietors, Freeholders and +Inhabitants of the Province of West New-Jersey, in America." + +Chap. XXIII. "That in all publick Courts of Justice for Tryals of +Causes, Civil or Criminal, any Person or Persons, Inhabitants of the +said Province, may freely come into, and attend the said Courts, ... +that all and every Person and Persons Inhabiting the said Province, +shall, as far as in us lies, be free from Oppression and Slavery." +Leaming and Spicer, _Grants, Concessions_, etc., pp. 382, 398. + + +~1688, Feb. 18. Pennsylvania: First Protest of Friends against +Slave-Trade.~ + +"At Monthly Meeting of Germantown Friends." For text, see above, pages +28-29. _Fac-simile Copy_ (1880). + + +~1695, May. Maryland: 10s. Duty Act.~ + +"An Act for the laying an Imposition upon Negroes, Slaves, and White +Persons imported into this Province." Re-enacted in 1696, and included +in Acts of 1699 and 1704. Bacon, _Laws_, 1695, ch. ix.; 1696, ch. vii.; +1699, ch. xxiii.; 1704, ch. ix. + + +~1696. Pennsylvania: Protest of Friends.~ + +"That Friends be careful not to encourage the bringing in of any more +negroes." Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. Mem._ +(1864), I. 383. + + +~1698, Oct. 8. South Carolina: White Servants Encouraged.~ + +"An Act for the Encouragement of the Importation of White Servants." + +"Whereas, the great number of negroes which of late have been imported +into this Collony may endanger the safety thereof if speedy care be not +taken and encouragement given for the importation of white servants." + +Sec. 1. L13 are to be given to any ship master for every male white servant +(Irish excepted), between sixteen and forty years, whom he shall bring +into Ashley river; and L12 for boys between twelve and sixteen years. +Every servant must have at least four years to serve, and every boy +seven years. + +Sec. 3. Planters are to take servants in proportion of one to every six +male Negroes above sixteen years. + +Sec. 5. Servants are to be distributed by lot. + +Sec. 8. This act to continue three years. Cooper, _Statutes_, II. 153. + + +~1699, April. Virginia: 20s. Duty Act.~ + +"An act for laying an imposition upon servants and slaves imported into +this country, towards building the Capitoll." For three years; continued +in August, 1701, and April, 1704. Hening, _Statutes_, III. 193, 212, +225. + + +~1703, May 6. South Carolina: Duty Act.~ + +"An Act for the laying an Imposition on Furrs, Skinns, Liquors and other +Goods and Merchandize, Imported into and Exported out of this part of +this Province, for the raising of a Fund of Money towards defraying the +publick charges and expenses of this Province, and paying the debts due +for the Expedition against St. Augustine." 10_s._ on Africans and 20_s._ +on others. Cooper, _Statutes_, II. 201. + + +~1704, October. Maryland: 20s. Duty Act.~ + +"An Act imposing Three Pence per Gallon on Rum and Wine, Brandy and +Spirits; and Twenty Shillings per Poll for Negroes; for raising a Supply +to defray the Public Charge of this Province; and Twenty Shillings per +Poll on Irish Servants, to prevent the importing too great a Number of +Irish Papists into this Province." Revived in 1708 and 1712. Bacon, +_Laws_, 1704, ch. xxxiii.; 1708, ch. xvi.; 1712, ch. xxii. + + +~1705, Jan. 12. Pennsylvania: 10s. Duty Act. ~ + +"An Act for Raising a Supply of Two pence half penny per Pound & ten +shillings per Head. Also for Granting an Impost & laying on Sundry +Liquors & negroes Imported into this Province for the Support of +Governmt., & defraying the necessary Publick Charges in the +Administration thereof." _Colonial Records_ (1852), II. 232, No. 50. + + +~1705, October. Virginia: 6d. Tax on Imported Slaves.~ + +"An act for raising a publick revenue for the better support of the +Government," etc. Similar tax by Act of October, 1710. Hening, +_Statutes_, III. 344, 490. + + +~1705, October. Virginia: 20s. Duty Act.~ + +"An act for laying an Imposition upon Liquors and Slaves." For two +years; re-enacted in October, 1710, for three years, and in October, +1712. _Ibid._, III. 229, 482; IV. 30. + + +~1705, Dec. 5. Massachusetts: L4 Duty Act.~ + +"An act for the Better Preventing of a Spurious and Mixt Issue," etc. + +Sec. 6. On and after May 1, 1706, every master importing Negroes shall +enter his number, name, and sex in the impost office, and insert them in +the bill of lading; he shall pay to the commissioner and receiver of the +impost L4 per head for every such Negro. Both master and ship are to be +security for the payment of the same. + +Sec. 7. If the master neglect to enter the slaves, he shall forfeit L8 for +each Negro, one-half to go to the informer and one-half to the +government. + +Sec. 8. If any Negro imported shall, within twelve months, be exported and +sold in any other plantation, and a receipt from the collector there be +shown, a drawback of the whole duty will be allowed. Like drawback will +be allowed a purchaser, if any Negro sold die within six weeks after +importation. _Mass. Province Laws, 1705-6_, ch. 10. + + +~1708, February. Rhode Island: L3 Duty Act.~ + +No title or text found. Slightly amended by Act of April, 1708; +strengthened by Acts of February, 1712, and July 5, 1715; proceeds +disposed of by Acts of July, 1715, October, 1717, and June, 1729. +_Colonial Records_, IV. 34, 131-5, 138, 143, 191-3, 225, 423-4. + + +~1709, Sept. 24. New York: L3 Duty Act.~ + +"An Act for Laying a Duty on the Tonnage of Vessels and Slaves." A duty +of L3 was laid on slaves not imported directly from their native +country. Continued by Act of Oct. 30, 1710. _Acts of Assembly, +1691-1718_, pp. 97, 125, 134; Laws of New York, 1691-1773, p. 83. + + +~1710, Dec. 28. Pennsylvania: 40s. Duty Act.~ + +"An impost Act, laying a duty on Negroes, wine, rum and other spirits, +cyder and vessels." Repealed by order in Council Feb. 20, 1713. Carey +and Bioren, _Laws_, I. 82; Bettle, _Notices of Negro Slavery_, in _Penn. +Hist. Soc. Mem._ (1864), I. 415. + + +~1710. Virginia: L5 Duty Act.~ + +"Intended to discourage the importation" of slaves. Title and text not +found. Disallowed (?). _Governor Spotswood to the Lords of Trade_, in +_Va. Hist. Soc. Coll._, New Series, I. 52. + + +~1711, July-Aug. New York: Act of 1709 Strengthened.~ + +"An Act for the more effectual putting in Execution an Act of General +Assembly, Intituled, An Act for Laying a Duty on the Tonnage of Vessels +and Slaves." _Acts of Assembly, 1691-1718_, p. 134. + + +~1711, December. New York: Bill to Increase Duty.~ + +Bill for laying a further duty on slaves. Passed Assembly; lost in +Council. _Doc. rel. Col. Hist. New York_, V. 293. + + +~1711. Pennsylvania: Testimony of Quakers.~ + +" ... the Yearly Meeting of Philadelphia, on a representation from the +Quarterly Meeting of Chester, that the buying and encouraging the +importation of negroes was still practised by some of the members of the +society, again repeated and enforced the observance of the advice issued +in 1696, and further directed all merchants and factors to write to +their correspondents and discourage their sending any more negroes." +Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. Mem._ (1864), +I. 386. + + +~1712, June 7. Pennsylvania: Prohibitive (?) Duty Act.~ + +"A supplementary Act to an act, entituled, An impost act, laying a duty +on Negroes, rum," etc. Disallowed by Great Britain, 1713. Carey and +Bioren, _Laws_, I. 87, 88. Cf. _Colonial Records_ (1852), II. 553. + + +~1712, June 7. Pennsylvania: Prohibitive Duty Act.~ + +"An act to prevent the Importation of Negroes and Indians into this +Province." + +"Whereas Divers Plots and Insurrections have frequently happened, not +only in the Islands, but on the Main Land of _America_, by Negroes, +which have been carried on so far that several of the Inhabitants have +been thereby barbarously Murthered, an instance whereof we have lately +had in our neighboring Colony of _New York_. And whereas the +Importation of Indian Slaves hath given our Neighboring _Indians_ in +this Province some umbrage of Suspicion and Dis-satisfaction. For +Prevention of all which for the future, + +"_Be it Enacted_ ..., That from and after the Publication of this Act, +upon the Importation of any Negro or Indian, by Land or Water, into this +Province, there shall be paid by the Importer, Owner or Possessor +thereof, the sum of _Twenty Pounds per head_, for every Negro or Indian +so imported or brought in (except Negroes directly brought in from the +_West India Islands_ before the first Day of the Month called _August_ +next) unto the proper Officer herein after named, or that shall be +appointed according to the Directions of this Act to receive the same," +etc. Disallowed by Great Britain, 1713. _Laws of Pennsylvania, +collected_, etc. (ed. 1714), p. 165; _Colonial Records_ (1852), II. 553; +Burge, _Commentaries_, I. 737, note; _Penn. Archives_, I. 162. + + +~1713, March 11. New Jersey: L10 Duty Act.~ + +"An Act for laying a Duty on Negro, Indian and Mulatto Slaves, imported +and brought into this Province." + +"_Be it Enacted_ ..., That every Person or Persons that shall hereafter +Import or bring in, or cause to be imported or brought into this +Province, any Negro Indian or Mulatto Slave or Slaves, every such Person +or Persons so importing or bringing in, or causing to be imported or +brought in, such Slave or Slaves, shall enter with one of the Collectors +of her Majestie's Customs of this Province, every such Slave or Slaves, +within Twenty Four Hours after such Slave or Slaves is so Imported, and +pay the Sum of _Ten Pounds_ Money as appointed by her Majesty's +Proclamation, for each Slave so imported, or give sufficient Security +that the said Sum of _Ten Pounds_, Money aforesaid, shall be well and +truly paid within three Months after such Slave or Slaves are so +imported, to the Collector or his Deputy of the District into which +such Slave or Slaves shall be imported, for the use of her Majesty, her +Heirs and Successors, toward the Support of the Government of this +Province." For seven years; violations incur forfeiture and sale of +slaves at auction; slaves brought from elsewhere than Africa to pay L10, +etc. _Laws and Acts of New Jersey, 1703-1717_ (ed. 1717), p. 43; _N.J. +Archives_, 1st Series, XIII. 516, 517, 520, 522, 523, 527, 532, 541. + + +~1713, March 26. Great Britain and Spain: The Assiento.~ + +"The Assiento, or Contract for allowing to the Subjects of Great Britain +the Liberty of importing Negroes into the Spanish America. Signed by the +Catholick King at Madrid, the 26th Day of March, 1713." + +Art. I. "First then to procure, by this means, a mutual and reciprocal +advantage to the sovereigns and subjects of both crowns, her British +majesty does offer and undertake for the persons, whom she shall name +and appoint, That they shall oblige and charge themselves with the +bringing into the West-Indies of America, belonging to his catholick +majesty, in the space of the said 30 years, to commence on the 1st day +of May, 1713, and determine on the like day, which will be in the year +1743, _viz._ 144000 negroes, _Piezas de India_, of both sexes, and of +all ages, at the rate of 4800 negroes, _Piezas de India_, in each of the +said 30 years, with this condition, That the persons who shall go to the +West-Indies to take care of the concerns of the assiento, shall avoid +giving any offence, for in such case they shall be prosecuted and +punished in the same manner, as they would have been in Spain, if the +like misdemeanors had been committed there." + +Art. II. Assientists to pay a duty of 33 pieces of eight (_Escudos_) for +each Negro, which should include all duties. + +Art. III. Assientists to advance to his Catholic Majesty 200,000 pieces +of eight, which should be returned at the end of the first twenty years, +etc. John Almon, _Treaties of Peace, Alliance, and Commerce, between +Great-Britain and other Powers_ (London, 1772), I. 83-107. + + +~1713, July 13. Great Britain and Spain: Treaty of Utrecht.~ + +"Treaty of Peace and Friendship between the most serene and most potent +princess Anne, by the grace of God, Queen of Great Britain, France, and +Ireland, Defender of the Faith, &c. and the most serene and most potent +Prince Philip V the Catholick King of Spain, concluded at Utrecht, the +2/13 Day of July, 1713." + +Art. XII. "The Catholick King doth furthermore hereby give and grant to +her Britannick majesty, and to the company of her subjects appointed for +that purpose, as well the subjects of Spain, as all others, being +excluded, the contract for introducing negroes into several parts of the +dominions of his Catholick Majesty in America, commonly called _el Pacto +de el Assiento de Negros_, for the space of thirty years successively, +beginning from the first day of the month of May, in the year 1713, with +the same conditions on which the French enjoyed it, or at any time might +or ought to enjoy the same, together with a tract or tracts of Land to +be allotted by the said Catholick King, and to be granted to the company +aforesaid, commonly called _la Compania de el Assiento_, in some +convenient place on the river of Plata, (no duties or revenues being +payable by the said company on that account, during the time of the +abovementioned contract, and no longer) and this settlement of the said +society, or those tracts of land, shall be proper and sufficient for +planting, and sowing, and for feeding cattle for the subsistence of +those who are in the service of the said company, and of their negroes; +and that the said negroes may be there kept in safety till they are +sold; and moreover, that the ships belonging to the said company may +come close to land, and be secure from any danger. But it shall always +be lawful for the Catholick King, to appoint an officer in the said +place or settlement, who may take care that nothing be done or practised +contrary to his royal interests. And all who manage the affairs of the +said company there, or belong to it, shall be subject to the inspection +of the aforesaid officer, as to all matters relating to the tracts of +land abovementioned. But if any doubts, difficulties, or controversies, +should arise between the said officer and the managers for the said +company, they shall be referred to the determination of the governor of +Buenos Ayres. The Catholick King has been likewise pleased to grant to +the said company, several other extraordinary advantages, which are more +fully and amply explained in the contract of the Assiento, which was +made and concluded at Madrid, the 26th day of the month of March, of +this present year 1713. Which contract, or _Assiento de Negros_, and all +the clauses, conditions, privileges and immunities contained therein, +and which are not contrary to this article, are and shall be deemed, and +taken to be, part of this treaty, in the same manner as if they had been +here inserted word for word." John Almon, _Treaties of Peace, Alliance, +and Commerce, between Great-Britain and other Powers_, I. 168-80. + + +~1714, Feb. 18. South Carolina: Duty on American Slaves.~ + +"An Act for laying an additional duty on all Negro Slaves imported into +this Province from any part of America." Title quoted in Act of 1719, +Sec.30, _q.v._ + + +~1714, Dec. 18. South Carolina: Prohibitive Duty.~ + +"An additional Act to an Act entitled 'An Act for the better Ordering +and Governing Negroes and all other Slaves.'" + +Sec.9 "And _whereas_, the number of negroes do extremely increase in this +Province, and through the afflicting providence of God, the white +persons do not proportionally multiply, by reason whereof, the safety +of the said Province is greatly endangered; for the prevention of which +for the future, + +"_Be it further enacted_ by the authority aforesaid, That all negro +slaves from twelve years old and upwards, imported into this part of +this Province from any part of Africa, shall pay such additional duties +as is hereafter named, that is to say:--that every merchant or other +person whatsoever, who shall, six months after the ratification of this +Act, import any negro slaves as aforesaid, shall, for every such slave, +pay unto the public receiver for the time being, (within thirty days +after such importation,) the sum of two pounds current money of this +Province." Cooper, _Statutes_, VII. 365. + + +~1715, Feb. 18. South Carolina: Duty on American Negroes.~ + +"_An additional Act_ to an act entitled _an act for raising the sum of +L2000, of and from the estates real and personal of the inhabitants of +this Province, ratified in open Assembly the 18th day of December, +1714_; and for laying an additional duty on all Negroe slaves imported +into this Province from any part of America." Title only given. Grimke, +_Public Laws_, p. xvi, No. 362. + + +~1715, May 28. Pennsylvania: L5 Duty Act.~ + +"An Act for laying a Duty on _Negroes_ imported into this province." +Disallowed by Great Britain, 1719. _Acts and Laws of Pennsylvania, +1715_, p. 270; _Colonial Records_ (1852), III. 75-6; Chalmers, +_Opinions_, II. 118. + + +~1715, June 3. Maryland: 20s. Duty Act.~ + +"An Act laying an Imposition on Negroes ...; and also on Irish Servants, +to prevent the importing too great a Number of Irish Papists into this +Province." Supplemented April 23, 1735, and July 25, 1754. _Compleat +Collection of the Laws of Maryland_ (ed. 1727), p. 157; Bacon, _Laws_, +1715, ch. xxxvi. Sec.8; 1735, ch. vi. Sec.Sec.1-3; _Acts of Assembly, 1754_, p. +10. + + +~1716, June 30. South Carolina: L3 Duty Act.~ + +"An Act for laying an Imposition on Liquors, Goods and Merchandizes, +Imported into and Exported out of this Province, for the raising of a +Fund of Money towards the defraying the publick charges and expences of +the Government." A duty of L3 was laid on African slaves, and L30 on +American slaves. Cooper, _Statutes_, II. 649. + + +~1716. New York: 5 oz. and 10 oz. plate Duty Act.~ + +"An Act to Oblige all Vessels Trading into this Colony (except such as +are therein excepted) to pay a certain Duty; and for the further +Explanation and rendring more Effectual certain Clauses in an Act of +General Assembly of this Colony, Intituled, An Act by which a Duty is +laid on Negroes, and other Slaves, imported into this Colony." The act +referred to is not to be found. _Acts of Assembly, 1691-1718_, p. 224. + + +~1717, June 8. Maryland: Additional 20s. Duty Act.~ + +"An Act for laying an Additional Duty of Twenty Shillings Current Money +per Poll on all Irish Servants, ... also, the Additional Duty of Twenty +Shillings Current Money per Poll on all Negroes, for raising a Fund for +the Use of Publick Schools," etc. Continued by Act of 1728. _Compleat +Collection of the Laws of Maryland_ (ed. 1727), p. 191; Bacon, _Laws_, +1728, ch. viii. + + +~1717, Dec. 11. South Carolina: Prohibitive Duty.~ + +"A further additional Act to an Act entitled An Act for the better +ordering and governing of Negroes and all other Slaves; and to an +additional Act to an Act entitled An Act for the better ordering and +governing of Negroes and all other Slaves." + +Sec. 3. "And _whereas_, the great importation of negroes to this Province, +in proportion to the white inhabitants of the same, whereby the future +safety of this Province will be greatly endangered; for the prevention +whereof, + +"_Be it enacted_ by the authority aforesaid, That all negro slaves of +any age or condition whatsoever, imported or otherwise brought into this +Province, from any part of the world, shall pay such additional duties +as is hereafter named, that is to say:--that every merchant or other +person whatsoever, who shall, eighteen months after the ratification of +this Act, import any negro slave as aforesaid, shall, for every such +slave, pay unto the public receiver for the time being, at the time of +each importation, over and above all the duties already charged on +negroes, by any law in force in this Province, the additional sum of +forty pounds current money of this Province," etc. + +Sec. 4. This section on duties to be in force for four years after +ratification, and thence to the end of the next session of the General +Assembly. Cooper, _Statutes_, VII. 368. + + +~1718, Feb. 22. Pennsylvania: Duty Act.~ + +"An Act for continuing a duty on Negroes brought into this province." +Carey and Bioren, _Laws_, I. 118. + + +~1719, March 20. South Carolina: L10 Duty Act.~ + +"An Act for laying an Imposition on Negroes, Liquors, and other Goods +and Merchandizes, imported, and exported out of this Province, for the +raising of a Fund of Money towards the defraying the Publick Charges and +Expences of this Government; as also to Repeal several Duty Acts, and +Clauses and Paragraphs of Acts, as is herein mentioned." This repeals +former duty acts (e.g. that of 1714), and lays a duty of L10 on African +slaves, and L30 on American slaves. Cooper, _Statutes_, III. 56. + + +~1721, Sept. 21. South Carolina: L10 Duty Act.~ + +"An Act for granting to His Majesty a Duty and Imposition on Negroes, +Liquors, and other Goods and Merchandize, imported into and exported out +of this Province." This was a continuation of the Act of 1719. _Ibid._, +III. 159. + + +~1722, Feb. 23. South Carolina: L10 Duty Act.~ + +"An Act for Granting to His Majesty a Duty and Imposition on Negroes, +Liquors, and other Goods and Merchandizes, for the use of the Publick +of this Province." + +Sec. 1. " ... on all negro slaves imported from Africa directly, or any +other place whatsoever, Spanish negroes excepted, if above ten years of +age, ten pounds; on all negroes under ten years of age, (sucking +children excepted) five pounds," etc. + +Sec. 3. "And whereas, it has proved to the detriment of some of the +inhabitants of this Province, who have purchased negroes imported here +from the Colonies of America, that they were either transported thence +by the Courts of justice, or sent off by private persons for their ill +behaviour and misdemeanours, to prevent which for the future, + +"_Be it enacted_ by the authority aforesaid, That all negroes imported +in this Province from any part of America, after the ratification of +this Act, above ten years of age, shall pay unto the Publick Receiver as +a duty, the sum of fifty pounds, and all such negroes under the age of +ten years, (sucking children excepted) the sum of five pounds of like +current money, unless the owner or agent shall produce a testimonial +under the hand and seal of any Notary Publick of the Colonies or +plantations from whence such negroes came last, before whom it was +proved upon oath, that the same are new negroes, and have not been six +months on shoar in any part of America," etc. + +Sec. 4. "And whereas, the importation of Spanish Indians, mustees, negroes, +and mulattoes, may be of dangerous consequence by inticing the slaves +belonging to the inhabitants of this Province to desert with them to the +Spanish settlements near us, + +"_Be it therefore enacted_ That all such Spanish negroes, Indians, +mustees, or mulattoes, so imported into this Province, shall pay unto +the Publick Receiver, for the use of this Province, a duty of one +hundred and fifty pounds, current money of this Province." + +Sec. 19. Rebate of three-fourths of the duty allowed in case of +re-exportation in six months. + +Sec. 31. Act of 1721 repealed. + +Sec. 36. This act to continue in force for three years, and thence to the +end of the next session of the General Assembly, and no longer. Cooper, +_Statutes_, III. 193. + + +~1722, May 12. Pennsylvania: Duty Act.~ + +"An Act for laying a duty on Negroes imported into this province." Carey +and Bioren, _Laws_, I. 165. + + +~1723, May. Virginia: Duty Act.~ + +"An Act for laying a Duty on Liquors and Slaves." Title only; repealed +by proclamation Oct. 27, 1724. Hening, _Statutes_, IV. 118. + + +~1723, June 18. Rhode Island: Back Duties Collected.~ + +Resolve appointing the attorney-general to collect back duties on +Negroes. _Colonial Records_, IV. 330. + + +~1726, March 5. Pennsylvania: L10 Duty Act.~ + +"An Act for the better regulating of Negroes in this province." Carey +and Bioren, _Laws_, I. 214; Bettle, _Notices of Negro Slavery_, in +_Penn. Hist. Soc. Mem._ (1864), I. 388. + + +~1726, March 5. Pennsylvania: Duty Act.~ + +"An Act for laying a duty on Negroes imported into this province." Carey +and Bioren, _Laws_, I. 213. + + +~1727, February. Virginia: Prohibitive Duty Act (?).~ + +"An Act for laying a Duty on Slaves imported; and for appointing a +Treasurer." Title only found; the duty was probably prohibitive; it was +enacted with a suspending clause, and was not assented to by the king. +Hening, _Statutes_, IV. 182. + + +~1728, Aug. 31. New York: L2 and L4 Duty Act.~ + +"An Act to repeal some Parts and to continue and enforce other Parts of +the Act therein mentioned, and for granting several Duties to His +Majesty, for supporting His Government in the Colony of New York" from +Sept. 1, 1728, to Sept. 1, 1733. Same duty continued by Act of 1732. +_Laws of New York, 1691-1773_, pp. 148, 171; _Doc. rel. Col. Hist. New +York_, VI. 32, 33, 34, 37, 38. + + +~1728, Sept. 14. Massachusetts: Act of 1705 Strengthened.~ + +"An Act more effectually to secure the Duty on the Importation of +Negroes." For seven years; substantially the same law re-enacted Jan. +26, 1738, for ten years. _Mass. Province Laws, 1728-9_, ch. 16; +_1738-9_, ch. 27. + + +~1729, May 10. Pennsylvania: 40s. Duty Act.~ + +"An Act for laying a Duty on Negroes imported into this Province." _Laws +of Pennsylvania_ (ed. 1742), p. 354, ch. 287. + + +~1732, May. Rhode Island: Repeal of Act of 1712.~ + +"Whereas, there was an act made and passed by the General Assembly, at +their session, held at Newport, the 27th day of February, 1711 [O.S., +N.S. = 1712], entitled 'An Act for laying a duty on negro slaves that +shall be imported into this colony,' and this Assembly being directed by +His Majesty's instructions to repeal the same;-- + +"Therefore, be it enacted by the General Assembly ... that the said act +... be, and it is hereby repealed, made null and void, and of none +effect for the future." If this is the act mentioned under Act of 1708, +the title is wrongly cited; if not, the act is lost. _Colonial Records_, +IV. 471. + + +~1732, May. Virginia: Five per cent Duty Act.~ + +"An Act for laying a Duty upon Slaves, to be paid by the Buyers." For +four years; continued and slightly amended by Acts of 1734, 1736, 1738, +1742, and 1745; revived February, 1752, and continued by Acts of +November, 1753, February, 1759, November, 1766, and 1769; revived (or +continued?) by Act of February, 1772, until 1778. Hening, _Statutes_, +IV. 317, 394, 469; V. 28, 160, 318; VI. 217, 353; VII. 281; VIII. 190, +336, 530. + + +~1734, November. New York: Duty Act.~ + +"An act to lay a duty on Negroes & a tax on the Slaves therein mentioned +during the time and for the uses within mentioned." The tax was 1_s._ +yearly per slave. _Doc. rel. Col. Hist. New York_, VI. 38. + + +~1734, Nov. 28. New York: L2 and L4 (?) Duty Act.~ + +"An Act to lay a Duty on the Goods, and a Tax on the Slaves therein +mentioned, during the Time, and for the Uses mentioned in the same." +Possibly there were two acts this year. _Laws of New York, 1691-1773_, +p. 186; _Doc. rel. Col. Hist. New York_, VI. 27. + + +~1735. Georgia: Prohibitive Act.~ + +An "act for rendering the colony of Georgia more defensible by +prohibiting the importation and use of black slaves or negroes into the +same." W.B. Stevens, _History of Georgia_, I. 311; [B. Martyn], _Account +of the Progress of Georgia_ (1741), pp. 9-10; Prince Hoare, _Memoirs of +Granville Sharp_ (London, 1820), p. 157. + + +~1740, April 5. South Carolina: L100 Prohibitive Duty Act.~ + +"An Act for the better strengthening of this Province, by granting to +His Majesty certain taxes and impositions on the purchasers of Negroes +imported," etc. The duty on slaves from America was L150. Continued to +1744. Cooper, _Statutes_, III. 556. Cf. _Abstract Evidence on +Slave-Trade before Committee of House of Commons, 1790-91_ (London, +1791), p. 150. + + +~1740, May. Virginia: Additional Five per cent Duty Act.~ + +"An Act, for laying an additional Duty upon Slaves, to be paid by the +Buyer, for encouraging persons to enlist in his Majesty's service: And +for preventing desertion." To continue until July 1, 1744. Hening, +_Statutes_, V. 92. + + +~1751, June 14. South Carolina: White Servants Encouraged.~ + +"An Act for the better strengthening of this Province, by granting to +His Majesty certain Taxes and Impositions on the purchasers of Negroes +and other slaves imported, and for appropriating the same to the uses +therein mentioned, and for granting to His Majesty a duty on Liquors and +other Goods and Merchandize, for the uses therein mentioned, and for +exempting the purchasers of Negroes and other slaves imported from +payment of the Tax, and the Liquors and other Goods and Merchandize from +the duties imposed by any former Act or Acts of the General Assembly of +this Province." + +"Whereas, the best way to prevent the mischiefs that may be attended by +the great importation of negroes into this Province, will be to +establish a method by which such importation should be made a necessary +means of introducing a proportionable number of white inhabitants into +the same; therefore for the effectual raising and appropriating a fund +sufficient for the better settling of this Province with white +inhabitants, we, his Majesty's most dutiful and loyal subjects, the +House of Assembly now met in General Assembly, do cheerfully give and +grant unto the King's most excellent Majesty, his heirs and successors, +the several taxes and impositions hereinafter mentioned, for the uses +and to be raised, appropriated, paid and applied as is hereinafter +directed and appointed, and not otherwise, and do humbly pray his most +sacred Majesty that it may be enacted, + +Sec. 1. "_And be it enacted_, by his Excellency James Glen, Esquire, +Governor in chief and Captain General in and over the Province of South +Carolina, by and with the advice and consent of his Majesty's honorable +Council, and the House of Assembly of the said Province, and by the +authority of the same, That from and immediately after the passing of +this Act, there shall be imposed on and paid by all and every the +inhabitants of this Province, and other person and persons whosoever, +first purchasing any negro or other slave, hereafter to be imported, a +certain tax or sum of ten pounds current money for every such negro and +other slave of the height of four feet two inches and upwards; and for +every one under that height, and above three feet two inches, the sum of +five pounds like money; and for all under three feet two inches, +(sucking children excepted) two pounds and ten shillings like money, +which every such inhabitant of this Province, and other person and +persons whosoever shall so purchase or buy as aforesaid, which said sums +of ten pounds and five pounds and two pounds and ten shillings +respectively, shall be paid by such purchaser for every such slave, at +the time of his, her or their purchasing of the same, to the public +treasurer of this Province for the time being, for the uses hereinafter +mentioned, set down and appointed, under pain of forfeiting all and +every such negroes and slaves, for which the said taxes or impositions +shall not be paid, pursuant to the directions of this Act, to be sued +for, recovered and applied in the manner hereinafter directed." + +Sec. 6. "_And be it further enacted_ by the authority aforesaid, That the +said tax hereby imposed on negroes and other slaves, paid or to be paid +by or on the behalf of the purchasers as aforesaid, by virtue of this +Act, shall be applied and appropriated as followeth, and to no other +use, or in any other manner whatever, (that is to say) that three-fifth +parts (the whole into five equal parts to be divided) of the net sum +arising by the said tax, for and during the term of five years from the +time of passing this Act, be applied and the same is hereby applied for +payment of the sum of six pounds proclamation money to every poor +foreign protestant whatever from Europe, or other poor protestant (his +Majesty's subject) who shall produce a certificate under the seal of any +corporation, or a certificate under the hands of the minister and +church-wardens of any parish, or the minister and elders of any church, +meeting or congregation in Great Britain or Ireland, of the good +character of such poor protestant, above the age of twelve and under the +age of fifty years, and for payment of the sum of three pounds like +money, to every such poor protestant under the age of twelve and above +the age of two years; who shall come into this Province within the first +three years of the said term of five years, and settle on any part of +the southern frontier lying between Pon Pon and Savannah rivers, or in +the central parts of this Province," etc. For the last two years the +bounty is L4 and L2. + +Sec. 7. After the expiration of this term of five years, the sum is +appropriated to the protestants settling anywhere in the State, and the +bounty is L2 13_s._ 4_d._, and L1 6_s._ 8_d._ + +Sec. 8. One other fifth of the tax is appropriated to survey lands, and the +remaining fifth as a bounty for ship-building, and for encouraging the +settlement of ship-builders. + +Sec. 14. Rebate of three-fourths of the tax allowed in case of +re-exportation of the slaves in six months. + +Sec. 16. "_And be it further enacted_ by the authority aforesaid, That +every person or persons who after the passing this Act shall purchase +any slave or slaves which shall be brought or imported into this +Province, either by land or water, from any of his Majesty's plantations +or colonies in America, that have been in any such colony or plantation +for the space of six months; and if such slave or slaves have not been +so long in such colony or plantation, the importer shall be obliged to +make oath or produce a proper certificate thereof, or otherwise every +such importer shall pay a further tax or imposition of fifty pounds, +over and besides the tax hereby imposed for every such slave which he or +they shall purchase as aforesaid." Actual settlers bringing slaves are +excepted. + +Sec. 41. This act to continue in force ten years from its passage, and +thence to the end of the next session of the General Assembly, and no +longer. Cooper, _Statutes_, III. 739. + + +~1753, Dec. 12. New York: 5 oz. and 10 oz. plate Duty Act.~ + +"An Act for granting to His Majesty the several Duties and Impositions, +on Goods, Wares and Merchandizes imported into this Colony, therein +mentioned." Annually continued until 1767, or perhaps until 1774. _Laws +of New York, 1752-62_, p. 21, ch. xxvii.; _Doc. rel. Col. Hist. New +York_, VII. 907; VIII. 452. + + +~1754, February. Virginia: Additional Five per cent Duty Act.~ + +"An Act for the encouragement and protection of the settlers upon the +waters of the Mississippi." For three years; continued in 1755 and 1763; +revived in 1772, and continued until 1778. Hening, _Statutes_, VI. 417, +468; VII. 639; VIII. 530. + + +~1754, July 25. Maryland: Additional 10s. Duty Act.~ + +"An Act for his Majesty's Service." Bacon, _Laws_, 1754, ch. ix. + + +~1755, May. Virginia: Additional Ten per cent Duty Act.~ + +"An act to explain an act, intituled, An act for raising the sum of +twenty thousand pounds, for the protection of his majesty's subjects, +against the insults and encroachments of the French; and for other +purposes therein mentioned." + +Sec. 10. " ... from and after the passing of this act, there shall be +levied and paid to our sovereign lord the king, his heirs and +successors, for all slaves imported, or brought into this colony and +dominion for sale, either by land or water, from any part [port] or +place whatsoever, by the buyer, or purchaser, after the rate of ten per +centum, on the amount of each respective purchase, over and above the +several duties already laid on slaves, imported as aforesaid, by an act +or acts of Assembly, now subsisting, and also over and above the duty +laid by" the Act of 1754. Repealed by Act of May, 1760, Sec. 11, " ... +inasmuch as the same prevents the importation of slaves, and thereby +lessens the fund arising from the duties upon slaves." Hening, +_Statutes_, VI. 461; VII. 363. Cf. _Dinwiddie Papers_, II. 86. + + +~1756, March 22. Maryland: Additional 20s. Duty Act.~ + +"An Act for granting a Supply of Forty Thousand Pounds, for his +Majesty's Service," etc. For five years. Bacon, _Laws_, 1756, ch. v. + + +~1757, April. Virginia: Additional Ten per cent Duty Act.~ + +"An Act for granting an aid to his majesty for the better protection of +this colony, and for other purposes therein mentioned." + +Sec. 22. " ... from and after the ninth day of July, one thousand seven +hundred and fifty-eight, during the term of seven years, there shall be +paid for all slaves imported into this colony, for sale, either by land +or water, from any port or place whatsoever, by the buyer or purchaser +thereof, after the rate of ten per centum on the amount of each +respective purchase, over and above the several duties already laid upon +slaves imported, as aforesaid, by any act or acts of Assembly now +subsisting in this colony," etc. Repealed by Act of March, 1761, Sec. 6, as +being "found very inconvenient." Hening, _Statutes_, VII. 69, 383. + + +~1759, November. Virginia: Twenty per cent Duty Act.~ + +"An Act to oblige the persons bringing slaves into this colony from +Maryland, Carolina, and the West-Indies, for their own use, to pay a +duty." + +Sec. 1. " ... from and after the passing of this act, there shall be paid +... for all slaves imported or brought into this colony and dominion +from Maryland, North-Carolina, or any other place in America, by the +owner or importer thereof, after the rate of twenty per centum on the +amount of each respective purchase," etc. This act to continue until +April 20, 1767; continued in 1766 and 1769, until 1773; altered by Act +of 1772, _q.v. Ibid._, VII. 338; VIII. 191, 336. + + +~1760. South Carolina: Total Prohibition.~ + +Text not found; act disallowed by Great Britain. Cf. Burge, +_Commentaries_, I. 737, note; W.B. Stevens, _History of Georgia_, I. +286. + + +~1761, March 14. Pennsylvania: L10 Duty Act.~ + +"An Act for laying a duty on Negroes and Mulattoe slaves, imported into +this province." Continued in 1768; repealed (or disallowed) in 1780. +Carey and Bioren, _Laws_, I. 371, 451; _Acts of Assembly_ (ed. 1782), p. +149; _Colonial Records_ (1852), VIII. 576. + + +~1761, April 22. Pennsylvania: Prohibitive Duty Act.~ + +"A Supplement to an act, entituled An Act for laying a duty on Negroes +and Mulattoe slaves, imported into this province." Continued in 1768. +Carey and Bioren, _Laws_, I. 371, 451; Bettle, _Notices of Negro +Slavery_, in _Penn. Hist. Soc. Mem._ (1864), I. 388-9. + + +~1763, Nov. 26. Maryland: Additional L2 Duty Act.~ + +"An Act for imposing an additional Duty of Two Pounds per Poll on all +Negroes Imported into this Province." + +Sec. 1. All persons importing Negroes by land or water into this province, +shall at the time of entry pay to the naval officer the sum of two +pounds, current money, over and above the duties now payable by law, for +every Negro so imported or brought in, on forfeiture of L10 current +money for every Negro so brought in and not paid for. One half of the +penalty is to go to the informer, the other half to the use of the +county schools. The duty shall be collected, accounted for, and paid by +the naval officers, in the same manner as former duties on Negroes. + +Sec. 2. But persons removing from any other of his Majesty's dominions in +order to settle and reside within this province, may import their slaves +for carrying on their proper occupations at the time of removal, duty +free. + +Sec. 3. Importers of Negroes, exporting the same within two months of the +time of their importation, on application to the naval officer shall be +paid the aforesaid duty. Bacon, _Laws_, 1763, ch. xxviii. + + +~1763 (circa). New Jersey: Prohibitive Duty Act.~ + +"An Act for laying a duty on Negroes and Mulatto Slaves Imported into +this Province." Disallowed (?) by Great Britain. _N.J. Archives_, IX. +345-6, 383, 447, 458. + + +~1764, Aug. 25. South Carolina: Additional L100 Duty Act.~ + +"An Act for laying an additional duty upon all Negroes hereafter to be +imported into this Province, for the time therein mentioned, to be paid +by the first purchasers of such Negroes." Cooper, _Statutes_, IV 187. + + +~1766, November. Virginia: Proposed Duty Act.~ + +"An act for laying an additional duty upon slaves imported into this +colony." + +Sec. 1. " ... from and after the passing of this act there shall be levied +and paid ... for all slaves imported or brought into this colony for +sale, either by land or water from any port or place whatsoever, by the +buyer or purchaser, after the rate of ten per centum on the amount of +each respective purchase over and above the several duties already laid +upon slaves imported or brought into this colony as aforesaid," etc. To +be suspended until the king's consent is given, and then to continue +seven years. The same act was passed again in 1769. Hening, _Statutes_, +VIII. 237, 337. + + +~1766. Rhode Island: Restrictive Measure (?).~ + +Title and text not found. Cf. _Digest_ of 1798, under "Slave Trade;" +_Public Laws of Rhode Island_ (revision of 1822), p. 441. + + +~1768, Feb. 20. Pennsylvania: Re-enactment of Acts of 1761.~ + +Titles only found. Dallas, _Laws_, I. 490; _Colonial Records_ (1852), +IX. 472, 637, 641. + + +~1769, Nov. 16. New Jersey: L15 Duty Act.~ + +"An Act for laying a Duty on the Purchasers of Slaves imported into this +Colony." + +"Whereas Duties on the Importation of Negroes in several of the +neighbouring Colonies hath, on Experience, been found beneficial in the +Introduction of sober, industrious Foreigners, to settle under His +Majesty's Allegiance, and the promoting a Spirit of Industry among the +Inhabitants in general: _In order therefore_ to promote the same good +Designs in this Government, and that such as choose to purchase Slaves +may contribute some equitable Proportion of the publick Burdens," etc. +A duty of "_Fifteen Pounds_, Proclamation Money, is laid." _Acts of +Assembly_ (Allinson, 1776), p. 315. + + +~1769 (circa). Connecticut: Importation Prohibited (?).~ + +Title and text not found. "Whereas, the increase of slaves is injurious +to the poor, and inconvenient, therefore," etc. Fowler, _Historical +Status of the Negro in Connecticut_, in _Local Law_, etc., p. 125. + + +~1770. Rhode Island: Bill to Prohibit Importation.~ + +Bill to prohibit importation of slaves fails. Arnold, _History of Rhode +Island_ (1859), II. 304, 321, 337. + + +~1771, April 12. Massachusetts: Bill to Prevent Importation.~ + +Bill passes both houses and fails of Governor Hutchinson's assent. +_House Journal_, pp. 211, 215, 219, 228, 234, 236, 240, 242-3. + + +~1771. Maryland: Additional L5 Duty Act.~ + +"An Act for imposing a further additional duty of five pounds current +money per poll on all negroes imported into this province." For seven +years. _Laws of Maryland since 1763_: 1771, ch. vii.; cf. 1773, sess. +Nov.-Dec., ch. xiv. + + +~1772, April 1. Virginia: Address to the King.~ + +" ... The importation of slaves into the colonies from the coast of +Africa hath long been considered as a trade of great inhumanity, and +under its _present encouragement_, we have too much reason to fear _will +endanger the very existence_ of your majesty's American dominions.... + +"Deeply impressed with these sentiments, we most humbly beseech your +majesty to _remove all those restraints_ on your majesty's governors of +this colony, _which inhibit their assenting to such laws as might check +so very pernicious a commerce_." _Journals of the House of Burgesses_, +p. 131; quoted in Tucker, _Dissertation on Slavery_ (repr. 1861), p. 43. + + +~1773, Feb. 26. Pennsylvania: Additional L10 Duty Act.~ + +"An Act for making perpetual the act ... [of 1761] ... and laying an +additional duty on the said slaves." Dallas, _Laws_, I. 671; _Acts of +Assembly_ (ed. 1782), p. 149. + + +~1774, March, June. Massachusetts: Bills to Prohibit Importation.~ + +Two bills designed to prohibit the importation of slaves fail of the +governor's assent. First bill: _General Court Records_, XXX. 248, 264; +_Mass. Archives, Domestic Relations, 1643-1774_, IX. 457. Second bill: +_General Court Records_, XXX. 308, 322. + + +~1774, June. Rhode Island: Importation Restricted.~ + +"An Act prohibiting the importation of Negroes into this Colony." + +"Whereas, the inhabitants of America are generally engaged in the +preservation of their own rights and liberties, among which, that of +personal freedom must be considered as the greatest; as those who are +desirous of enjoying all the advantages of liberty themselves, should be +willing to extend personal liberty to others;-- + +"Therefore, be it enacted ... that for the future, no negro or mulatto +slave shall be brought into this colony; and in case any slave shall +hereafter be brought in, he or she shall be, and are hereby, rendered +immediately free, so far as respects personal freedom, and the enjoyment +of private property, in the same manner as the native Indians." + +"Provided that the slaves of settlers and travellers be excepted. + +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave brought from the coast of Africa, +into the West Indies, on board any vessel belonging to this colony, and +which negro or mulatto slave could not be disposed of in the West +Indies, but shall be brought into this colony. + +"Provided, that the owner of such negro or mulatto slave give bond to +the general treasurer of the said colony, within ten days after such +arrival in the sum of L100, lawful money, for each and every such negro +or mulatto slave so brought in, that such negro or mulatto slave shall +be exported out of the colony, within one year from the date of such +bond; if such negro or mulatto be alive, and in a condition to be +removed." + +"Provided, also, that nothing in this act shall extend, or be deemed to +extend, to any negro or mulatto slave that may be on board any vessel +belonging to this colony, now at sea, in her present voyage." Heavy +penalties are laid for bringing in Negroes in order to free them. +_Colonial Records_, VII. 251-3. + +[1784, February: "It is voted and resolved, that the whole of the clause +contained in an act of this Assembly, passed at June session, +A.D. 1774, permitting slaves brought from the coast of Africa +into the West Indies, on board any vessel belonging to this (then +colony, now) state, and who could not be disposed of in the West Indies, +&c., be, and the same is, hereby repealed." _Colonial Records_, X. 8.] + + +~1774, October. Connecticut: Importation Prohibited.~ + +"An Act for prohibiting the Importation of Indian, Negro or Molatto +Slaves." + +" ... no indian, negro or molatto Slave shall at any time hereafter be +brought or imported into this Colony, by sea or land, from any place or +places whatsoever, to be disposed of, left or sold within this Colony." +This was re-enacted in the revision of 1784, and slaves born after 1784 +were ordered to be emancipated at the age of twenty-five. _Colonial +Records_, XIV. 329; _Acts and Laws of Connecticut_ (ed. 1784), pp. +233-4. + + +~1774. New Jersey: Proposed Prohibitive Duty.~ + +"A Bill for laying a Duty on Indian, Negroe and Molatto Slaves, imported +into this Colony." Passed the Assembly, and was rejected by the Council +as "plainly" intending "an intire Prohibition," etc. _N.J. Archives_, +1st Series, VI. 222. + + +~1775, March 27. Delaware: Bill to Prohibit Importation.~ + +Passed the Assembly and was vetoed by the governor. Force, _American +Archives_, 4th Series, II. 128-9. + + +~1775, Nov. 23. Virginia: On Lord Dunmore's Proclamation.~ + +Williamsburg Convention to the public: "Our Assemblies have repeatedly +passed acts, laying heavy duties upon imported Negroes, by which they +meant altogether to prevent the horrid traffick; but their humane +intentions have been as often frustrated by the cruelty and covetousness +of a set of _English_ merchants." ... The Americans would, if possible, +"not only prevent any more Negroes from losing their freedom, but +restore it to such as have already unhappily lost it." This is evidently +addressed in part to Negroes, to keep them from joining the British. +_Ibid._, III. 1387. + + +~1776, June 29. Virginia: Preamble to Frame of Government.~ + +Blame for the slave-trade thrown on the king. See above, page 21. +Hening, _Statutes_, IX. 112-3. + + +~1776, Aug.-Sept. Delaware: Constitution.~ + +"The Constitution or system of Government agreed to and resolved upon by +the Representatives in full Convention of the Delaware State," etc. + +Sec. 26. "No person hereafter imported into this State from _Africa_ ought +to be held in slavery on any pretence whatever; and no Negro, Indian, or +Mulatto slave ought to be brought into this State, for sale, from any +part of the world." Force, _American Archives_, 5th Series, I. 1174-9. + + +~1777, July 2. Vermont: Slavery Condemned.~ + +The first Constitution declares slavery a violation of "natural, +inherent and unalienable rights." _Vermont State Papers, 1779-86_, p. +244. + + +~1777. Maryland: Negro Duty Maintained.~ + +"An Act concerning duties." + +" ... no duties imposed by act of assembly on any article or thing +imported into or exported out of this state (except duties imposed on +the importation of negroes), shall be taken or received within two years +from the end of the present session of the general assembly." _Laws of +Maryland since 1763_: 1777, sess. Feb.-Apr., ch. xviii. + + +~1778, Sept. 7. Pennsylvania: Act to Collect Back Duties.~ + +"An Act for the recovery of the duties on Negroes and Mulattoe slaves, +which on the fourth day of July, one thousand seven hundred and +seventy-six, were due to this state," etc. Dallas, _Laws_, I. 782. + + +~1778, October. Virginia: Importation Prohibited.~ + +"An act for preventing the farther importation of Slaves. + +Sec. 1. "For preventing the farther importation of slaves into this +commonwealth, _Be it enacted by the General Assembly_, That from and +after the passing of this act no slave or slaves shall hereafter be +imported into this commonwealth by sea or land, nor shall any slaves so +imported be sold or bought by any person whatsoever. + +Sec. 2. "Every person hereafter importing slaves into this commonwealth +contrary to this act shall forfeit and pay the sum of one thousand +pounds for every slave so imported, and every person selling or buying +any such slaves shall in like manner forfeit and pay the sum of five +hundred pounds for every slave so sold or bought," etc. + +Sec. 3. "_And be it farther enacted_, That every slave imported into this +commonwealth, contrary to the true intent and meaning of this act, +shall, upon such importation become free." + +Sec. 4. Exceptions are _bona fide_ settlers with slaves not imported later +than Nov. 1, 1778, nor intended to be sold; and transient travellers. +Re-enacted in substance in the revision of October, 1785. For a +temporary exception to this act, as concerns citizens of Georgia and +South Carolina during the war, see Act of May, 1780. Hening, _Statutes_, +IX. 471; X. 307; XII. 182. + + +~1779, October. Rhode Island: Slave-Trade Restricted.~ + +"An Act prohibiting slaves being sold out of the state, against their +consent." Title only found. _Colonial Records_, VIII. 618; Arnold, +_History of Rhode Island_, II. 449. + + +~1779. Vermont: Importation Prohibited.~ + +"An Act for securing the general privileges of the people," etc. The act +abolished slavery. _Vermont State Papers, 1779-86_, p. 287. + + +~1780. Massachusetts: Slavery Abolished.~ + +Passage in the Constitution which was held by the courts to abolish +slavery: "Art. I. All men are born free and equal, and have certain, +natural, essential, and unalienable rights; among which may be reckoned +the right of enjoying and defending their lives and liberties," etc. +_Constitution of Massachusetts_, Part I., Art. 1; prefixed to _Perpetual +Laws_ (1789). + + +~1780, March 1. Pennsylvania: Slavery Abolished.~ + +"An Act for the gradual abolition of slavery." + +Sec. 5. All slaves to be registered before Nov. 1. + +Sec. 10. None but slaves "registered as aforesaid, shall, at any time +hereafter, be deemed, adjudged, or holden, within the territories of +this commonwealth, as slaves or servants for life, but as free men and +free women; except the domestic slaves attending upon Delegates in +Congress from the other American States," and those of travellers not +remaining over six months, foreign ministers, etc., "provided such +domestic slaves be not aliened or sold to any inhabitant," etc. + +Sec. 11. Fugitive slaves from other states may be taken back. + +Sec. 14. Former duty acts, etc., repealed. Dallas, _Laws_, I. 838. Cf. +_Penn. Archives_, VII. 79; VIII. 720. + + +~1783, April. Confederation: Slave-Trade in Treaty of 1783.~ + +"To the earnest wish of Jay that British ships should have no right +under the convention to carry into the states any slaves from any part +of the world, it being the intention of the United States entirely to +prohibit their importation, Fox answered promptly: 'If that be their +policy, it never can be competent to us to dispute with them their own +regulations.'" Fox to Hartley, June 10, 1783, in Bancroft, _History of +the Constitution_, I. 61. Cf. Sparks, _Diplomatic Correspondence_, X. +154, June, 1783. + + +~1783. Maryland: Importation Prohibited.~ + +"An Act to prohibit the bringing slaves into this state." + +" ... it shall not be lawful, after the passing this act, to import or +bring into this state, by land or water, any negro, mulatto, or other +slave, for sale, or to reside within this state; and any person brought +into this state as a slave contrary to this act, if a slave before, +shall thereupon immediately cease to be a slave, and shall be free; +provided that this act shall not prohibit any person, being a citizen of +some one of the United States, coming into this state, with a _bona +fide_ intention of settling therein, and who shall actually reside +within this state for one year at least, ... to import or bring in any +slave or slaves which before belonged to such person, and which slave or +slaves had been an inhabitant of some one of the United States, for the +space of three whole years next preceding such importation," etc. _Laws +of Maryland since 1763_: 1783, sess. April--June, ch. xxiii. + + +~1783, Aug. 13. South Carolina: L3 and L20 Duty Act.~ + +"An Act for levying and collecting certain duties and imposts therein +mentioned, in aid of the public revenue." Cooper, _Statutes_, IV. 576. + + +~1784, February. Rhode Island: Manumission.~ + +"An Act authorizing the manumission of negroes, mulattoes, and others, +and for the gradual abolition of slavery." Persons born after March, +1784, to be free. Bill framed pursuant to a petition of Quakers. +_Colonial Records_, X. 7-8; Arnold, _History of Rhode Island_, II. 503. + + +~1784, March 26. South Carolina: L3 and L5 Duty Act.~ + +"An Act for levying and collecting certain Duties," etc. Cooper, +_Statutes_, IV. 607. + + +~1785, April 12. New York: Partial Prohibition.~ + +"An Act granting a bounty on hemp to be raised within this State, and +imposing an additional duty on sundry articles of merchandise, and for +other purposes therein mentioned." + +" ... _And be it further enacted by the authority aforesaid_, That if +any negro or other person to be imported or brought into this State from +any of the United States or from any other place or country after the +first day of June next, shall be sold as a slave or slaves within this +State, the seller or his or her factor or agent, shall be deemed guilty +of a public offence, and shall for every such offence forfeit the sum of +one hundred pounds lawful money of New York, to be recovered by any +person," etc. + +"_And be it further enacted_ ... That every such person imported or +brought into this State and sold contrary to the true intent and meaning +of this act shall be freed." _Laws of New York, 1785-88_ (ed. 1886), pp. +120-21. + + +~1785. Rhode Island: Restrictive Measure (?).~ + +Title and text not found. Cf. _Public Laws of Rhode Island_ (revision of +1822), p. 441. + + +~1786, March 2. New Jersey: Importation Prohibited.~ + +"An Act to prevent the importation of Slaves into the State of New +Jersey, and to authorize the Manumission of them under certain +restrictions, and to prevent the Abuse of Slaves." + +"Whereas the Principles of Justice and Humanity require that the +barbarous Custom of bringing the unoffending African from his native +Country and Connections into a State of Slavery ought to be +discountenanced, and as soon as possible prevented; and sound Policy +also requires, in order to afford ample Support to such of the Community +as depend upon their Labour for their daily Subsistence, that the +Importation of Slaves into this State from any other State or Country +whatsoever, ought to be prohibited under certain Restrictions; and that +such as are under Servitude in the State ought to be protected by Law +from those Exercises of Wanton Cruelty too often practiced upon them; +and that every unnecessary Obstruction in the Way of freeing Slaves +should be removed; therefore, + +Sec. 1. "_Be it Enacted by the Council and General Assembly of this State, +and it is hereby Enacted by the Authority of the same_, That from and +after the Publication of this Act, it shall not be lawful for any Person +or Persons whatsoever to bring into this State, either for Sale or for +Servitude, any Negro Slave brought from Africa since the Year Seventeen +Hundred and Seventy-six; and every Person offending by bringing into +this State any such Negro Slave shall, for each Slave, forfeit and Pay +the Sum of Fifty Pounds, to be sued for and recovered with Costs by the +Collector of the Township into which such Slave shall be brought, to be +applied when recovered to the Use of the State. + +Sec. 2. "_And be it further Enacted by the Authority aforesaid_, That if +any Person shall either bring or procure to be brought into this State, +any Negro or Mulatto Slave, who shall not have been born in or brought +from Africa since the Year above mentioned, and either sell or buy, or +cause such Negro or Mulatto Slave to be sold or remain in this State, +for the Space of six Months, every such Person so bringing or procuring +to be brought or selling or purchasing such Slave, not born in or +brought from Africa since the Year aforesaid, shall for every such +Slave, forfeit and pay the Sum of Twenty Pounds, to be sued for and +recovered with Costs by the Collector of the Township into which such +Slave shall be brought or remain after the Time limited for that +Purpose, the Forfeiture to be applied to the Use of the State as +aforesaid. + +Sec. 3. "_Provided always, and be it further Enacted by the Authority +aforesaid_, That Nothing in this Act contained shall be construed to +prevent any Person who shall remove into the State, to take a settled +Residence here, from bringing all his or her Slaves without incurring +the Penalties aforesaid, excepting such Slaves as shall have been +brought from Africa since the Year first above mentioned, or to prevent +any Foreigners or others having only a temporary Residence in this +State, for the Purpose of transacting any particular Business, or on +their Travels, from bringing and employing such Slaves as Servants, +during the Time of his or her Stay here, provided such Slaves shall not +be sold or disposed of in this State." _Acts of the Tenth General +Assembly_ (Tower Collection of Laws). + + +~1786, Oct. 30. Vermont: External Trade Prohibited.~ + +"An act to prevent the sale and transportation of Negroes and Molattoes +out of this State." L100 penalty. _Statutes of Vermont_ (ed. 1787), p. +105. + + +~1786. North Carolina: Prohibitive Duty.~ + +"An act to impose a duty on all slaves brought into this state by land +or water." + +"Whereas the importation of slaves into this state is productive of evil +consequences, and highly impolitic," etc. A prohibitive duty is imposed. +The exact text was not found. + +Sec. 6. Slaves introduced from States which have passed emancipation acts +are to be returned in three months; if not, a bond of L50 is to be +forfeited, and a fine of L100 imposed. + +Sec. 8. Act to take effect next Feb. 1; repealed by Act of 1790, ch. 18. +Martin, _Iredell's Acts of Assembly_, I. 413, 492. + + +~1787, Feb. 3. Delaware: Exportation Prohibited.~ + +"An Act to prevent the exportation of slaves, and for other purposes." +_Laws of Delaware_ (ed. 1797), p. 884, ch. 145 b. + + +~1787, March 28. South Carolina: Total Prohibition.~ + +"An Act to regulate the recovery and payment of debts and for +prohibiting the importation of negroes for the time therein mentioned." +Title only given. Grimke, _Public Laws_, p. lxviii, No. 1485. + + +~1787, March 28. South Carolina: Importation Prohibited.~ + +"An Ordinance to impose a Penalty on any person who shall import into +this State any Negroes, contrary to the Instalment Act." + +1. "_Be it ordained_, by the honorable the Senate and House of +Representatives, met in General Assembly, and by the authority of the +same, That any person importing or bringing into this State a negro +slave, contrary to the Act to regulate the recovery of debts and +prohibiting the importation of negroes, shall, besides the forfeiture of +such negro or slave, be liable to a penalty of one hundred pounds, to +the use of the State, for every such negro or slave so imported and +brought in, in addition to the forfeiture in and by the said Act +prescribed." Cooper, _Statutes_, VII. 430. + + +~1787, October. Rhode Island: Importation Prohibited.~ + +"An act to prevent the slave trade and to encourage the abolition of +slavery." This act prohibited and censured trade under penalty of L100 +for each person and L1,000 for each vessel. Bartlett, _Index to the +Printed Acts and Resolves_, p. 333; _Narragansett Historical Register_, +II. 298-9. + + * * * * * + + + +APPENDIX B. + +A CHRONOLOGICAL CONSPECTUS OF STATE, NATIONAL, AND INTERNATIONAL +LEGISLATION. + +1788-1871. + + + As the State statutes and Congressional reports and bills are + difficult to find, the significant parts of such documents are + printed in full. In the case of national statutes and treaties, + the texts may easily be found through the references. + + +~1788, Feb. 22. New York: Slave-Trade Prohibited.~ + +"An Act concerning slaves." + +"Whereas in consequence of the act directing a revision of the laws of +this State, it is expedient that the several existing laws relative to +slaves, should be revised, and comprized in one. Therefore, _Be it +enacted_," etc. + +"And to prevent the further importation of slaves into this State, _Be +it further enacted by the authority aforesaid_, That if any person shall +sell as a slave within this State any negro, or other person, who has +been imported or brought into this State, after" June 1, 1785, "such +seller, or his or her factor or agent, making such sale, shall be deemed +guilty of a public offence, and shall for every such offence, forfeit +the sum of one hundred pounds.... _And further_, That every person so +imported ... shall be free." The purchase of slaves for removal to +another State is prohibited under penalty of L100. _Laws of New York, +1785-88_ (ed. 1886), pp. 675-6. + + +~1788, March 25. Massachusetts: Slave-Trade Prohibited.~ + +"An Act to prevent the Slave-Trade, and for granting Relief to the +Families of such unhappy Persons as may be kidnapped or decoyed away +from this Commonwealth." + +"Whereas by the African trade for slaves, the lives and liberties of +many innocent persons have been from time to time sacrificed to the lust +of gain: And whereas some persons residing in this Commonwealth may be +so regardless of the rights of human kind, as to be concerned in that +unrighteous commerce: + +Sec. 1. "Be it therefore enacted by the Senate and House of Representatives, +in General Court assembled, and by the authority of the same, That no +citizen of this Commonwealth, or other person residing within the same, +shall for himself, or any other person whatsoever, either as master, +factor, supercargo, owner or hirer, in whole or in part, of any vessel, +directly or indirectly, import or transport, or buy or sell, or receive +on board, his or their vessel, with intent to cause to be imported or +transported, any of the inhabitants of any State or Kingdom, in that +part of the world called _Africa_, as slaves, or as servants for term of +years." Any person convicted of doing this shall forfeit and pay the sum +of L50 for every person received on board, and the sum of L200 for every +vessel fitted out for the trade, "to be recovered by action of debt, in +any Court within this Commonwealth, proper to try the same; the one +moiety thereof to the use of this Commonwealth, and the other moiety to +the person who shall prosecute for and recover the same." + +Sec. 2. All insurance on said vessels and cargo shall be null and void; +"and this act may be given in evidence under the general issue, in any +suit or action commenced for the recovery of insurance so made," etc. + +Sec. 4. "_Provided_ ... That this act do not extend to vessels which have +already sailed, their owners, factors, or commanders, for and during +their present voyage, or to any insurance that shall have been made, +previous to the passing of the same." _Perpetual Laws of Massachusetts, +1780-89_ (ed. 1789), p. 235. + + +~1788, March 29. Pennsylvania: Slave-Trade Prohibited.~ + +"An Act to explain and amend an act, entituled, 'An Act for the gradual +abolition of slavery.'" + +Sec. 2. Slaves brought in by persons intending to settle shall be free. + +Sec. 3. " ... no negro or mulatto slave, or servant for term of years," +except servants of congressmen, consuls, etc., "shall be removed out of +this state, with the design and intention that the place of abode or +residence of such slave or servant shall be thereby altered or changed, +or with the design and intention that such slave or servant, if a +female, and pregnant, shall be detained and kept out of this state till +her delivery of the child of which she is or shall be pregnant, or with +the design and intention that such slave or servant shall be brought +again into this state, after the expiration of six months from the time +of such slave or servant having been first brought into this state, +without his or her consent, if of full age, testified upon a private +examination, before two Justices of the peace of the city or county in +which he or she shall reside, or, being under the age of twenty-one +years, without his or her consent, testified in manner aforesaid, and +also without the consent of his or her parents," etc. Penalty for every +such offence, L75. + +Sec. 5. " ... if any person or persons shall build, fit, equip, man, or +otherwise prepare any ship or vessel, within any port of this state, or +shall cause any ship or other vessel to sail from any port of this +state, for the purpose of carrying on a trade or traffic in slaves, to, +from, or between Europe, Asia, Africa or America, or any places or +countries whatever, or of transporting slaves to or from one port or +place to another, in any part or parts of the world, such ship or +vessel, her tackle, furniture, apparel, and other appurtenances, shall +be forfeited to the commonwealth.... And, moreover, all and every person +and persons so building, fitting out," etc., shall forfeit L1000. +Dallas, _Laws_, II. 586. + + +~1788, October. Connecticut: Slave-Trade Prohibited.~ + +"An Act to prevent the Slave-Trade." + +_"Be it enacted by the Governor, Council and Representatives in General +Court assembled, and by the Authority of the same_, That no Citizen or +Inhabitant of this State, shall for himself, or any other Person, either +as Master, Factor, Supercargo, Owner or Hirer, in Whole, or in Part, of +any Vessel, directly or indirectly, import or transport, or buy or sell, +or receive on board his or her Vessel, with Intent to cause to be +imported or transported, any of the Inhabitants of any Country in +Africa, as Slaves or Servants, for Term of Years; upon Penalty of _Fifty +Pounds_, for every Person so received on board, as aforesaid; and of +_Five Hundred Pounds_ for every such Vessel employed in the Importation +or Transportation aforesaid; to be recovered by Action, Bill, Plaint or +Information; the one Half to the Plaintiff, and the other Half to the +Use of this State." And all insurance on vessels and slaves shall be +void. This act to be given as evidence under general issue, in any suit +commenced for recovery of such insurance. + +" ... if any Person shall kidnap ... any free Negro," etc., inhabitant +of this State, he shall forfeit L100. Every vessel clearing for the +coast of Africa or any other part of the world, and suspected to be in +the slave-trade, must give bond in L1000. Slightly amended in 1789. +_Acts and Laws of Connecticut_ (ed. 1784), pp. 368-9, 388. + + +~1788, Nov. 4. South Carolina: Temporary Prohibition.~ + +"An Act to regulate the Payment and Recovery of Debts, and to prohibit +the Importation of Negroes, for the Time therein limited." + +Sec. 16. "No negro or other slave shall be imported or brought into this +State either by land or water on or before the first of January, 1793, +under the penalty of forfeiting every such slave or slaves to any person +who will sue or inform for the same; and under further penalty of +paying L100 to the use of the State for every such negro or slave so +imported or brought in: _Provided_, That nothing in this prohibition +contained shall extend to such slaves as are now the property of +citizens of the United States, and at the time of passing this act shall +be within the limits of the said United States. + +Sec. 17. "All former instalment laws, and an ordinance imposing a penalty +on persons importing negroes into this State, passed the 28th day of +March 1787, are hereby repealed." Grimke, _Public Laws_, p. 466. + + +~1789, Feb. 3. Delaware: Slave-Trade Prohibited.~ + +"_An additional Supplementary_ ACT _to an act, intituled_, An act to +prevent the exportation of slaves, and for other purposes." + +"Whereas it is inconsistent with that spirit of general liberty which +pervades the constitution of this state, that vessels should be fitted +out, or equipped, in any of the ports thereof, for the purpose of +receiving and transporting the natives of Africa to places where they +are held in slavery; or that any acts should be deemed lawful, which +tend to encourage or promote such iniquitous traffic among us: + +Sec. 1. "_Be it therefore enacted by the General Assembly of Delaware_, +That if any owner or owners, master, agent, or factor, shall fit out, +equip, man, or otherwise prepare, any ship or vessel within any port or +place in this state, or shall cause any ship, or other vessel, to sail +from any port or place in this state, for the purpose of carrying on a +trade or traffic in slaves, to, from, or between, Europe, Asia, Africa, +or America, or any places or countries whatever, or of transporting +slaves to, or from, one port or place to another, in any part or parts +of the world; such ship or vessel, her tackle, furniture, apparel, and +other appurtenances, shall be forfeited to this state.... And moreover, +all and every person and persons so fitting out ... any ship or vessel +... shall severally forfeit and pay the sum of Five Hundred Pounds;" +one-half to the state, and one-half to the informer. + +Sec. 2. "_And whereas_ it has been found by experience, that the act, +intituled, _An act to prevent the exportation of slaves, and for other +purposes_, has not produced all the good effects expected therefrom," +any one exporting a slave to Maryland, Virginia, North Carolina, South +Carolina, Georgia, or the West Indies, without license, shall forfeit +L100 for each slave exported and L20 for each attempt. + +Sec. 3. Slaves to be tried by jury for capital offences. _Laws of Delaware_ +(ed. 1797), p. 942, ch. 194 b. + + +~1789, May 13. Congress (House): Proposed Duty on Slaves Imported.~ + +A tax of $10 per head on slaves imported, moved by Parker of Virginia. +After debate, withdrawn. _Annals of Cong._, 1 Cong. 1 sess. pp. 336-42. + + +~1789, Sept. 19. Congress (House): Bill to Tax Slaves Imported.~ + +A committee under Parker of Virginia reports, "a bill concerning the +importation of certain persons prior to the year 1808." Read once and +postponed until next session. _House Journal_ (repr. 1826), 1 Cong. 1 +sess. I. 37, 114; _Annals of Cong._, 1 Cong. 1 sess., pp. 366, 903. + + +~1790, March 22. Congress (House): Declaration of Powers.~ + +See above, pages 82-83. + + +~1790, March 22. New York: Amendment of Act of 1788.~ + +"An Act to amend the act entitled 'An act concerning slaves.'" + +"Whereas many inconveniences have arisen from the prohibiting the +exporting of slaves from this State. Therefore + +"_Be it enacted_ ..., That where any slave shall hereafter be convicted +of a crime under the degree of a capital offence, in the supreme court, +or the court of oyer and terminer, and general gaol delivery, or a court +of general sessions of the peace within this State, it shall and may be +lawful to and for the master or mistress to cause such slave to be +transported out of this State," etc. _Laws of New York, 1789-96_ (ed. +1886), p. 151. + + +~1792, May. Connecticut: Act of 1788 Strengthened.~ + +"An Act in addition to an Act, entitled 'An Act to prevent the Slave +Trade.'" + +This provided that persons directly or indirectly aiding or assisting in +slave-trading should be fined L100. All notes, bonds, mortgages, etc., +of any kind, made or executed in payment for any slave imported contrary +to this act, are declared null and void. Persons removing from the State +might carry away their slaves. _Acts and Laws of Connecticut_ (ed. +1784), pp. 412-3. + + +~1792, Dec. 17. Virginia: Revision of Acts.~ + +"An Act to reduce into one, the several acts concerning slaves, free +negroes, and mulattoes." + +Sec. 1. "_Be it enacted_ ..., That no persons shall henceforth be slaves +within this commonwealth, except such as were so on the seventeenth day +of October," 1785, "and the descendants of the females of them." + +Sec. 2. "Slaves which shall hereafter be brought into this commonwealth, +and kept therein one whole year together, or so long at different times +as shall amount to one year, shall be free." + +Sec. 4. "_Provided_, That nothing in this act contained, shall be construed +to extend to those who may incline to remove from any of the United +States and become citizens of this, if within sixty days after such +removal, he or she shall take the following oath before some justice of +the peace of this commonwealth: '_I, A.B., do swear, that my removal +into the state of Virginia, was with no intent of evading the laws for +preventing the further importation of slaves, nor have I brought with me +any slaves, with an intention of selling them, nor have any of the +slaves which I have brought with me, been imported from Africa, or any +of the West India islands, since the first day of November_,'" 1778, +etc. + +Sec. 53. This act to be in force immediately. _Statutes at Large of +Virginia, New Series_, I. 122. + + +~1792, Dec. 21. South Carolina: Importation Prohibited until 1795.~ + +"An Act to prohibit the importation of Slaves from Africa, or other +places beyond sea, into this State, for two years; and also to prohibit +the importation or bringing in Slaves, or Negroes, Mulattoes, Indians, +Moors or Mestizoes, bound for a term of years, from any of the United +States, by land or by water." + +"Whereas, it is deemed inexpedient to increase the number of slaves +within this State, in our present circumstances and situation; + +Sec. 1. "_Be it therefore enacted_ ..., That no slave shall be imported +into this State from Africa, the West India Islands, or other place +beyond sea, for and during the term of two years, commencing from the +first day of January next, which will be in the year of our Lord one +thousand seven hundred and ninety-three." + +Sec. 2. No slaves, Negroes, Indians, etc., bound for a term of years, to be +brought in from any of the United States or bordering countries. +Settlers may bring their slaves. Cooper, _Statutes_, VII. 431. + + +~1793, Dec. 19. Georgia: Importation Prohibited.~ + +"An act to prevent the importation of negroes into this state from the +places herein mentioned." Title only. Re-enacted (?) by the Constitution +of 1798. Marbury and Crawford, _Digest_, p. 442; Prince, _Digest_, p. +786. + + +~1794, North Carolina: Importation Prohibited.~ + +"An act to prevent the further importation and bringing of slaves and +indented servants of colour into this state." + +Sec. 1. "_Be it enacted_ ..., That from and after the first day of May +next, no slave or indented servant of colour shall be imported or +brought into this state by land or water; nor shall any slave or +indented servant of colour, who may be imported or brought contrary to +the intent and meaning of this act, be bought, sold or hired by any +person whatever." + +Sec. 2. Penalty for importing, L100 per slave; for buying or selling, the +same. + +Sec. 4. Persons removing, travelling, etc., are excepted. The act was +amended slightly in 1796. Martin, _Iredell's Acts of Assembly_, II. 53, +94. + + +~1794, March 22. United States Statute: Export Slave-Trade Forbidden.~ + +"An Act to prohibit the carrying on the Slave Trade from the United +States to any foreign place or country." _Statutes at Large_, I. 347. +For proceedings in Congress, see _Senate Journal_ (repr. 1820), 3 Cong. +1 sess. II. 51; _House Journal_ (repr. 1826), 3 Cong. 1 sess. II. 76, +84, 85, 96, 98, 99, 100; _Annals of Cong._, 3 Cong. 1 sess. pp. 64, 70, +72. + + +~1794, Dec. 20. South Carolina: Act of 1792 Extended.~ + +"An Act to revive and extend an Act entitled 'An Act to prohibit the +importation of Slaves from Africa, or other places beyond Sea, into this +State, for two years; and also, to prohibit the importation or bringing +in of Negro Slaves, Mulattoes, Indians, Moors or Mestizoes, bound for a +term of years, from any of the United States, by Land or Water.'" + +Sec. 1. Act of 1792 extended until Jan. 1, 1797. + +Sec. 2. It shall not be lawful hereafter to import slaves, free Negroes, +etc., from the West Indies, any part of America outside the United +States, "or from other parts beyond sea." Such slaves are to be +forfeited and sold; the importer to be fined L50; free Negroes to be +re-transported. Cooper, _Statutes_, VII. 433. + + +~1795. North Carolina: Act against West Indian Slaves.~ + +"An act to prevent any person who may emigrate from any of the West +India or Bahama islands, or the French, Dutch or Spanish settlements on +the southern coast of America, from bringing slaves into this state, and +also for imposing certain restrictions on free persons of colour who +may hereafter come into this state." Penalty, L100 for each slave over +15 years of age. _Laws of North Carolina_ (revision of 1819), I. 786. + + +~1796. Maryland: Importation Prohibited.~ + +"An Act relating to Negroes, and to repeal the acts of assembly therein +mentioned." + +"_Be it enacted_ ..., That it shall not be lawful, from and after the +passing of this act, to import or bring into this state, by land or +water, any negro, mulatto or other slave, for sale, or to reside within +this state; and any person brought into this state as a slave contrary +to this act, if a slave before, shall thereupon immediately cease to be +the property of the person or persons so importing or bringing such +slave within this state, and shall be free." + +Sec. 2. Any citizen of the United States, coming into the State to take up +_bona fide_ residence, may bring with him, or within one year import, +any slave which was his property at the time of removal, "which slaves, +or the mother of which slaves, shall have been a resident of the United +States, or some one of them, three whole years next preceding such +removal." + +Sec. 3. Such slaves cannot be sold within three years, except by will, etc. +In 1797, "A Supplementary Act," etc., slightly amended the preceding, +allowing guardians, executors, etc., to import the slaves of the estate. +Dorsey, _Laws_, I. 334, 344. + + +~1796, Dec. 19. South Carolina: Importation Prohibited until 1799.~ + +"An Act to prohibit the importation of Negroes, until the first day of +January, one thousand seven hundred and ninety-nine." + +"Whereas, it appears to be highly impolitic to import negroes from +Africa, or other places beyond seas," etc. Extended by acts of Dec. 21, +1798, and Dec. 20, 1800, until Jan. 1, 1803. Cooper, _Statutes_, VII. +434, 436. + + +~1797, Jan. 18. Delaware: Codification of Acts.~ + +"An Act concerning Negro and Mulatto slaves." + +Sec. 5. " ... any Negro or Mulatto slave, who hath been or shall be brought +into this state contrary to the intent and meaning of [the act of 1787]; +and any Negro or Mulatto slave who hath been or shall be exported, or +sold with an intention for exportation, or carried out for sale from +this state, contrary to the intent and meaning of [the act of 1793], +shall be, and are hereby declared free; any thing in this act to the +contrary notwithstanding." _Laws of Delaware_ (ed. 1797), p. 1321, ch. +124 c. + + +~1798, Jan. 31. Georgia: Importation Prohibited.~ + +"An act to prohibit the further importation of slaves into this state." + +Sec. 1. " ... six months after the passing of this act, it shall be +unlawful for any person or persons to import into this state, from +Africa or elsewhere, any negro or negroes of any age or sex." Every +person so offending shall forfeit for the first offence the sum of +$1,000 for every negro so imported, and for every subsequent offence the +sum of $1,000, one half for the use of the informer, and one half for +the use of the State. + +Sec. 2. Slaves not to be brought from other States for sale after three +months. + +Sec. 3. Persons convicted of bringing slaves into this State with a view to +sell them, are subject to the same penalties as if they had sold them. +Marbury and Crawford, _Digest_, p. 440. + + +~1798, March 14. New Jersey: Slave-Trade Prohibited.~ + +"An Act respecting slaves." + +Sec. 12. "_And be it enacted_, That from and after the passing of this act, +it shall not be lawful for any person or persons whatsoever, to bring +into this state, either for sale or for servitude, any negro or other +slave whatsoever." Penalty, $140 for each slave; travellers and +temporary residents excepted. + +Sec. 17. Any persons fitting out vessels for the slave-trade shall forfeit +them. Paterson, _Digest_, p. 307. + + +~1798, April 7. United States Statute: Importation into Mississippi +Territory Prohibited.~ + +"An Act for an amicable settlement of limits with the state of Georgia, +and authorizing the establishment of a government in the Mississippi +territory." _Statutes at Large_, I. 549. For proceedings in Congress, +see _Annals of Cong._, 5 Cong. 2 sess. pp. 511, 512, 513, 514, 515, 532, +533, 1235, 1249, 1277-84, 1296, 1298-1312, 1313, 1318. + + +~1798, May 30. Georgia: Constitutional Prohibition.~ + +Constitution of Georgia:-- + +Art. IV Sec. 11. "There shall be no future importation of slaves into this +state from Africa, or any foreign place, after the first day of October +next. The legislature shall have no power to pass laws for the +emancipation of slaves, without the consent of each of their respective +owners previous to such emancipation. They shall have no power to +prevent emigrants, from either of the United States to this state, from +bringing with them such persons as may be deemed slaves, by the laws of +any one of the United States." Marbury and Crawford, _Digest_, p. 30. + + +~1800, May 10. United States Statute: Americans Forbidden to Trade from +one Foreign Country to Another.~ + +"An Act in addition to the act intituled 'An act to prohibit the +carrying on the Slave Trade from the United States to any foreign place +or country.'" _Statutes at Large_, II. 70. For proceedings in Congress, +see _Senate Journal_ (repr. 1821), 6 Cong. 1 sess. III. 72, 77, 88, 92. + + +~1800, Dec. 20. South Carolina: Slaves and Free Negroes Prohibited.~ + +"An Act to prevent Negro Slaves and other persons of Colour, from being +brought into or entering this State." Supplemented Dec. 19, 1801, and +amended Dec. 18, 1802. Cooper, _Statutes_, VII. 436, 444, 447. + + +~1801, April 8. New York: Slave-Trade Prohibited.~ + +"An Act concerning slaves and servants." + +" ... _And be it further enacted_, That no slave shall hereafter be +imported or brought into this State, unless the person importing or +bringing such slave shall be coming into this State with intent to +reside permanently therein and shall have resided without this State, +and also have owned such slave at least during one year next preceding +the importing or bringing in of such slave," etc. A certificate, sworn +to, must be obtained; any violation of this act or neglect to take out +such certificate will result in freedom to the slave. Any sale or +limited transfer of any person hereafter imported to be a public +offence, under penalty of $250, and freedom to the slave transferred. +The export of slaves or of any person freed by this act is forbidden, +under penalty of $250 and freedom to the slave. Transportation for crime +is permitted. Re-enacted with amendments March 31, 1817. _Laws of New +York, 1801_ (ed. 1887), pp. 547-52; _Laws of New York, 1817_ (ed. 1817), +p. 136. + + +~1803, Feb. 28. United States Statute: Importation into States +Prohibiting Forbidden.~ + +"An Act to prevent the importation of certain persons into certain +states, where, by the laws thereof, their admission is prohibited." +_Statutes at Large_, II. 205. For copy of the proposed bill which this +replaced, see _Annals of Cong._, 7 Cong. 2 sess. p. 467. For proceedings +in Congress, see _House Journal_ (repr. 1826), 7 Cong. 2 sess. IV 304, +324, 347; _Senate Journal_ (repr. 1821), 7 Cong. 2 sess. III. 267, 268, +269-70, 273, 275, 276, 279. + + +~1803, Dec. 17. South Carolina: African Slaves Admitted.~ + +"An Act to alter and amend the several Acts respecting the importation +or bringing into this State, from beyond seas, or elsewhere, Negroes and +other persons of colour; and for other purposes therein mentioned." + +Sec. 1. Acts of 1792, 1794, 1796, 1798, 1800, 1802, hereby repealed. + +Sec. 2. Importation of Negroes from the West Indies prohibited. + +Sec. 3. No Negro over fifteen years of age to be imported from the United +States except under certificate of good character. + +Sec. 5. Negroes illegally imported to be forfeited and sold, etc. Cooper, +_Statutes_, VII. 449. + + +~1804.~ [~Denmark.~ + +Act of 1792 abolishing the slave-trade goes into effect.] + + +~1804, Feb. 14. Congress (House): Proposed Censure of South Carolina.~ + +Representative Moore of South Carolina offered the following resolution, +as a substitute to Mr. Bard's taxing proposition of Jan. 6:-- + +"_Resolved_, That this House receive with painful sensibility +information that one of the Southern States, by a repeal of certain +prohibitory laws, have permitted a traffic unjust in its nature, and +highly impolitic in free Governments." Ruled out of order by the +chairman of the Committee of the Whole. _Annals of Cong._, 8 Cong. 1 +sess. p. 1004. + + +~1804, Feb. 15. Congress (House): Proposed Duty.~ + +"_Resolved_, That a tax of ten dollars be imposed on every slave +imported into any part of the United States." + +"_Ordered_, That a bill, or bills, be brought in, pursuant to the said +resolution," etc. Feb. 16 "a bill laying a duty on slaves imported into +the United States" was read, but was never considered. _House Journal_ +(repr. 1826), 8 Cong. 1 sess. IV 523, 578, 580, 581-2, 585; _Annals of +Cong._, 8 Cong. 1 sess. pp. 820, 876, 991, 1012, 1020, 1024-36. + + +~1804, March 26. United States Statute: Slave-Trade Limited.~ + +"An Act erecting Louisiana into two territories," etc. Acts of 1794 and +1803 extended to Louisiana. _Statutes at Large_, II. 283. For +proceedings in Congress, see _Annals of Cong._, 8 Cong. 1 sess. pp. 106, +211, 223, 231, 233-4, 238, 255, 1038, 1054-68, 1069-79, 1128-30, +1185-9. + + +~1805, Feb. 15. Massachusetts: Proposed Amendment.~ + +"_Resolve requesting the Governor to transmit to the Senators and +Representatives in Congress, and the Executives of the several States +this Resolution, as an amendment to the Constitution of the United +States, respecting Slaves._" June 8, Governor's message; Connecticut +answers that it is inexpedient; Maryland opposes the proposition. +_Massachusetts Resolves_, February, 1805, p. 55; June, 1805, p. 18. See +below, March 3, 1805. + + +~1805, March 2. United States Statute: Slave-Trade to Orleans Territory +Permitted.~ + +"An Act further providing for the government of the territory of +Orleans." + +Sec. 1. A territorial government erected similar to Mississippi, with same +rights and privileges. + +Sec. 5. 6th Article of Ordinance of 1787, on slaves, not to extend to this +territory. + +_Statutes at Large_, II. 322. For proceedings in Congress, see _Annals +of Cong._, 8 Cong. 2 sess. pp. 28, 30, 45-6, 47, 48, 54, 59-61, 69, +727-8, 871-2, 957, 1016-9, 1020-1, 1201, 1209-10, 1211. Cf. _Statutes at +Large_, II. 331; _Annals of Cong._, 8 Cong. 2 sess., pp. 50, 51, 52, 57, +68, 69, 1213, 1215. In _Journals_, see Index, Senate Bills Nos. 8, 11. + + +~1805, March 3. Congress (House): Massachusetts Proposition to Amend +Constitution.~ + +Mr. Varnum of Massachusetts presented the resolution of the Legislature +of Massachusetts, "instructing the Senators, and requesting the +Representatives in Congress, from the said State, to take all legal and +necessary steps, to use their utmost exertions, as soon as the same is +practicable, to obtain an amendment to the Federal Constitution, so as +to authorize and empower the Congress of the United States to pass a +law, whenever they may deem it expedient, to prevent the further +importation of slaves from any of the West India Islands, from the coast +of Africa, or elsewhere, into the United States, or any part thereof." A +motion was made that Congress have power to prevent further +importation; it was read and ordered to lie on the table. _House +Journal_ (repr. 1826), 8 Cong. 2 sess. V 171; _Annals of Cong._, 8 Cong. +2 sess. pp. 1221-2. For the original resolution, see _Massachusetts +Resolves_, May, 1802, to March, 1806, Vol. II. A. (State House ed., p. +239.) + + +~1805, Dec. 17. Congress (Senate): Proposition to Prohibit Importation.~ + +A "bill to prohibit the importation of certain persons therein described +into any port or place within the jurisdiction of the United States, +from and after" Jan. 1, 1808, was read twice and postponed. _Senate +Journal_ (repr. 1821), 9 Cong. 1 sess. IV. 10-11; _Annals of Cong._, 9 +Cong. 1 sess. pp. 20-1. + + +~1806, Jan. 20. Congress (House): Vermont Proposed Amendment.~ + +"Mr. Olin, one of the Representatives from the State of Vermont, +presented to the House certain resolutions of the General Assembly of +the said State, proposing an article of amendment to the Constitution of +the United States, to prevent the further importation of slaves, or +people of color, from any of the West India Islands, from the coast of +Africa, or elsewhere, into the United States, or any part thereof; which +were read, and ordered to lie on the table." No further mention found. +_House Journal_ (repr. 1826), 9 Cong. 1 sess. V 238; _Annals of Cong._, +9 Cong. 1 sess. pp. 343-4. + + +~1806, Jan. 25. Virginia: Imported Slaves to be Sold.~ + +"An Act to amend the several laws concerning slaves." + +Sec. 5. If the jury before whom the importer is brought "shall find that +the said slave or slaves were brought into this commonwealth, and have +remained therein, contrary to the provisions of this act, the court +shall make an order, directing him, her or them to be delivered to the +overseers of the poor, to be by them sold for cash and applied as herein +directed." + +Sec. 8. Penalty for bringing slaves, $400 per slave; the same for buying +or hiring, knowingly, such a slave. + +Sec. 16. This act to take effect May 1, 1806. _Statutes at Large of +Virginia_, New Series, III. 251. + + +~1806, Jan. 27. Congress (House): Bill to Tax Slaves Imported.~ + +"A Bill laying a duty on slaves imported into any of the United States." +Finally dropped. _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 129; +_Ibid._, 9 Cong. 1 sess. V. 195, 223, 240, 242, 243-4, 248, 260, 262, +264, 276-7, 287, 294, 305, 309, 338; _Annals of Cong._, 9 Cong. 1 sess. +pp. 273, 274, 346, 358, 372, 434, 442-4, 533. + + +~1806, Feb. 4. Congress (House): Proposition to Prohibit Slave-Trade +after 1807.~ + +Mr. Bidwell moved that the following section be added to the bill for +taxing slaves imported,--that any ship so engaged be forfeited. The +proposition was rejected, yeas, 17, nays, 86 (?). _Annals of Cong._, 9 +Cong. 1 sess. p. 438. + + +~1806, Feb. 10. Congress (House): New Hampshire Proposed Amendment.~ + +"Mr. Tenney ... presented to the House certain resolutions of the +Legislature of the State of New Hampshire, 'proposing an amendment to +the Constitution of the United States, so as to authorize and empower +Congress to pass a law, whenever they may deem it expedient, to prevent +the further importation of slaves,' or people of color, into the United +States, or any part thereof." Read and laid on the table. _House +Journal_ (repr. 1826), 9 Cong. 1 sess. V. 266; _Annals of Cong._, 9 +Cong. 1 sess. p. 448. + + +~1806, Feb. 17. Congress (House): Proposition on Slave-Trade.~ + +The committee on the slave-trade reported a resolution:-- + +"_Resolved_, That it shall not be lawful for any person or persons, to +import or bring into any of the Territories of the United States, any +slave or slaves that may hereafter be imported into the United States." +_House Journal_, 9 Cong. 1 sess. V 264, 278, 308, 345-6; _House +Reports_, 9 Cong. 1 sess. II. Feb. 17, 1806; _Annals of Cong._, 9 Cong. +1 sess. pp. 472-3. + + +~1806, April 7. Congress (Senate): Maryland Proposed Amendment.~ + +"Mr. Wright communicated a resolution of the legislature of the state of +Maryland instructing their Senators and Representatives in Congress to +use their utmost exertions to obtain an amendment to the constitution of +the United States to prevent the further importation of slaves; +whereupon, Mr. Wright submitted the following resolutions for the +consideration of the Senate.... + +"_Resolved_, That the migration or importation of slaves into the United +States, or any territory thereof, be prohibited after the first day of +January, 1808." Considered April 10, and further consideration postponed +until the first Monday in December next. _Senate Journal_ (repr. 1821), +9 Cong. 1 sess. IV. 76-7, 79; _Annals of Cong._, 9 Cong. 1 sess. pp. +229, 232. + + +~1806, Dec. 2. President Jefferson's Message.~ + +See above, pages 97-98. _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. +468. + + +~1806, Dec. 15. Congress (House): Proposition on Slave-Trade.~ + +"A bill to prohibit the importation or bringing of slaves into the +United States, etc.," after Dec. 31, 1807. Finally merged into Senate +bill. _Ibid._, House Bill No. 148. + + +~1806, Dec. 17. Congress (House): Sloan's Proposition.~ + +Proposition to amend the House bill by inserting after the article +declaring the forfeiture of an illegally imported slave, "And such +person or slave shall be entitled to his freedom." Lost. _Annals of +Cong._, 9 Cong. 2 sess. pp. 167-77, 180-89. + + +~1806, Dec. 29. Congress (House): Sloan's Second Proposition.~ + +Illegally imported Africans to be either freed, apprenticed, or +returned to Africa. Lost; Jan. 5, 1807, a somewhat similar proposition +was also lost. _Ibid._, pp. 226-8, 254. + + +~1806, Dec. 31. Great Britain: Rejected Treaty.~ + +"Treaty of amity, commerce, and navigation, between His Britannic +Majesty and the United States of America." + +"Art. XXIV. The high contracting parties engage to communicate to each +other, without delay, all such laws as have been or shall be hereafter +enacted by their respective Legislatures, as also all measures which +shall have been taken for the abolition or limitation of the African +slave trade; and they further agree to use their best endeavors to +procure the co-operation of other Powers for the final and complete +abolition of a trade so repugnant to the principles of justice and +humanity." _Amer. State Papers, Foreign_, III. 147, 151. + + +~1807, March 25. [England: Slave-Trade Abolished.~ + +"An Act for the Abolition of the Slave Trade." _Statute 47 George III._, +1 sess. ch. 36.] + + +~1807, Jan. 7. Congress (House): Bidwell's Proposition.~ + +"Provided, that no person shall be sold as a slave by virtue of this +act." Offered as an amendment to Sec. 3 of House bill; defeated 60 to 61, +Speaker voting. A similar proposition was made Dec. 23, 1806. _House +Journal_ (repr. 1826), 9 Cong. 2 sess. V. 513-6. Cf. _Annals of Cong._, +9 Cong. 2 sess. pp. 199-203, 265-7. + + +~1807, Feb. 9. Congress (House): Section Seven of House Bill.~ + +Sec. 7 of the bill reported to the House by the committee provided that all +Negroes imported should be conveyed whither the President might direct +and there be indentured as apprentices, or employed in whatever way the +President might deem best for them and the country; provided that no +such Negroes should be indentured or employed except in some State in +which provision is now made for the gradual abolition of slavery. Blank +spaces were left for limiting the term of indenture. The report was +never acted on. _Annals of Cong._, 9 Cong. 2 sess. pp. 477-8. + + +~1807, March 2. United States Statute: Importation Prohibited.~ + +"An Act to prohibit the importation of Slaves into any port or place +within the jurisdiction of the United States, from and after the first +day of January, in the year of our Lord one thousand eight hundred and +eight." Bills to amend Sec. 8, so as to make less ambiguous the permit +given to the internal traffic, were introduced Feb. 27 and Nov. 27. +_Statutes at Large_, II. 426. For proceedings in Senate, see _Senate +Journal_ (repr. 1821), 9 Cong. 1-2 sess. IV. 11, 112, 123, 124, 132, +133, 150, 158, 164, 165, 167, 168; _Annals of Cong._, 9 Cong. 2 sess. +pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93. For +proceedings in House, see _House Journal_ (repr. 1826), 9 Cong. 2 sess. +V. 470, 482, 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557, +575, 579, 581, 583-4, 585, 592, 594, 610, 613-4, 616, 623, 638, 640; 10 +Cong. 1 sess. VI. 27, 50; _Annals of Cong._, 9 Cong. 2 sess. pp. 167, +180, 200, 220, 231, 254, 264, 270. + + +~1808, Feb. 23. Congress (Senate): Proposition to Amend Constitution.~ + +"Agreeably to instructions from the legislature of the state of +Pennsylvania to their Senators in Congress, Mr. Maclay submitted the +following resolution, which was read for consideration:-- + +"_Resolved_ ..., That the Constitution of the United States be so +altered and amended, as to prevent the Congress of the United States, +and the legislatures of any state in the Union, from authorizing the +importation of slaves." No further mention. _Senate Journal_ (repr. +1821), 10 Cong. 1 sess. IV. 235; _Annals of Cong._, 10 Cong. 1 sess. p. +134. For the full text of the instructions, see _Amer. State Papers, +Miscellaneous_, I. 716. + + +~1810, Dec. 5. President Madison's Message.~ + +"Among the commercial abuses still committed under the American flag, +... it appears that American citizens are instrumental in carrying on a +traffic in enslaved Africans, equally in violation of the laws of +humanity, and in defiance of those of their own country. The same just +and benevolent motives which produced the interdiction in force against +this criminal conduct, will doubtless be felt by Congress, in devising +further means of suppressing the evil." _House Journal_ (repr. 1826), 11 +Cong. 3 sess. VII. 435. + + +~1811, Jan. 15. United States Statute: Secret Act and Joint Resolution +against Amelia Island Smugglers.~ + +_Statutes at Large_, III. 471 ff. + + +~1815, March 29. [France: Abolition of Slave-Trade.~ + +Napoleon on his return from Elba decrees the abolition of the +slave-trade. Decree re-enacted in 1818 by the Bourbon dynasty. _British +and Foreign State Papers_, 1815-16, p. 196, note; 1817-18, p. 1025.] + + +~1815, Feb. 18. Great Britain: Treaty of Ghent.~ + +"Treaty of peace and amity. Concluded December 24, 1814; Ratifications +exchanged at Washington February 17, 1815; Proclaimed February 18, +1815." + +Art. X. "Whereas the traffic in slaves is irreconcilable with the +principles of humanity and justice, and whereas both His Majesty and the +United States are desirous of continuing their efforts to promote its +entire abolition, it is hereby agreed that both the contracting parties +shall use their best endeavors to accomplish so desirable an object." +_U.S. Treaties and Conventions_ (ed. 1889), p. 405. + + +~1815, Dec. 8. Alabama and Mississippi Territory: Act to Dispose of +Illegally Imported Slaves.~ + +"An Act concerning Slaves brought into this Territory, contrary to the +Laws of the United States." Slaves to be sold at auction, and the +proceeds to be divided between the territorial treasury and the +collector or informer. Toulmin, _Digest of the Laws of Alabama_, p. 637; +_Statutes of Mississippi digested_, etc. (ed. 1816), p. 389. + + +~1816, Nov. 18. North Carolina: Act to Dispose of Illegally Imported +Slaves.~ + +"An act to direct the disposal of negroes, mulattoes and persons of +colour, imported into this state, contrary to the provisions of an act +of the Congress of the United States, entitled 'an act to prohibit the +importation of slaves into any port or place, within the jurisdiction of +the United States, from and after the first day of January, in the year +of our Lord one thousand eight hundred and eight.'" + +Sec. 1. Every slave illegally imported after 1808 shall be sold for the use +of the State. + +Sec. 2. The sheriff shall seize and sell such slave, and pay the proceeds +to the treasurer of the State. + +Sec. 3. If the slave abscond, the sheriff may offer a reward not exceeding +one-fifth of the value of the slave. _Laws of North Carolina, 1816_, ch. +xii. p. 9; _Laws of North Carolina_ (revision of 1819), II. 1350. + + +~1816, Dec. 3. President Madison's Message.~ + +"The United States having been the first to abolish, within the extent +of their authority, the transportation of the natives of Africa into +slavery, by prohibiting the introduction of slaves, and by punishing +their citizens participating in the traffick, cannot but be gratified at +the progress, made by concurrent efforts of other nations, towards a +general suppression of so great an evil. They must feel, at the same +time, the greater solicitude to give the fullest efficacy to their own +regulations. With that view, the interposition of Congress appears to be +required by the violations and evasions which, it is suggested, are +chargeable on unworthy citizens, who mingle in the slave trade under +foreign flags, and with foreign ports; and by collusive importations of +slaves into the United States, through adjoining ports and territories. +I present the subject to Congress, with a full assurance of their +disposition to apply all the remedy which can be afforded by an +amendment of the law. The regulations which were intended to guard +against abuses of a kindred character, in the trade between the several +States, ought also to be rendered more effectual for their humane +object." _House Journal_, 14 Cong. 2 sess. pp. 15-6. + + +~1817, Feb. 11. Congress (House): Proposed Joint Resolution.~ + +"Joint Resolution for abolishing the traffick in Slaves, and the +Colinization [_sic_] of the Free People of Colour of the United States." + +"_Resolved_, ... That the President be, and he is hereby authorized to +consult and negotiate with all the governments where ministers of the +United States are, or shall be accredited, on the means of effecting an +entire and immediate abolition of the traffick in slaves. And, also, to +enter into a convention with the government of Great Britain, for +receiving into the colony of Sierra Leone, such of the free people of +colour of the United States as, with their own consent, shall be carried +thither.... + +"_Resolved_, That adequate provision shall hereafter be made to defray +any necessary expenses which may be incurred in carrying the preceding +resolution into effect." Reported on petition of the Colonization +Society by the committee on the President's Message. No further record. +_House Journal_, 14 Cong. 2 sess. pp. 25-7, 380; _House Doc._, 14 Cong. +2 sess. No. 77. + + +~1817, July 28. [Great Britain and Portugal: First Concession of Right +of Search.~ + +"By this treaty, ships of war of each of the nations might visit +merchant vessels of both, if suspected of having slaves on board, +acquired by illicit traffic." This "related only to the trade north of +the equator; for the slave-trade of Portugal within the regions of +western Africa, to the south of the equator, continued long after this +to be carried on with great vigor." Woolsey, _International Law_ +(1874), Sec. 197, pp. 331-2; _British and Foreign State Papers_, 1816-17, +pp. 85-118.] + + +~1817, Sept. 23. [Great Britain and Spain: Abolition of Trade North of +Equator.~ + +"By the treaty of Madrid, ... Great Britain obtained from Spain, for the +sum of four hundred thousand pounds, the immediate abolition of the +trade north of the equator, its entire abolition after 1820, and the +concession of the same mutual right of search, which the treaty with +Portugal had just established." Woolsey, _International Law_ (1874), Sec. +197, p. 332; _British and Foreign State Papers_, 1816-17, pp. 33-74.] + + +~1817, Dec. 2. President Monroe's Message on Amelia Island, etc.~ + +"A just regard for the rights and interests of the United States +required that they [i.e., the Amelia Island and Galveston pirates] +should be suppressed, and orders have been accordingly issued to that +effect. The imperious considerations which produced this measure will be +explained to the parties whom it may, in any degree, concern." _House +Journal_, 15 Cong. 1 sess. p. 11. + + +~1817, Dec. 19. Georgia: Act to Dispose of Illegally Imported Slaves.~ + +"An Act for disposing of any such negro, mulatto, or person of color, +who has been or may hereafter be imported or brought into this State in +violation of an act of the United States, entitled an act to prohibit +the importation of slaves," etc. + +Sec. 1. The governor by agent shall receive such Negroes, and, + +Sec. 2. sell them, or, + +Sec. 3. give them to the Colonization Society to be transported, on +condition that the Society reimburse the State for all expense, and +transport them at their own cost. Prince, _Digest_, p. 793. + + +~1818, Jan. 10. Congress (House): Bill to Supplement Act of 1807.~ + +Mr. Middleton, from the committee on so much of the President's Message +as related to the illicit introduction of slaves into the United States +from Amelia Island, reported a bill in addition to former acts +prohibiting the introduction of slaves into the United States. This was +read twice and committed; April 1 it was considered in Committee of the +Whole; Mr. Middleton offered a substitute, which was ordered to be laid +on table and to be printed; it became the Act of 1819. See below, March +3, 1819. _House Journal_, 15 Cong. 1 sess. pp. 131, 410. + + +~1818, Jan. 13. President Monroe's Special Message.~ + +"I have the satisfaction to inform Congress, that the establishment at +Amelia Island has been suppressed, and without the effusion of blood. +The papers which explain this transaction, I now lay before Congress," +etc. _Ibid._, pp. 137-9. + + +~1818, Feb. 9. Congress (Senate): Bill to Register (?) Slaves.~ + +"A bill respecting the transportation of persons of color, for sale, or +to be held to labor." Passed Senate, dropped in House; similar bill Dec. +9, 1818, also dropped in House. _Senate Journal_, 15 Cong. 1 sess. pp. +147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15 Cong. 2 sess. pp. +63, 74, 77, 202, 207, 285, 291, 297; _House Journal_, 15 Cong. 1 sess. +p. 332; 15 Cong. 2 sess. pp. 303, 305, 316. + + +~1818, April 4. Congress (House): Proposition to Amend Constitution.~ + +Mr. Livermore's resolution:-- + +"No person shall be held to service or labour as a slave, nor shall +slavery be tolerated in any state hereafter admitted into the Union, or +made one of the United States of America." Read, and on the question, +"Will the House consider the same?" it was determined in the negative. +_House Journal_, 15 Cong. 1 sess. pp. 420-1; _Annals of Cong._, 15 Cong. +1 sess. pp. 1675-6. + + +~1818, April 20. United States Statute: Act in Addition to Act of 1807.~ + +"An Act in addition to 'An act to prohibit the introduction +[importation] of slaves into any port or place within the jurisdiction +of the United States, from and after the first day of January, in the +year of our Lord one thousand eight hundred and eight,' and to repeal +certain parts of the same." _Statutes at Large_, III. 450. For +proceedings in Congress, see _Senate Journal_, 15 Cong. 1 sess. pp. 243, +304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; _House +Journal_, 15 Cong. 1 sess. pp. 450, 452, 456, 468, 479, 484, 492,505. + + +~1818, May 4. [Great Britain and Netherlands: Treaty.~ + +Right of Search granted for the suppression of the slave-trade. _British +and Foreign State Papers_, 1817-18, pp. 125-43.] + + +~1818, Dec. 19. Georgia: Act of 1817 Reinforced.~ + +No title found. "_Whereas_ numbers of African slaves have been illegally +introduced into the State, in direct violation of the laws of the United +States and of this State, _Be it therefore enacted_," etc. Informers are +to receive one-tenth of the net proceeds from the sale of illegally +imported Africans, "_Provided_, nothing herein contained shall be so +construed as to extend farther back than the year 1817." Prince, +_Digest_, p. 798. + + +~1819, Feb. 8. Congress (Senate): Bill in Addition to Former Acts.~ + +"A bill supplementary to an act, passed the 2d day of March, 1807, +entitled," etc. Postponed. _Senate Journal_, 15 Cong. 2 sess. pp. 234, +244, 311-2, 347. + + +~1819, March 3. United States Statute: Cruisers Authorized, etc.~ + +"An Act in addition to the Acts prohibiting the slave trade." _Statutes +at Large_, III. 532. For proceedings in Congress, see _Senate Journal_, +15 Cong. 2 sess. pp. 338, 339, 343, 345, 350, 362; _House Journal_, 15 +Cong. 2 sess. pp. 9-19, 42-3, 150, 179, 330, 334, 341, 343, 352. + + +~1819, Dec. 7. President Monroe's Message.~ + +"Due attention has likewise been paid to the suppression of the slave +trade, in compliance with a law of the last session. Orders have been +given to the commanders of all our public ships to seize all vessels +navigated under our flag, engaged in that trade, and to bring them in, +to be proceeded against, in the manner prescribed by that law. It is +hoped that these vigorous measures, supported by like acts by other +nations, will soon terminate a commerce so disgraceful to the civilized +world." _House Journal_, 16 Cong, 1 sess. p. 18. + + +~1820, Jan. 19. Congress (House): Proposed Registry of Slaves.~ + +"On motion of Mr. Cuthbert, + +"Resolved, That the Committee on the Slave Trade be instructed to +enquire into the expediency of establishing a registry of slaves, more +effectually to prevent the importation of slaves into the United States, +or the territories thereof." No further mention. _Ibid._, p. 150. + + +~1820, Feb. 5. Congress (House): Proposition on Slave-Trade.~ + +"Mr. Meigs submitted the following preamble and resolution: + +"Whereas, slavery in the United States is an evil of great and +increasing magnitude; one which merits the greatest efforts of this +nation to remedy: Therefore, + +"Resolved, That a committee be appointed to enquire into the expediency +of devoting the public lands as a fund for the purpose of, + +"1st, Employing a naval force competent to the annihilation of the slave +trade; + +"2dly, The emancipation of slaves in the United States; and, + +"3dly, Colonizing them in such way as shall be conducive to their +comfort and happiness, in Africa, their mother country." Read, and, on +motion of Walker of North Carolina, ordered to lie on the table. Feb. 7, +Mr. Meigs moved that the House now consider the above-mentioned +resolution, but it was decided in the negative. Feb. 18, he made a +similar motion and proceeded to discussion, but was ruled out of order +by the Speaker. He appealed, but the Speaker was sustained, and the +House refused to take up the resolution. No further record appears. +_Ibid._, pp. 196, 200, 227. + + +~1820, Feb. 23. Massachusetts: Slavery in Western Territory.~ + +_"Resolve respecting Slavery":--_ + +"The Committee of both Houses, who were appointed to consider 'what +measures it may be proper for the Legislature of this Commonwealth to +adopt, in the expression of their sentiments and views, relative to the +interesting subject, now before Congress, of interdicting slavery in the +New States, which may be admitted into the Union, beyond the River +Mississippi,' respectfully submit the following report: ... + +"Nor has this question less importance as to its influence on the slave +trade. Should slavery be further permitted, an immense new market for +slaves would be opened. It is well known that notwithstanding the +strictness of our laws, and the vigilance of the government, thousands +are now annually imported from Africa," etc. _Massachusetts Resolves_, +May, 1819, to February, 1824, pp. 147-51. + + +~1820, May 12. Congress (House): Resolution for Negotiation.~ + +"Resolved by the Senate and House of Representatives of the United +States of America in Congress assembled, That the President of the +United States be requested to negociate with all the governments where +ministers of the United States are or shall be accredited, on the means +of effecting an entire and immediate abolition of the slave trade." +Passed House, May 12, 1820; lost in Senate, May 15, 1820. _House +Journal_, 16 Cong. 1 sess. pp. 497, 518, 520-21, 526; _Annals of Cong._, +16 Cong. 1 sess. pp. 697-700. + + +~1820, May 15. United States Statute: Slave-Trade made Piracy.~ + +"An act to continue in force 'An act to protect the commerce of the +United States, and punish the crime of piracy,' and also to make further +provisions for punishing the crime of piracy." Continued by several +statutes until passage of the Act of 1823, _q.v. Statutes at Large_, +III. 600. For proceedings in Congress, see _Senate Journal_, 16 Cong. 1 +sess. pp. 238, 241, 268, 286-7, 314, 331, 346, 350, 409, 412, 417, 422, +424, 425; _House Journal_, 16 Cong. 1 sess. pp. 453, 454, 494, 518, 520, +522, 537, 539, 540, 542. There was also a House bill, which was dropped: +cf. _House Journal_, 16 Cong. 1 sess. pp. 21, 113, 280, 453, 494. + + +~1820, Nov. 14. President Monroe's Message.~ + +"In execution of the law of the last session, for the suppression of the +slave trade, some of our public ships have also been employed on the +coast of Africa, where several captures have already been made of +vessels engaged in that disgraceful traffic." _Senate Journal_, 16 Cong. +2 sess. pp. 16-7. + + +~1821, Feb. 15. Congress (House): Meigs's Resolution.~ + +Mr. Meigs offered in modified form the resolutions submitted at the last +session:-- + +"Whereas slavery, in the United States, is an evil, acknowledged to be +of great and increasing magnitude, ... therefore, + +"Resolved, That a committee be appointed to inquire into the expediency +of devoting five hundred million acres of the public lands, next west of +the Mississippi, as a fund for the purpose of, in the + +"_First place_; Employing a naval force, competent to the annihilation +of the slave trade," etc. Question to consider decided in the +affirmative, 63 to 50; laid on the table, 66 to 55. _House Journal_, 16 +Cong. 2 sess. p. 238; _Annals of Cong._, 16 Cong. 2 sess. pp. 1168-70. + + +~1821, Dec. 3. President Monroe's Message.~ + +"Like success has attended our efforts to suppress the slave trade. +Under the flag of the United States, and the sanction of their papers, +the trade may be considered as entirely suppressed; and, if any of our +citizens are engaged in it, under the flag and papers of other powers, +it is only from a respect to the rights of those powers, that these +offenders are not seized and brought home, to receive the punishment +which the laws inflict. If every other power should adopt the same +policy, and pursue the same vigorous means for carrying it into effect, +the trade could no longer exist." _House Journal_, 17 Cong. 1 sess. p. +22. + + +~1822, April 12. Congress (House): Proposed Resolution.~ + +"_Resolved_, That the President of the United States be requested to +enter into such arrangements as he may deem suitable and proper, with +one or more of the maritime powers of Europe, for the effectual +abolition of the slave trade." _House Reports_, 17 Cong. 1 sess. II. No. +92, p. 4; _Annals of Cong._, 17 Cong. 1 sess. p. 1538. + + +~1822, June 18. Mississippi: Act on Importation, etc.~ + +"An act, to reduce into one, the several acts, concerning slaves, free +negroes, and mulattoes." + +Sec. 2. Slaves born and resident in the United States, and not criminals, +may be imported. + +Sec. 3. No slave born or resident outside the United States shall be +brought in, under penalty of $1,000 per slave. Travellers are excepted. +_Revised Code of the Laws of Mississippi_ (Natchez, 1824), p. 369. + + +~1822, Dec. 3. President Monroe's Message.~ + +"A cruise has also been maintained on the coast of Africa, when the +season would permit, for the suppression of the slave-trade; and orders +have been given to the commanders of all our public ships to seize our +own vessels, should they find any engaged in that trade, and to bring +them in for adjudication." _House Journal_, 17 Cong. 2 sess. pp. 12, 21. + + +~1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported Slaves.~ + +"An Act to carry into effect the laws of the United States prohibiting +the slave trade." + +Sec. 1. "_Be it enacted_, ... That the Governor of this state be ... +authorized and required to appoint some suitable person, as the agent of +the state, to receive all and every slave or slaves or persons of +colour, who may have been brought into this state in violation of the +laws of the United States, prohibiting the slave trade: _Provided_, that +the authority of the said agent is not to extend to slaves who have been +condemned and sold." + +Sec. 2. The agent must give bonds. + +Sec. 3. "_And be it further enacted_, That the said slaves, when so placed +in the possession of the state, as aforesaid, shall be employed on such +public work or works, as shall be deemed by the Governor of most value +and utility to the public interest." + +Sec. 4. A part may be hired out to support those employed in public work. + +Sec. 5. "_And be it further enacted_, That in all cases in which a decree +of any court having competent authority, shall be in favor of any or +claimant or claimants, the said slaves shall be truly and faithfully, by +said agent, delivered to such claimant or claimants: but in case of +their condemnation, they shall be sold by such agent for cash to the +highest bidder, by giving sixty days notice," etc. _Acts of the Assembly +of Alabama, 1822_ (Cahawba, 1823), p. 62. + + +~1823, Jan. 30. United States Statute: Piracy Act made Perpetual.~ + +"An Act in addition to 'An act to continue in force "An act to protect +the commerce of the United States, and punish the crime of piracy,"'" +etc. _Statutes at Large_, III. 510-14, 721, 789. For proceedings in +Congress, see _Senate Journal_, 17 Cong. 2 sess. pp. 61, 64, 70, 83, 98, +101, 106, 110, 111, 122, 137; _House Journal_, 17 Cong. 2 sess. pp. 73, +76, 156, 183, 189. + + +~1823, Feb. 10. Congress (House): Resolution on Slave-Trade.~ + +Mr. Mercer offered the following resolution:-- + +"Resolved, That the President of the United States be requested to enter +upon, and to prosecute, from time to time, such negotiations with the +several maritime powers of Europe and America, as he may deem expedient, +for the effectual abolition of the African slave trade, and its ultimate +denunciation as piracy, under the law of nations, by the consent of the +civilized world." Agreed to Feb. 28; passed Senate. _House Journal_, 17 +Cong. 2 sess. pp. 212, 280-82; _Annals of Cong._, 17 Cong. 2 sess. pp. +928, 1147-55. + + +~1823, March 3. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the navy," etc. + +"To enable the President of the United States to carry into effect the +act" of 1819, $50,000. _Statutes at Large_, III. 763, 764 + + +~1823. President: Proposed Treaties.~ + +Letters to various governments in accordance with the resolution of +1823: April 28, to Spain; May 17, to Buenos Ayres; May 27, to United +States of Colombia; Aug. 14, to Portugal. See above, Feb. 10, 1823. +_House Doc._, 18 Cong. 1 sess. VI. No. 119. + + +~1823, June 24. Great Britain: Proposed Treaty.~ + +Adams, March 31, proposes that the trade be made piracy. Canning, April +8, reminds Adams of the treaty of Ghent and asks for the granting of a +mutual Right of Search to suppress the slave-trade. The matter is +further discussed until June 24. Minister Rush is empowered to propose a +treaty involving the Right of Search, etc. This treaty was substantially +the one signed (see below, March 13, 1824), differing principally in the +first article. + +"Article I. The two high contracting Powers, having each separately, by +its own laws, subjected their subjects and citizens, who may be +convicted of carrying on the illicit traffic in slaves on the coast of +Africa, to the penalties of piracy, do hereby agree to use their +influence, respectively, with the other maritime and civilized nations +of the world, to the end that the said African slave trade may be +recognized, and declared to be, piracy, under the law of nations." +_House Doc._, 18 Cong, 1 sess. VI. No. 119. + + +~1824, Feb. 6. Congress (House): Proposition to Amend Constitution.~ + +Mr. Abbot's resolution on persons of color:-- + +"That no part of the constitution of the United States ought to be +construed, or shall be construed to authorize the importation or ingress +of any person of color into any one of the United States, contrary to +the laws of such state." Read first and second time and committed to the +Committee of the Whole. _House Journal_, 18 Cong. 1 sess. p. 208; +_Annals of Cong._, 18 Cong. 1 sess. p. 1399. + + +~1824, March 13. Great Britain: Proposed Treaty of 1824.~ + +"The Convention:"-- + +Art. I. "The commanders and commissioned officers of each of the two +high contracting parties, duly authorized, under the regulations and +instructions of their respective Governments, to cruize on the coasts of +Africa, of America, and of the West Indies, for the suppression of the +slave trade," shall have the power to seize and bring into port any +vessel owned by subjects of the two contracting parties, found engaging +in the slave-trade. The vessel shall be taken for trial to the country +where she belongs. + +Art. II. Provides that even if the vessel seized does not belong to a +citizen or citizens of either of the two contracting parties, but is +chartered by them, she may be seized in the same way as if she belonged +to them. + +Art. III. Requires that in all cases where any vessel of either party +shall be boarded by any naval officer of the other party, on suspicion +of being concerned in the slave-trade, the officer shall deliver to the +captain of the vessel so boarded a certificate in writing, signed by the +naval officer, specifying his rank, etc., and the object of his visit. +Provision is made for the delivery of ships and papers to the tribunal +before which they are brought. + +Art. IV. Limits the Right of Search, recognized by the Convention, to +such investigation as shall be necessary to ascertain the fact whether +the said vessel is or is not engaged in the slave-trade. No person shall +be taken out of the vessel so visited unless for reasons of health. + +Art. V. Makes it the duty of the commander of either nation, having +captured a vessel of the other under the treaty, to receive unto his +custody the vessel captured, and send or carry it into some port of the +vessel's own country for adjudication, in which case triplicate +declarations are to be signed, etc. + +Art. VI. Provides that in cases of capture by the officer of either +party, on a station where no national vessel is cruising, the captor +shall either send or carry his prize to some convenient port of its own +country for adjudication, etc. + +Art. VII. Provides that the commander and crew of the captured vessel +shall be proceeded against as pirates, in the ports to which they are +brought, etc. + +Art. VIII. Confines the Right of Search, under this treaty, to such +officers of both parties as are especially authorized to execute the +laws of their countries in regard to the slave-trade. For every abusive +exercise of this right, officers are to be personally liable in costs +and damages, etc. + +Art. IX. Provides that the government of either nation shall inquire +into abuses of this Convention and of the laws of the two countries, and +inflict on guilty officers the proper punishment. + +Art. X. Declares that the right, reciprocally conceded by this treaty, +is wholly and exclusively founded on the consideration that the two +nations have by their laws made the slave-trade piracy, and is not to be +taken to affect in any other way the rights of the parties, etc.; it +further engages that each power shall use its influence with all other +civilized powers, to procure from them the acknowledgment that the +slave-trade is piracy under the law of nations. + +Art. XI. Provides that the ratifications of the treaty shall be +exchanged at London within twelve months, or as much sooner as possible. +Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824. + +The above is a synopsis of the treaty as it was laid before the Senate. +It was ratified by the Senate with certain conditions, one of which was +that the duration of this treaty should be limited to the pleasure of +the two parties on six months' notice; another was that the Right of +Search should be limited to the African and West Indian seas: i.e., the +word "America" was struck out. This treaty as amended and passed by the +Senate (cf. above, p. 141) was rejected by Great Britain. A counter +project was suggested by her, but not accepted (cf. above, p. 144). The +striking out of the word "America" was declared to be the insuperable +objection. _Senate Doc._, 18 Cong. 2 sess. I. No. 1, pp. 15-20; _Niles's +Register_, 3rd Series, XXVI. 230-2. For proceedings in Senate, see +_Amer. State Papers, Foreign_, V. 360-2. + + +~1824, March 31. [Great Britain: Slave-Trade made Piracy.~ + +"An Act for the more effectual Suppression of the _African_ Slave +Trade." + +Any person engaging in the slave-trade "shall be deemed and adjudged +guilty of Piracy, Felony and Robbery, and being convicted thereof shall +suffer Death without Benefit of Clergy, and Loss of Lands, Goods and +Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer," +etc. _Statute 5 George IV._, ch. 17; _Amer. State Papers, Foreign_, V. +342.] + + +~1824, April 16. Congress (House): Bill to Suppress Slave-Trade.~ + +"Mr. Govan, from the committee to which was referred so much of the +President's Message as relates to the suppression of the Slave Trade, +reported a bill respecting the slave trade; which was read twice, and +committed to a Committee of the Whole." + +Sec. 1. Provided a fine not exceeding $5,000, imprisonment not exceeding 7 +years, and forfeiture of ship, for equipping a slaver even for the +foreign trade; and a fine not exceeding $3,000, and imprisonment not +exceeding 5 years, for serving on board any slaver. _Annals of Cong._, +18 Cong. 1 sess. pp. 2397-8; _House Journal_, 18 Cong. 1 sess. pp. 26, +180, 181, 323, 329, 356, 423. + + +~1824, May 21. President Monroe's Message on Treaty of 1824.~ + +_Amer. State Papers, Foreign_, V. 344-6. + + +~1824, Nov. 6. [Great Britain and Sweden: Treaty.~ + +Right of Search granted for the suppression of the slave-trade. _British +and Foreign State Papers_, 1824-5, pp. 3-28.] + + +~1824, Nov. 6. Great Britain: Counter Project of 1825.~ + +Great Britain proposes to conclude the treaty as amended by the Senate, +if the word "America" is reinstated in Art. I. (Cf. above, March 13, +1824.) February 16, 1825, the House Committee favors this project; March +2, Addington reminds Adams of this counter proposal; April 6, Clay +refuses to reopen negotiations on account of the failure of the +Colombian treaty. _Amer. State Papers, Foreign_, V. 367; _House +Reports_, 18 Cong. 2 sess. I. No. 70; _House Doc._, 19 Cong. 1 sess. I. +No. 16. + + +~1824, Dec. 7. President Monroe's Message.~ + +"It is a cause of serious regret, that no arrangement has yet been +finally concluded between the two Governments, to secure, by joint +co-operation, the suppression of the slave trade. It was the object of +the British Government, in the early stages of the negotiation, to adopt +a plan for the suppression, which should include the concession of the +mutual right of search by the ships of war of each party, of the +vessels of the other, for suspected offenders. This was objected to by +this Government, on the principle that, as the right of search was a +right of war of a belligerant towards a neutral power, it might have an +ill effect to extend it, by treaty, to an offence which had been made +comparatively mild, to a time of peace. Anxious, however, for the +suppression of this trade, it was thought adviseable, in compliance with +a resolution of the House of Representatives, founded on an act of +Congress, to propose to the British Government an expedient, which +should be free from that objection, and more effectual for the object, +by making it piratical.... A convention to this effect was concluded and +signed, in London," on the 13th of March, 1824, "by plenipotentiaries +duly authorized by both Governments, to the ratification of which +certain obstacles have arisen, which are not yet entirely removed." [For +the removal of which, the documents relating to the negotiation are +submitted for the action of Congress].... + +"In execution of the laws for the suppression of the slave trade, a +vessel has been occasionally sent from that squadron to the coast of +Africa, with orders to return thence by the usual track of the slave +ships, and to seize any of our vessels which might be engaged in that +trade. None have been found, and, it is believed, that none are thus +employed. It is well known, however, that the trade still exists under +other flags." _House Journal_, 18 Cong. 2 sess. pp. 11, 12, 19, 27, 241; +_House Reports_, 18 Cong. 2 sess. I. No. 70; Gales and Seaton, _Register +of Debates_, I. 625-8, and Appendix, p. 2 ff. + + +~1825, Feb. 21. United States of Colombia: Proposed Treaty.~ + +The President sends to the Senate a treaty with the United States of +Colombia drawn, as United States Minister Anderson said, similar to that +signed at London, with the alterations made by the Senate. March 9, +1825, the Senate rejects this treaty. _Amer. State Papers, Foreign_, V. +729-35. + + +~1825, Feb. 28. Congress (House): Proposed Resolution on Slave-Trade.~ + +Mr. Mercer laid on the table the following resolution:-- + +"_Resolved_, That the President of the United States be requested to +enter upon, and prosecute from time to time, such negotiations with the +several maritime powers of Europe and America, as he may deem expedient +for the effectual abolition of the slave trade, and its ultimate +denunciation, as piracy, under the law of nations, by the consent of the +civilized world." The House refused to consider the resolution. _House +Journal_, 18 Cong. 2 sess. p. 280; Gales and Seaton, _Register of +Debates_, I. 697, 736. + + +~1825, March 3. Congress (House): Proposed Resolution against Right of +Search.~ + +"Mr. Forsyth submitted the following resolution: + +"_Resolved_, That while this House anxiously desires that the Slave +Trade should be, universally, denounced as Piracy, and, as such, should +be detected and punished under the law of nations, it considers that it +would be highly inexpedient to enter into engagements with any foreign +power, by which _all_ the merchant vessels of the United States would be +exposed to the inconveniences of any regulation of search, from which +any merchant vessels of that foreign power would be exempted." +Resolution laid on the table. _House Journal_, 18 Cong. 2 sess. pp. +308-9; Gales and Seaton, _Register of Debates_, I. 739. + + +~1825, Dec. 6. President Adams's Message.~ + +"The objects of the West India Squadron have been, to carry into +execution the laws for the suppression of the African Slave Trade: for +the protection of our commerce against vessels of piratical +character.... These objects, during the present year, have been +accomplished more effectually than at any former period. The African +Slave Trade has long been excluded from the use of our flag; and if some +few citizens of our country have continued to set the laws of the Union, +as well as those of nature and humanity, at defiance, by persevering in +that abominable traffic, it has been only by sheltering themselves under +the banners of other nations, less earnest for the total extinction of +the trade than ours." _House Journal_, 19 Cong. 1 sess. pp. 20, 96, +296-7, 305, 323, 329, 394-5, 399, 410, 414, 421, 451, 640. + + +~1826, Feb. 14. Congress (House): Proposition to Repeal Parts of Act of +1819.~ + +"Mr. Forsyth submitted the following resolutions, viz.: + +1. "_Resolved_, That it is expedient to repeal so much of the act of the +3d March, 1819, entitled, 'An act in addition to the acts prohibiting +the slave trade,' as provides for the appointment of agents on the coast +of Africa. + +2. "_Resolved_, That it is expedient so to modify the said act of the 3d +of March, 1819, as to release the United States from all obligation to +support the negroes already removed to the coast of Africa, and to +provide for such a disposition of those taken in slave ships who now are +in, or who may be, hereafter, brought into the United States, as shall +secure to them a fair opportunity of obtaining a comfortable +subsistence, without any aid from the public treasury." Read and laid on +the table. _Ibid._, p. 258. + + +~1826, March 14. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the navy," etc. + +"For the agency on the coast of Africa, for receiving the negroes," +etc., $32,000. _Statutes at Large_, IV. 140, 141. + + +~1827, March 2. United States Statute: Appropriation.~ + +"An Act making appropriations for the support of the Navy," etc. + +"For the agency on the coast of Africa," etc., $56,710. _Ibid._, W. 206, +208. + + +~1827, March 11. Texas: Introduction of Slaves Prohibited.~ + +Constitution of the State of Coahuila and Texas. Preliminary +Provisions:-- + +Art. 13. "From and after the promulgation of the constitution in the +capital of each district, no one shall be born a slave in the state, and +after six months the introduction of slaves under any pretext shall not +be permitted." _Laws and Decrees of Coahuila and Texas_ (Houston, 1839), +p. 314. + + +~1827, Sept. 15. Texas: Decree against Slave-Trade.~ + +"The Congress of the State of Coahuila and Texas decrees as follows:" + +Art. 1. All slaves to be registered. + +Art. 2, 3. Births and deaths to be recorded. + +Art. 4. "Those who introduce slaves, after the expiration of the term +specified in article 13 of the Constitution, shall be subject to the +penalties established by the general law of the 13th of July, 1824." +_Ibid._, pp. 78-9. + + +~1828, Feb. 25. Congress (House): Proposed Bill to Abolish African +Agency, etc.~ + +"Mr. McDuffie, from the Committee of Ways and Means, ... reported the +following bill: + +"A bill to abolish the Agency of the United States on the Coast of +Africa, to provide other means of carrying into effect the laws +prohibiting the slave trade, and for other purposes." This bill was +amended so as to become the act of May 24, 1828 (see below). _House +Reports_, 21 Cong. 1 sess. III. No. 348, p. 278. + + +~1828, May 24. United States Statute: Appropriation.~ + +"An Act making an appropriation for the suppression of the slave trade." +_Statutes at Large_, IV. 302; _House Journal_, 20 Cong. 1 sess., House +Bill No. 190. + + +~1829, Jan. 28. Congress (House): Bill to Amend Act of 1807.~ + +The Committee on Commerce reported "a bill (No. 399) to amend an act, +entitled 'An act to prohibit the importation of slaves,'" etc. Referred +to Committee of the Whole. _House Journal_, 20 Cong. 2 sess. pp. 58, 84, +215. Cf. _Ibid._, 20 Cong. 1 sess. pp. 121, 135. + + +~1829, March 2. United States Statute: Appropriation.~ + +"An Act making additional appropriations for the support of the navy," +etc. + +"For the reimbursement of the marshal of Florida for expenses incurred +in the case of certain Africans who were wrecked on the coast of the +United States, and for the expense of exporting them to Africa," +$16,000. _Statutes at Large_, IV. 353, 354. + + +~1830, April 7. Congress (House): Resolution against Slave-Trade.~ + +Mr. Mercer reported the following resolution:-- + +"_Resolved_, That the President of the United States be requested to +consult and negotiate with all the Governments where Ministers of the +United States are, or shall be accredited, on the means of effecting an +entire and immediate abolition of the African slave trade; and +especially, on the expediency, with that view, of causing it to be +universally denounced as piratical." Referred to Committee of the Whole; +no further action recorded. _House Journal_, 21 Cong. 1 sess. p. 512. + + +~1830, April 7. Congress (House): Proposition to Amend Act of March 3, +1819.~ + +Mr. Mercer, from the committee to which was referred the memorial of the +American Colonization Society, and also memorials, from the inhabitants +of Kentucky and Ohio, reported with a bill (No. 412) to amend "An act in +addition to the acts prohibiting the slave trade," passed March 3, 1819. +Read twice and referred to Committee of the Whole. _Ibid._ + + +~1830, May 31. Congress (Statute): Appropriation.~ + +"An Act making a re-appropriation of a sum heretofore appropriated for +the suppression of the slave trade." _Statutes at Large_, IV. 425; +_Senate Journal_, 21 Cong. 1 sess. pp. 359, 360, 383; _House Journal_, +21 Cong. 1 sess. pp. 624, 808-11. + + +~1830. [Brazil: Prohibition of Slave-Trade.~ + +Slave-trade prohibited under severe penalties.] + + +~1831, 1833. [Great Britain and France: Treaty Granting Right of +Search.~ + +Convention between Great Britain and France granting a mutual limited +Right of Search on the East and West coasts of Africa, and on the coasts +of the West Indies and Brazil. _British and Foreign State Papers_, +1830-1, p. 641 ff; 1832-3, p. 286 ff.] + + +~1831, Feb. 16. Congress (House): Proposed Resolution on Slave-Trade.~ + +"Mr. Mercer moved to suspend the rule of the House in regard to motions, +for the purpose of enabling himself to submit a resolution requesting +the Executive to enter into negotiations with the maritime Powers of +Europe, to induce them to enact laws declaring the African slave trade +piracy, and punishing it as such." The motion was lost. Gales and +Seaton, _Register of Debates_, VII. 726. + + +~1831, March 2. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $16,000. _Statutes at Large_, IV. 460, 462. + + +~1831, March 3. Congress (House): Resolution as to Treaties.~ + +"Mr. Mercer moved to suspend the rule to enable him to submit the +following resolution: + +"_Resolved_, That the President of the United States be requested to +renew, and to prosecute from time to time, such negotiations with the +several maritime powers of Europe and America as he may deem expedient +for the effectual abolition of the African slave trade, and its ultimate +denunciation as piracy, under the laws of nations, by the consent of the +civilized world." The rule was suspended by a vote of 108 to 36, and the +resolution passed, 118 to 32. _House Journal_, 21 Cong. 2 sess. pp. +426-8. + + +~1833, Feb. 20. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +" ... for carrying into effect the acts for the suppression of the slave +trade," etc., $5,000. _Statutes at Large_, IV. 614, 615. + + +~1833, August. Great Britain and France: Proposed Treaty with the United +States.~ + +British and French ministers simultaneously invited the United States to +accede to the Convention just concluded between them for the suppression +of the slave-trade. The Secretary of State, Mr. M'Lane, deferred answer +until the meeting of Congress, and then postponed negotiations on +account of the irritable state of the country on the slave question. +Great Britain had proposed that "A reciprocal right of search ... be +conceded by the United States, limited as to place, and subject to +specified restrictions. It is to be employed only in repressing the +Slave Trade, and to be exercised under a written and specific authority, +conferred on the Commander of the visiting ship." In the act of +accession, "it will be necessary that the right of search should be +extended to the coasts of the United States," and Great Britain will in +turn extend it to the British West Indies. This proposal was finally +refused, March 24, 1834, chiefly, as stated, because of the extension of +the Right of Search to the coasts of the United States. This part was +waived by Great Britain, July 7, 1834. On Sept. 12 the French Minister +joined in urging accession. On Oct. 4, 1834, Forsyth states that the +determination has "been definitely formed, not to make the United States +a party to any Convention on the subject of the Slave Trade." +_Parliamentary Papers_, 1835, Vol. LI., _Slave Trade_, Class B., pp. +84-92. + + +~1833, Dec. 23. Georgia: Slave-Trade Acts Amended.~ + +"An Act to reform, amend, and consolidate the penal laws of the State of +Georgia." + +13th Division. "Offences relative to Slaves":-- + +Sec. 1. "If any person or persons shall bring, import, or introduce into +this State, or aid or assist, or knowingly become concerned or +interested, in bringing, importing, or introducing into this State, +either by land or by water, or in any manner whatever, any slave or +slaves, each and every such person or persons so offending, shall be +deemed principals in law, and guilty of a high misdemeanor, and ... on +conviction, shall be punished by a fine not exceeding five hundred +dollars each, for each and every slave, ... and imprisonment and labor +in the penitentiary for any time not less than one year, nor longer than +four years." Residents, however, may bring slaves for their own use, but +must register and swear they are not for sale, hire, mortgage, etc. + +Sec. 6. Penalty for knowingly receiving such slaves, $500. Slightly amended +Dec. 23, 1836, e.g., emigrants were allowed to hire slaves out, etc.; +amended Dec. 19, 1849, so as to allow importation of slaves from "any +other slave holding State of this Union." Prince, _Digest_, pp. 619, +653, 812; Cobb, _Digest_, II. 1018. + + +~1834, Jan. 24. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $5,000. _Statutes at Large_, IV. 670, 671. + + +~1836, March 17. Texas: African Slave-Trade Prohibited.~ + +Constitution of the Republic of Texas: General Provisions:-- + +Sec. 9. All persons of color who were slaves for life before coming to +Texas shall remain so. "Congress shall pass no laws to prohibit +emigrants from bringing their slaves into the republic with them, and +holding them by the same tenure by which such slaves were held in the +United States; ... the importation or admission of Africans or negroes +into this republic, excepting from the United States of America, is +forever prohibited, and declared to be piracy." _Laws of the Republic of +Texas_ (Houston, 1838), I. 19. + + +~1836, Dec. 21. Texas: Slave-Trade made Piracy.~ + +"An Act supplementary to an act, for the punishment of Crimes and +Misdemeanors." + +Sec. 1. "_Be it enacted_ ..., That if any person or persons shall introduce +any African negro or negroes, contrary to the true intent and meaning of +the ninth section of the general provisions of the constitution, ... +except such as are from the United States of America, and had been held +as slaves therein, be considered guilty of piracy; and upon conviction +thereof, before any court having cognizance of the same, shall suffer +death, without the benefit of clergy." + +Sec. 2. The introduction of Negroes from the United States of America, +except of those legally held as slaves there, shall be piracy. _Ibid._, +I. 197. Cf. _House Doc._, 27 Cong. 1 sess. No. 34, p. 42. + + +~1837, March 3. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc., $11,413.57. _Statutes at Large_, V. 155, 157. + + +~1838, March 19. Congress (Senate): Slave-Trade with Texas, etc.~ + +"Mr. Morris submitted the following motion for consideration: + +"_Resolved_, That the Committee on the Judiciary be instructed to +inquire whether the present laws of the United States, on the subject of +the slave trade, will prohibit that trade being carried on between +citizens of the United States and citizens of the Republic of Texas, +either by land or by sea; and whether it would be lawful in vessels +owned by citizens of that Republic, and not lawful in vessels owned by +citizens of this, or lawful in both, and by citizens of both countries; +and also whether a slave carried from the United States into a foreign +country, and brought back, on returning into the United States, is +considered a free person, or is liable to be sent back, if demanded, as +a slave, into that country from which he or she last came; and also +whether any additional legislation by Congress is necessary on any of +these subjects." March 20, the motion of Mr. Walker that this resolution +"lie on the table," was determined in the affirmative, 32 to 9. _Senate +Journal_, 25 Cong. 2 sess. pp. 297-8, 300. + + +~1839, Feb. 5. Congress (Senate): Bill to Amend Slave-Trade Acts.~ + +"Mr. Strange, on leave, and in pursuance of notice given, introduced a +bill to amend an act entitled an act to prohibit the importation of +slaves into any port in the jurisdiction of the United States; which was +read twice, and referred to the Committee on Commerce." March 1, the +Committee was discharged from further consideration of the bill. +_Congressional Globe_, 25 Cong. 3 sess. p. 172; _Senate Journal_, 25 +Cong. 3 sess. pp. 200, 313. + + +~1839, Dec. 24. President Van Buren's Message.~ + +"It will be seen by the report of the Secretary of the navy respecting +the disposition of our ships of war, that it has been deemed necessary +to station a competent force on the coast of Africa, to prevent a +fraudulent use of our flag by foreigners. + +"Recent experience has shown that the provisions in our existing laws +which relate to the sale and transfer of American vessels while abroad, +are extremely defective. Advantage has been taken of these defects to +give to vessels wholly belonging to foreigners, and navigating the +ocean, an apparent American ownership. This character has been so well +simulated as to afford them comparative security in prosecuting the +slave trade, a traffic emphatically denounced in our statutes, regarded +with abhorrence by our citizens, and of which the effectual suppression +is nowhere more sincerely desired than in the United States. These +circumstances make it proper to recommend to your early attention a +careful revision of these laws, so that ... the integrity and honor of +our flag may be carefully preserved." _House Journal_, 26 Cong. 1 sess. +pp. 117-8. + + +~1840, Jan. 3. Congress (Senate): Bill to Amend Act of 1807.~ + +"Agreeably to notice, Mr. Strange asked and obtained leave to bring in a +bill (Senate, No. 123) to amend an act entitled 'An act to prohibit the +importation of slaves into any port or place within the jurisdiction of +the United States from and after the 1st day of January, in the year +1808,' approved the 2d day of March, 1807; which was read the first and +second times, by unanimous consent, and referred to the Committee on the +Judiciary." Jan. 8, it was reported without amendment; May 11, it was +considered, and, on motion by Mr. King, "_Ordered_, That it lie on the +table." _Senate Journal_, 26 Cong. 1 sess. pp. 73, 87, 363. + + +~1840, May 4. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Davis, from the Committee on Commerce, reported a bill (Senate, No. +335) making further provision to prevent the abuse of the flag of the +United States, and the use of unauthorized papers in the foreign +slavetrade, and for other purposes." This passed the Senate, but was +dropped in the House. _Ibid._, pp. 356, 359, 440, 442; _House Journal_, +26 Cong. 1 sess. pp. 1138, 1228, 1257. + + +~1841, June 1. Congress (House): President Tyler's Message.~ + +"I shall also, at the proper season, invite your attention to the +statutory enactments for the suppression of the slave trade, which may +require to be rendered more efficient in their provisions. There is +reason to believe that the traffic is on the increase. Whether such +increase is to be ascribed to the abolition of slave labor in the +British possessions in our vicinity, and an attendant diminution in the +supply of those articles which enter into the general consumption of the +world, thereby augmenting the demand from other quarters, ... it were +needless to inquire. The highest considerations of public honor, as well +as the strongest promptings of humanity, require a resort to the most +vigorous efforts to suppress the trade." _House Journal_, 27 Cong. 1 +sess. pp. 31, 184. + + +~1841, Dec. 7. President Tyler's Message.~ + +Though the United States is desirous to suppress the slave-trade, she +will not submit to interpolations into the maritime code at will by +other nations. This government has expressed its repugnance to the trade +by several laws. It is a matter for deliberation whether we will enter +upon treaties containing mutual stipulations upon the subject with other +governments. The United States will demand indemnity for all +depredations by Great Britain. + +"I invite your attention to existing laws for the suppression of the +African slave trade, and recommend all such alterations as may give to +them greater force and efficacy. That the American flag is grossly +abused by the abandoned and profligate of other nations is but too +probable. Congress has, not long since, had this subject under its +consideration, and its importance well justifies renewed and anxious +attention." _House Journal_, 27 Cong. 2 sess. pp. 14-5, 86, 113. + + +~1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and France: +Quintuple Treaty.]~ _British and Foreign State Papers_, 1841-2, p. 269 +ff. + + +~1842, Feb. 15. Right of Search: Cass's Protest.~ + +Cass writes to Webster, that, considering the fact that the signing of +the Quintuple Treaty would oblige the participants to exercise the Right +of Search denied by the United States, or to make a change in the +hitherto recognized law of nations, he, on his own responsibility, +addressed the following protest to the French Minister of Foreign +Affairs, M. Guizot:-- + + "LEGATION OF THE UNITED STATES, + "PARIS, FEBRUARY 13, 1842. + +"SIR: The recent signature of a treaty, having for its object +the suppression of the African slave trade, by five of the powers of +Europe, and to which France is a party, is a fact of such general +notoriety that it may be assumed as the basis of any diplomatic +representations which the subject may fairly require." + +The United States is no party to this treaty. She denies the Right of +Visitation which England asserts. [Quotes from the presidential message +of Dec. 7, 1841.] This principle is asserted by the treaty. + +" ... The moral effect which such a union of five great powers, two of +which are eminently maritime, but three of which have perhaps never had +a vessel engaged in that traffic, is calculated to produce upon the +United States, and upon other nations who, like them, may be indisposed +to these combined movements, though it may be regretted, yet furnishes +no just cause of complaint. But the subject assumes another aspect when +they are told by one of the parties that their vessels are to be +forcibly entered and examined, in order to carry into effect these +stipulations. Certainly the American Government does not believe that +the high powers, contracting parties to this treaty, have any wish to +compel the United States, by force, to adopt their measures to its +provisions, or to adopt its stipulations ...; and they will see with +pleasure the prompt disavowal made by yourself, sir, in the name of your +country, ... of any intentions of this nature. But were it otherwise, +... They would prepare themselves with apprehension, indeed, but without +dismay--with regret, but with firmness--for one of those desperate +struggles which have sometimes occurred in the history of the world." + +If, as England says, these treaties cannot be executed without visiting +United States ships, then France must pursue the same course. It is +hoped, therefore, that his Majesty will, before signing this treaty, +carefully examine the pretensions of England and their compatibility +with the law of nations and the honor of the United States. _Senate +Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. +VIII. No. 377, pp. 192-5. + + +~1842, Feb. 26. Mississippi: Resolutions on Creole Case.~ + +The following resolutions were referred to the Committee on Foreign +Affairs in the United States Congress, House of Representatives, May 10, +1842: + +"Whereas, the right of search has never been yielded to Great Britain," +and the brig Creole has not been surrendered by the British authorities, +etc., therefore, + +Sec. 1. "_Be it resolved by the Legislature of the State of Mississippi_, +That ... the right of search cannot be conceded to Great Britain without +a manifest servile submission, unworthy a free nation.... + +Sec. 2. "_Resolved_, That any attempt to detain and search our vessels, by +British cruisers, should be held and esteemed an unjustifiable outrage +on the part of the Queen's Government; and that any such outrage, which +may have occurred since Lord Aberdeen's note to our envoy at the Court +of St. James, of date October thirteen, eighteen hundred and forty-one, +(if any,) may well be deemed, by our Government, just cause of war." + +Sec. 3. "_Resolved_, That the Legislature of the State, in view of the late +murderous insurrection of the slaves on board the Creole, their +reception in a British port, the absolute connivance at their crimes, +manifest in the protection extended to them by the British authorities, +most solemnly declare their firm conviction that, if the conduct of +those authorities be submitted to, compounded for by the payment of +money, or in any other manner, or atoned for in any mode except by the +surrender of the actual criminals to the Federal Government, and the +delivery of the other identical slaves to their rightful owner or +owners, or his or their agents, the slaveholding States would have most +just cause to apprehend that the American flag is powerless to protect +American property; that the Federal Government is not sufficiently +energetic in the maintenance and preservation of their peculiar rights; +and that these rights, therefore, are in imminent danger." + +Sec. 4. _Resolved_, That restitution should be demanded "at all hazards." +_House Doc._, 27 Cong. 2 sess. IV. No. 215. + +~1842, March 21. Congress (House): Giddings's Resolutions.~ + +Mr. Giddings moved the following resolutions:-- + +Sec. 5. "_Resolved_, That when a ship belonging to the citizens of any +State of this Union leaves the waters and territory of such State, and +enters upon the high seas, the persons on board cease to be subject to +the slave laws of such State, and therefore are governed in their +relations to each other by, and are amenable to, the laws of the United +States." + +Sec. 6. _Resolved_, That the slaves in the brig Creole are amenable only to +the laws of the United States. + +Sec. 7. _Resolved_, That those slaves by resuming their natural liberty +violated no laws of the United States. + +Sec. 8. _Resolved_, That all attempts to re-enslave them are +unconstitutional, etc. + +Moved that these resolutions lie on the table; defeated, 53 to 125. Mr. +Giddings withdrew the resolutions. Moved to censure Mr. Giddings, and he +was finally censured. _House Journal_, 27 Cong. 2 sess. pp. 567-80. + + +~1842, May 10. Congress (House): Remonstrance of Mississippi against +Right of Search.~ + +"Mr. Gwin presented resolutions of the Legislature of the State of +Mississippi, against granting the right of search to Great Britain for +the purpose of suppressing the African slave trade; urging the +Government to demand of the British Government redress and restitution +in relation to the case of the brig Creole and the slaves on board." +Referred to the Committee on Foreign Affairs. _House Journal_, 27 Cong. +2 sess. p. 800. + + +~1842, Aug. 4. United States Statute: Appropriation.~ + +"An Act making appropriations for the naval service," etc. + +"For carrying into effect the acts for the suppression of the slave +trade," etc. $10,543.42. _Statutes at Large_, V. 500, 501. + + +~1842, Nov. 10. Joint-Cruising Treaty with Great Britain.~ + +"Treaty to settle and define boundaries; for the final suppression of +the African slave-trade; and for the giving up of criminals fugitive +from justice. Concluded August 9, 1842; ratifications exchanged at +London October 13, 1842; proclaimed November 10, 1842." Articles VIII., +and IX. Ratified by the Senate by a vote of 39 to 9, after several +unsuccessful attempts to amend it. _U.S. Treaties and Conventions_ +(1889), pp. 436-7; _Senate Exec. Journal_, VI. 118-32. + + +~1842, Dec. 7. President Tyler's Message.~ + +The treaty of Ghent binds the United States and Great Britain to the +suppression of the slave-trade. The Right of Search was refused by the +United States, and our Minister in France for that reason protested +against the Quintuple Treaty; his conduct had the approval of the +administration. On this account the eighth article was inserted, causing +each government to keep a flotilla in African waters to enforce the +laws. If this should be done by all the powers, the trade would be swept +from the ocean. _House Journal_, 27 Cong. 3 sess. pp. 16-7. + + +~1843, Feb. 22. Congress (Senate): Appropriation Opposed.~ + +Motion by Mr. Benton, during debate on naval appropriations, to strike +out appropriation "for the support of Africans recaptured on the coast +of Africa or elsewhere, and returned to Africa by the armed vessels of +the United States, $5,000." Lost; similar proposition by Bagby, lost. +Proposition to strike out appropriation for squadron, lost. March 3, +bill becomes a law, with appropriation for Africans, but without that +for squadron. _Congressional Globe_, 27 Cong. 3 sess. pp. 328, 331-6; +_Statutes at Large_, V. 615. + + +~1845, Feb. 20. President Tyler's Special Message to Congress.~ + +Message on violations of Brazilian slave-trade laws by Americans. _House +Journal_, 28 Cong. 2 sess. pp. 425, 463; _House Doc._, 28 Cong. 2 sess. +IV. No. 148. Cf. _Ibid._, 29 Cong. 1 sess. III. No. 43. + + +~1846, Aug. 10. United States Statute: Appropriation.~ + +"For carrying into effect the acts for the suppression of the slave +trade, including the support of recaptured Africans, and their removal +to their country, twenty-five thousand dollars." _Statutes at Large_, +IX. 96. + + +~1849, Dec. 4. President Taylor's Message.~ + +"Your attention is earnestly invited to an amendment of our existing +laws relating to the African slave-trade, with a view to the effectual +suppression of that barbarous traffic. It is not to be denied that this +trade is still, in part, carried on by means of vessels built in the +United States, and owned or navigated by some of our citizens." _House +Exec. Doc._, 31 Cong. 1 sess. III. No. 5, pp. 7-8. + + +~1850, Aug. 1. Congress (House): Bill for War Steamers.~ + +"A bill (House, No. 367) to establish a line of war steamers to the +coast of Africa for the suppression of the slave trade and the promotion +of commerce and colonization." Read twice, and referred to Committee of +the Whole. _House Journal_, 31 Cong. 1 sess. pp. 1022, 1158, 1217. + + +~1850, Dec. 16. Congress (House): Treaty of Washington.~ + +"Mr. Burt, by unanimous consent, introduced a joint resolution (No. 28) +'to terminate the eighth article of the treaty between the United +States and Great Britain concluded at Washington the ninth day of +August, 1842.'" Read twice, and referred to the Committee on Naval +Affairs. _Ibid._, 31 Cong. 2 sess. p. 64. + + +~1851, Jan. 22. Congress (Senate): Resolution on Sea Letters.~ + +"The following resolution, submitted by Mr. Clay the 20th instant, came +up for consideration:-- + +"_Resolved_, That the Committee on Commerce be instructed to inquire +into the expediency of making more effectual provision by law to prevent +the employment of American vessels and American seamen in the African +slave trade, and especially as to the expediency of granting sea letters +or other evidence of national character to American vessels clearing out +of the ports of the empire of Brazil for the western coast of Africa." +Agreed to. _Congressional Globe_, 31 Cong. 2 sess. pp. 304-9; _Senate +Journal_, 31 Cong. 2 sess. pp. 95, 102-3. + + +~1851, Feb. 19. Congress (Senate): Bill on Slave-Trade.~ + +"A bill (Senate, No. 472) concerning the intercourse and trade of +vessels of the United States with certain places on the eastern and +western coasts of Africa, and for other purposes." Read once. _Senate +Journal_, 31 Cong. 2 sess. pp. 42, 45, 84, 94, 159, 193-4; +_Congressional Globe_, 31 Cong. 2 sess. pp. 246-7. + + +~1851, Dec. 3. Congress (House): Bill to Amend Act of 1807.~ + +Mr. Giddings gave notice of a bill to repeal Sec.Sec. 9 and 10 of the act to +prohibit the importation of slaves, etc. from and after Jan. 1, 1808. +_House Journal_, 32 Cong. 1 sess. p. 42. Cf. _Ibid._, 33 Cong. 1 sess. +p. 147. + + +~1852, Feb. 5. Alabama: Illegal Importations.~ + +By code approved on this date:-- + +Sec.Sec. 2058-2062. If slaves have been imported contrary to law, they are to +be sold, and one fourth paid to the agent or informer and the residue to +the treasury. An agent is to be appointed to take charge of such +slaves, who is to give bond. Pending controversy, he may hire the slaves +out. Ormond, _Code of Alabama_, pp. 392-3. + + +~1853, March 3. Congress (Senate): Appropriation Proposed.~ + +A bill making appropriations for the naval service for the year ending +June 30, 1854. Mr. Underwood offered the following amendment:-- + +"For executing the provisions of the act approved 3d of March, 1819, +entitled 'An act in addition to the acts prohibiting the slave trade,' +$20,000." Amendment agreed to, and bill passed. It appears, however, to +have been subsequently amended in the House, and the appropriation does +not stand in the final act. _Congressional Globe_, 32 Cong. 2 sess. p. +1072; _Statutes at Large_, X. 214. + + +~1854, May 22. Congress (Senate): West India Slave-Trade.~ + +Mr. Clayton presented the following resolution, which was unanimously +agreed to:-- + +"_Resolved_, That the Committee on Foreign Relations be instructed to +inquire into the expediency of providing by law for such restrictions on +the power of American consuls residing in the Spanish West India islands +to issue sea letters on the transfer of American vessels in those +islands, as will prevent the abuse of the American flag in protecting +persons engaged in the African slave trade." June 26, 1854, this +committee reported "a bill (Senate, No. 416) for the more effectual +suppression of the slave-trade in American built vessels." Passed +Senate, postponed in House. _Senate Journal_, 33 Cong. 1 sess. pp. 404, +457-8, 472-3, 476; _House Journal_, 33 Cong. 1 sess. pp. 1093, 1332-3; +_Congressional Globe_, 33 Cong. 1 sess. pp. 1257-61, 1511-3, 1591-3, +2139. + + +~1854, May 29. Congress (Senate): Treaty of Washington.~ + +_Resolved_, "that, in the opinion of the Senate, it is expedient, and in +conformity with the interests and sound policy of the United States, +that the eighth article of the treaty between this government and Great +Britain, of the 9th of August, 1842, should be abrogated." Introduced by +Slidell, and favorably reported from Committee on Foreign Relations in +Executive Session, June 13, 1854. _Senate Journal_, 34 Cong. 1-2 sess. +pp. 396, 695-8; _Senate Reports_, 34 Cong. 1 sess. I. No. 195. + + +~1854, June 21. Congress (Senate): Bill Regulating Navigation.~ + +"Mr. Seward asked and obtained leave to bring in a bill (Senate, No. +407) to regulate navigation to the coast of Africa in vessels owned by +citizens of the United States, in certain cases; which was read and +passed to a second reading." June 22, ordered to be printed. _Senate +Journal_, 33 Cong. 1 sess. pp. 448, 451; _Congressional Globe_, 33 Cong. +1 sess. pp. 1456, 1461, 1472. + + +~1854, June 26. Congress (Senate): Bill to Suppress Slave-Trade.~ + +"A bill for the more effectual suppression of the slave trade in +American built vessels." See references to May 22, 1854, above. + + +~1856, June 23. Congress (House): Proposition to Amend Act of 1818.~ + +Notice given of a bill to amend the Act of April 20, 1818. _House +Journal_, 34 Cong. 1 sess. II. 1101. + + +~1856, Aug. 18. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $8,000. +_Statutes at Large_, XI. 90. + + +~1856, Nov. 24. South Carolina: Governor's Message.~ + +Governor Adams, in his annual message to the legislature, said:-- + +"It is apprehended that the opening of this trade [_i.e._, the +slave-trade] will lessen the value of slaves, and ultimately destroy the +institution. It is a sufficient answer to point to the fact, that +unrestricted immigration has not diminished the value of labor in the +Northwestern section of the confederacy. The cry there is, want of +labor, notwithstanding capital has the pauperism of the old world to +press into its grinding service. If we cannot supply the demand for +slave labor, then we must expect to be supplied with a species of labor +we do not want, and which is, from the very nature of things, +antagonistic to our institutions. It is much better that our drays +should be driven by slaves--that our factories should be worked by +slaves--that our hotels should be served by slaves--that our locomotives +should be manned by slaves, than that we should be exposed to the +introduction, from any quarter, of a population alien to us by birth, +training, and education, and which, in the process of time, must lead to +that conflict between capital and labor, 'which makes it so difficult to +maintain free institutions in all wealthy and highly civilized nations +where such institutions as ours do not exist.' In all slaveholding +States, true policy dictates that the superior race should direct, and +the inferior perform all menial service. Competition between the white +and black man for this service, may not disturb Northern sensibility, +but it does not exactly suit our latitude." _South Carolina House +Journal_, 1856, p. 36; Cluskey, _Political Text-Book_, 14 edition, p. +585. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That this House of Representatives regards all suggestions +and propositions of every kind, by whomsoever made, for a revival of the +African slave trade, as shocking to the moral sentiment of the +enlightened portion of mankind; and that any action on the part of +Congress conniving at or legalizing that horrid and inhuman traffic +would justly subject the government and citizens of the United States to +the reproach and execration of all civilized and Christian people +throughout the world." Offered by Mr. Etheridge; agreed to, 152 to 57. +_House Journal_, 34 Cong. 3 sess. pp. 105-11; _Congressional Globe_, 34 +Cong. 3 sess. pp. 123-5, and Appendix, pp. 364-70. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That it is inexpedient to repeal the laws prohibiting the +African slave trade." Offered by Mr. Orr; not voted upon. _Congressional +Globe_, 34 Cong. 3 sess. p. 123. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That it is inexpedient, unwise, and contrary to the settled +policy of the United States, to repeal the laws prohibiting the African +slave trade." Offered by Mr. Orr; agreed to, 183 to 8. _House Journal_, +34 Cong. 3 sess. pp. 111-3; _Congressional Globe_, 34 Cong. 3 sess. pp. +125-6. + + +~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~ + +"_Resolved_, That the House of Representatives, expressing, as they +believe, public opinion both North and South, are utterly opposed to the +reopening of the slave trade." Offered by Mr. Boyce; not voted upon. +_Congressional Globe_, 34 Cong. 3 sess. p. 125. + + +~1857. South Carolina: Report of Legislative Committee.~ + +Special committee of seven on the slave-trade clause in the Governor's +message report: majority report of six members, favoring the reopening +of the African slave-trade; minority report of Pettigrew, opposing it. +_Report of the Special Committee_, etc., published in 1857. + + +~1857, March 3. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $8,000. +_Statutes at Large_, XI. 227; _House Journal_, 34 Cong. 3 sess. p. 397. +Cf. _House Exec. Doc._, 34 Cong. 3 sess. IX. No. 70. + + +~1858, March (?). Louisiana: Bill to Import Africans.~ + +Passed House; lost in Senate by two votes. Cf. _Congressional Globe_, 35 +Cong. 1 sess. p. 1362. + + +~1858, Dec. 6. President Buchanan's Message.~ + +"The truth is, that Cuba in its existing colonial condition, is a +constant source of injury and annoyance to the American people. It is +the only spot in the civilized world where the African slave trade is +tolerated; and we are bound by treaty with Great Britain to maintain a +naval force on the coast of Africa, at much expense both of life and +treasure, solely for the purpose of arresting slavers bound to that +island. The late serious difficulties between the United States and +Great Britain respecting the right of search, now so happily terminated, +could never have arisen if Cuba had not afforded a market for slaves. As +long as this market shall remain open, there can be no hope for the +civilization of benighted Africa.... + +"It has been made known to the world by my predecessors that the United +States have, on several occasions, endeavored to acquire Cuba from Spain +by honorable negotiation. If this were accomplished, the last relic of +the African slave trade would instantly disappear. We would not, if we +could, acquire Cuba in any other manner. This is due to our national +character.... This course we shall ever pursue, unless circumstances +should occur, which we do not now anticipate, rendering a departure from +it clearly justifiable, under the imperative and overruling law of +self-preservation." _House Exec. Doc._, 35 Cong. 2 sess. II. No. 2, pp. +14-5. See also _Ibid._, pp. 31-3. + + +~1858, Dec. 23. Congress (House): Resolution on Slave-Trade.~ + +On motion of Mr. Farnsworth, + +"_Resolved_, That the Committee on Naval Affairs be requested to inquire +and report to this House if any, and what, further legislation is +necessary on the part of the United States to fully carry out and +perform the stipulations contained in the eighth article of the treaty +with Great Britain (known as the 'Ashburton treaty') for the suppression +of the slave trade." _House Journal_, 35 Cong. 2 sess. pp. 115-6. + + +~1859, Jan. 5. Congress (Senate): Resolution on Slave-Trade.~ + +On motion of Mr. Seward, Dec. 21, 1858, + +"_Resolved_, That the Committee on the Judiciary inquire whether any +amendments to existing laws ought to be made for the suppression of the +African slave trade." _Senate Journal_, 35 Cong. 2 sess. pp. 80, 108, +115. + + +~1859, Jan. 13. Congress (Senate): Bill on Slave-Trade.~ + +Mr. Seward introduced "a bill (Senate, No. 510) in addition to the acts +which prohibit the slave trade." Referred to committee, reported, and +dropped. _Ibid._, pp. 134, 321. + + +~1859, Jan. 31. Congress (House): Reopening of Slave-Trade.~ + +"Mr. Kilgore moved that the rules be suspended, so as to enable him to +submit the following preamble and resolutions, viz: + +"Whereas the laws prohibiting the African slave trade have become a +topic of discussion with newspaper writers and political agitators, many +of them boldly denouncing these laws as unwise in policy and disgraceful +in their provisions, and insisting on the justice and propriety of their +repeal, and the revival of the odious traffic in African slaves; and +whereas recent demonstrations afford strong reasons to apprehend that +said laws are to be set at defiance, and their violation openly +countenanced and encouraged by a portion of the citizens of some of the +States of this Union; and whereas it is proper in view of said facts +that the sentiments of the people's representatives in Congress should +be made public in relation thereto: Therefore-- + +"_Resolved_, That while we recognize no right on the part of the federal +government, or any other law-making power, save that of the States +wherein it exists, to interfere with or disturb the institution of +domestic slavery where it is established or protected by State +legislation, we do hold that Congress has power to prohibit the foreign +traffic, and that no legislation can be too thorough in its measures, +nor can any penalty known to the catalogue of modern punishment for +crime be too severe against a traffic so inhuman and unchristian. + +"_Resolved_, That the laws in force against said traffic are founded +upon the broadest principles of philanthropy, religion, and humanity; +that they should remain unchanged, except so far as legislation may be +needed to render them more efficient; that they should be faithfully and +promptly executed by our government, and respected by all good citizens. + +"_Resolved_, That the Executive should be sustained and commended for +any proper efforts whenever and wherever made to enforce said laws, and +to bring to speedy punishment the wicked violators thereof, and all +their aiders and abettors." + +Failed of the two-thirds vote necessary to suspend the rules--the vote +being 115 to 84--and was dropped. _House Journal_, 35 Cong. 2 sess. pp. +298-9. + + +~1859, March 3. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, and to pay +expenses already incurred, $75,000. _Statutes at Large_, XI. 404. + + +~1859, Dec. 19. President Buchanan's Message.~ + +"All lawful means at my command have been employed, and shall continue +to be employed, to execute the laws against the African slave trade. +After a most careful and rigorous examination of our coasts, and a +thorough investigation of the subject, we have not been able to discover +that any slaves have been imported into the United States except the +cargo by the Wanderer, numbering between three and four hundred. Those +engaged in this unlawful enterprise have been rigorously prosecuted, but +not with as much success as their crimes have deserved. A number of them +are still under prosecution. [Here follows a history of our slave-trade +legislation.] + +"These acts of Congress, it is believed, have, with very rare and +insignificant exceptions, accomplished their purpose. For a period of +more than half a century there has been no perceptible addition to the +number of our domestic slaves.... Reopen the trade, and it would be +difficult to determine whether the effect would be more deleterious on +the interests of the master, or on those of the native born slave, ..." +_Senate Exec. Doc._, 36 Cong. 1 sess. I. No. 2, pp. 5-8. + + +~1860, March 20. Congress (Senate): Proposed Resolution.~ + +"Mr. Wilson submitted the following resolution; which was considered, by +unanimous consent, and agreed to:-- + +"_Resolved_, That the Committee on the Judiciary be instructed to +inquire into the expediency of so amending the laws of the United States +in relation to the suppression of the African slave trade as to provide +a penalty of imprisonment for life for a participation in such trade, +instead of the penalty of forfeiture of life, as now provided; and also +an amendment of such laws as will include in the punishment for said +offense all persons who fit out or are in any way connected with or +interested in fitting out expeditions or vessels for the purpose of +engaging in such slave trade." _Senate Journal_, 36 Cong. 1 sess. p. +274. + + +~1860, March 20. Congress (Senate): Right of Search.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a joint resolution (Senate, No. 20) to secure the right of search on the +coast of Africa, for the more effectual suppression of the African slave +trade." Read twice, and referred to Committee on Foreign Relations. +_Ibid._ + + +~1860, March 20. Congress (Senate): Steam Vessels for Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 296) for the construction of five steam screw +sloops-of-war, for service on the African coast." Read twice, and +referred to Committee on Naval Affairs; May 23, reported with an +amendment. _Ibid._, pp. 274, 494-5. + + +~1860 March 26. Congress (House): Proposed Resolutions.~ + +"Mr. Morse submitted ... the following resolutions; which were read and +committed to the Committee of the Whole House on the state of the Union, +viz: + +"_Resolved_, That for the more effectual suppression of the African +slave trade the treaty of 1842 ..., requiring each country to keep +_eighty_ guns on the coast of Africa for that purpose, should be so +changed as to require a specified and sufficient number of small +steamers and fast sailing brigs or schooners to be kept on said +coast.... + +"_Resolved_, That as the African slave trade appears to be rapidly +increasing, some effective mode of identifying the nationality of a +vessel on the coast of Africa suspected of being in the slave trade or +of wearing false colors should be immediately adopted and carried into +effect by the leading maritime nations of the earth; and that the +government of the United States has thus far, by refusing to aid in +establishing such a system, shown a strange neglect of one of the best +means of suppressing said trade. + +"_Resolved_, That the African slave trade is against the moral sentiment +of mankind and a crime against human nature; and that as the most highly +civilized nations have made it a criminal offence or piracy under their +own municipal laws, it ought at once and without hesitation to be +declared a crime by the code of international law; and that ... the +President be requested to open negotiations on this subject with the +leading powers of Europe." ... _House Journal_, 36 Cong. 1 sess. I. +588-9. + + +~1860, April 16. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 408) for the more effectual suppression of the slave +trade." Bill read twice, and ordered to lie on the table; May 21, +referred to Committee on the Judiciary, and printed. _Senate Journal_, +36 Cong. 1 sess. pp. 394, 485; _Congressional Globe_, 36 Cong. 1 sess. +pp. 1721, 2207-11. + + +~1860, May 21. Congress (House): Buyers of Imported Negroes.~ + +"Mr. Wells submitted the following resolution, and debate arising +thereon, it lies over under the rule, viz: + +"_Resolved_, That the Committee on the Judiciary be instructed to report +forthwith a bill providing that any person purchasing any negro or other +person imported into this country in violation of the laws for +suppressing the slave trade, shall not by reason of said purchase +acquire any title to said negro or person; and where such purchase is +made with a knowledge that such negro or other person has been so +imported, shall forfeit not less than one thousand dollars, and be +punished by imprisonment for a term not less than six months." _House +Journal_, 36 Cong. 1 sess. II. 880. + + +~1860, May 26. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, $40,000. +_Statutes at Large_, XII. 21. + + +~1860, June 16. United States Statute: Additional Act to Act of 1819.~ + +"An Act to amend an Act entitled 'An Act in addition to the Acts +Prohibiting the Slave Trade.'" _Ibid._, XII. 40-1; _Senate Journal_, 36 +Cong. 1 sess., Senate Bill No. 464. + + +~1860, July 11. Great Britain: Proposed Co-operation.~ + +Lord John Russell suggested for the suppression of the trade:-- + +"1st. A systematic plan of cruising on the coast of Cuba by the vessels +of Great Britain, Spain, and the United States. + +"2d. Laws of registration and inspection in the Island of Cuba, by +which the employment of slaves, imported contrary to law, might be +detected by the Spanish authorities. + +"3d. A plan of emigration from China, regulated by the agents of +European nations, in conjunction with the Chinese authorities." +President Buchanan refused to co-operate on this plan. _House Exec. +Doc._, 36 Cong. 2 sess. IV. No. 7, pp. 441-3, 446-8. + + +~1860, Dec. 3. President Buchanan's Message.~ + +"It is with great satisfaction I communicate the fact that since the +date of my last annual message not a single slave has been imported into +the United States in violation of the laws prohibiting the African slave +trade. This statement is founded upon a thorough examination and +investigation of the subject. Indeed, the spirit which prevailed some +time since among a portion of our fellow-citizens in favor of this trade +seems to have entirely subsided." _Senate Exec. Doc._, 36 Cong. 2 sess. +I. No. 1, p. 24. + + +~1860, Dec. 12. Congress (House): Proposition to Amend Constitution.~ + +Mr. John Cochrane's resolution:-- + +"The migration or importation of slaves into the United States or any of +the Territories thereof, from any foreign country, is hereby +prohibited." _House Journal_, 36 Cong. 2 sess. pp. 61-2; _Congressional +Globe_, 36 Cong. 2 sess. p. 77. + + +~1860, Dec. 24. Congress (Senate): Bill on Slave-Trade.~ + +"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in +a bill (Senate, No. 529) for the more effectual suppression of the slave +trade." Read twice, and referred to Committee on the Judiciary; not +mentioned again. _Senate Journal_, 36 Cong. 2 sess. p. 62; +_Congressional Globe_, 36 Cong. 2 sess. p. 182. + + +~1861, Jan. 7. Congress (House): Proposition to Amend Constitution.~ + +Mr. Etheridge's resolution:-- + +Sec. 5. "The migration or importation of persons held to service or labor +for life, or a term of years, into any of the States, or the Territories +belonging to the United States, is perpetually prohibited; and Congress +shall pass all laws necessary to make said prohibition effective." +_Congressional Globe_, 36 Cong. 2 sess. p. 279. + + +~1861, Jan. 23. Congress (House): Proposition to Amend Constitution.~ + +Resolution of Mr. Morris of Pennsylvania:--"Neither Congress nor a +Territorial Legislature shall make any law respecting slavery or +involuntary servitude, except as a punishment for crime; but Congress +may pass laws for the suppression of the African slave trade, and the +rendition of fugitives from service or labor in the States." Mr. Morris +asked to have it printed, that he might at the proper time move it as an +amendment to the report of the select committee of thirty-three. It was +ordered to be printed. _Ibid._, p. 527. + + +~1861, Feb. 1. Congress (House): Proposition to Amend Constitution.~ + +Resolution of Mr. Kellogg of Illinois:-- + +Sec. 16. "The migration or importation of persons held to service or +involuntary servitude into any State, Territory, or place within the +United States, from any place or country beyond the limits of the United +States or Territories thereof, is forever prohibited." Considered Feb. +27, 1861, and lost. _Ibid._, pp. 690, 1243, 1259-60. + + +~1861, Feb. 8. Confederate States of America: Importation Prohibited.~ + +Constitution for the Provisional Government of the Confederate States of +America, Article I. Section 7:-- + +"1. The importation of African negroes from any foreign country other +than the slave-holding States of the United States, is hereby forbidden; +and Congress are required to pass such laws as shall effectually prevent +the same. + +"2. The Congress shall also have power to prohibit the introduction of +slaves from any State not a member of this Confederacy." March 11, 1861, +this article was placed in the permanent Constitution. The first line +was changed so as to read "negroes of the African race." _C.S.A. +Statutes at Large, 1861-2_, pp. 3, 15. + + +~1861, Feb. 9. Confederate States of America: Statutory Prohibition.~ + +"_Be it enacted by the Confederate States of America in Congress +assembled_, That all the laws of the United States of America in force +and in use in the Confederate States of America on the first day of +November last, and not inconsistent with the Constitution of the +Confederate States, be and the same are hereby continued in force until +altered or repealed by the Congress." _Ibid._, p. 27. + + +~1861, Feb. 19. United States Statute: Appropriation.~ + +To supply deficiencies in the fund hitherto appropriated to carry out +the Act of March 3, 1819, and subsequent acts, $900,000. _Statutes at +Large_, XII. 132. + + +~1861, March 2. United States Statute: Appropriation.~ + +To carry out the Act of March 3, 1819, and subsequent acts, and to +provide compensation for district attorneys and marshals, $900,000. +_Ibid._, XII. 218-9. + + +~1861, Dec. 3. President Lincoln's Message.~ + +"The execution of the laws for the suppression of the African slave +trade has been confided to the Department of the Interior. It is a +subject of gratulation that the efforts which have been made for the +suppression of this inhuman traffic have been recently attended with +unusual success. Five vessels being fitted out for the slave trade have +been seized and condemned. Two mates of vessels engaged in the trade, +and one person in equipping a vessel as a slaver, have been convicted +and subjected to the penalty of fine and imprisonment, and one captain, +taken with a cargo of Africans on board his vessel, has been convicted +of the highest grade of offence under our laws, the punishment of which +is death." _Senate Exec. Doc._, 37 Cong. 2 sess. I. No. 1, p. 13. + + +~1862, Jan. 27. Congress (Senate): Bill on Slave-Trade.~ + +"Agreeably to notice Mr. Wilson, of Massachusetts, asked and obtained +leave to bring in a bill (Senate, No. 173), for the more effectual +suppression of the slave trade." Read twice, and referred to Committee +on the Judiciary; Feb. 11, 1863, reported adversely, and postponed +indefinitely. _Senate Journal_, 37 Cong. 2 sess. p. 143; 37 Cong. 3 +sess. pp. 231-2. + + +~1862, March 14. United States Statute: Appropriation.~ + +For compensation to United States marshals, district attorneys, etc., +for services in the suppression of the slave-trade, so much of the +appropriation of March 2, 1861, as may be expedient and proper, not +exceeding in all $10,000. _Statutes at Large_, XII. 368-9. + + +~1862, March 25. United States Statute: Prize Law.~ + +"An Act to facilitate Judicial Proceedings in Adjudications upon +Captured Property, and for the better Administration of the Law of +Prize." Applied to captures under the slave-trade law. _Ibid._, XII. +374-5; _Congressional Globe_, 37 Cong. 2 sess., Appendix, pp. 346-7. + + +~1862, June 7. Great Britain: Treaty of 1862.~ + +"Treaty for the suppression of the African slave trade. Concluded at +Washington April 7, 1862; ratifications exchanged at London May 20, +1862; proclaimed June 7, 1862." Ratified unanimously by the Senate. +_U.S. Treaties and Conventions_ (1889), pp. 454-66. See also _Senate +Exec. Journal_, XII. pp. 230, 231, 240, 254, 391, 400, 403. + + +~1862, July 11. United States Statute: Treaty of 1862 Carried into +Effect.~ + +"An Act to carry into Effect the Treaty between the United States and +her Britannic Majesty for the Suppression of the African Slave-Trade." +_Statutes at Large_, XII. 531; _Senate Journal_ and _House Journal_, +37 Cong. 2 sess., Senate Bill No. 352. + + +~1862, July 17. United States Statute: Former Acts Amended.~ + +"An Act to amend an Act entitled 'An Act to amend an Act entitled "An +Act in Addition to the Acts prohibiting the Slave Trade."'" _Statutes at +Large_, XII. 592-3; _Senate Journal_ and _House Journal_, 37 Cong. 2 +sess., Senate Bill No. 385. + + +~1863, Feb. 4. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Statutes at Large_, XII. 639. + + +~1863, March 3. Congress: Joint Resolution.~ + +"Joint Resolution respecting the Compensation of the Judges and so +forth, under the Treaty with Great Britain and other Persons employed in +the Suppression of the Slave Trade." _Statutes at Large_, XII. 829. + + +~1863, April 22. Great Britain: Treaty of 1862 Amended.~ + +"Additional article to the treaty for the suppression of the African +slave trade of April 7, 1862." Concluded February 17, 1863; +ratifications exchanged at London April 1, 1863; proclaimed April 22, +1863. + +Right of Search extended. _U.S. Treaties and Conventions_ (1889), pp. +466-7. + + +~1863, Dec. 17. Congress (House): Resolution on Coastwise Slave-Trade.~ + +Mr. Julian introduced a bill to repeal portions of the Act of March 2, +1807, relative to the coastwise slave-trade. Read twice, and referred to +Committee on the Judiciary. _Congressional Globe_, 38 Cong. 1 sess. p. +46. + + +~1864, July 2. United States Statute: Coastwise Slave-Trade Prohibited +Forever.~ + +Sec. 9 of Appropriation Act repeals Sec.Sec. 8 and 9 of Act of 1807. _Statutes at +Large_, XIII. 353. + + +~1864, Dec. 7. Great Britain: International Proposition.~ + +"The crime of trading in human beings has been for many years branded by +the reprobation of all civilized nations. Still the atrocious traffic +subsists, and many persons flourish on the gains they have derived from +that polluted source. + +"Her Majesty's government, contemplating, on the one hand, with +satisfaction the unanimous abhorrence which the crime inspires, and, on +the other hand, with pain and disgust the slave-trading speculations +which still subist [_sic_], have come to the conclusion that no measure +would be so effectual to put a stop to these wicked acts as the +punishment of all persons who can be proved to be guilty of carrying +slaves across the sea. Her Majesty's government, therefore, invite the +government of the United States to consider whether it would not be +practicable, honorable, and humane-- + +"1st. To make a general declaration, that the governments who are +parties to it denounce the slave trade as piracy. + +"2d. That the aforesaid governments should propose to their legislatures +to affix the penalties of piracy already existing in their +laws--provided, only, that the penalty in this case be that of death--to +all persons, being subjects or citizens of one of the contracting +powers, who shall be convicted in a court which takes cognizance of +piracy, of being concerned in carrying human beings across the sea for +the purpose of sale, or for the purpose of serving as slaves, in any +country or colony in the world." Signed, + "RUSSELL." + +Similar letters were addressed to France, Spain, Portugal, Austria, +Prussia, Italy, Netherlands, and Russia. _Diplomatic Correspondence_, +1865, pt. ii. pp. 4, 58-9, etc. + + +~1865, Jan. 24. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Statutes at Large_, XIII. 424. + + +~1866, April 7. United States Statute: Compensation to Marshals, etc.~ + +For additional compensation to United States marshals, district +attorneys, etc., for services in the suppression of the slave-trade, so +much of the appropriation of March 2, 1861, as may be expedient and +proper, not exceeding in all $10,000; and also so much as may be +necessary to pay the salaries of judges and the expenses of mixed +courts. _Ibid._, XIV. 23. + + +~1866, July 25. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Ibid._, XIV. 226. + + +~1867, Feb. 28. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$17,000. _Ibid._, XIV. 414-5. + + +~1868, March 30. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$12,500. _Ibid._, XV. 58. + + +~1869, Jan. 6. Congress (House): Abrogation of Treaty of 1862.~ + +Mr. Kelsey asked unanimous consent to introduce the following +resolution:-- + +"Whereas the slave trade has been practically suppressed; and whereas by +our treaty with Great Britain for the suppression of the slave trade +large appropriations are annually required to carry out the provisions +thereof: Therefore, + +"_Resolved_, That the Committee on Foreign Affairs are hereby instructed +to inquire into the expediency of taking proper steps to secure the +abrogation or modification of the treaty with Great Britain for the +suppression of the slave trade." Mr. Arnell objected. _Congressional +Globe_, 40 Cong. 3 sess. p. 224. + + +~1869, March 3. United States Statute: Appropriation.~ + +To carry out the treaty with Great Britain, proclaimed July 11, 1862, +$12,500; provided that the salaries of judges be paid only on condition +that they reside where the courts are held, and that Great Britain be +asked to consent to abolish mixed courts. _Statutes at Large_, XV. 321. + + +~1870, April 22. Congress (Senate): Bill to Repeal Act of 1803.~ + +Senate Bill No. 251, to repeal an act entitled "An act to prevent the +importation of certain persons into certain States where by the laws +thereof their admission is prohibited." Mr. Sumner said that the bill +had passed the Senate once, and that he hoped it would now pass. Passed; +title amended by adding "approved February 28, 1803;" June 29, bill +passed over in House; July 14, consideration again postponed on Mr. +Woodward's objection. _Congressional Globe_, 41 Cong. 2 sess. pp. 2894, +2932, 4953, 5594. + + +~1870, Sept. 16. Great Britain: Additional Treaty.~ + +"Additional convention to the treaty of April 7, 1862, respecting the +African slave trade." Concluded June 3, 1870; ratifications exchanged at +London August 10, 1870; proclaimed September 16, 1870. _U.S. Treaties +and Conventions_ (1889), pp. 472-6. + + +~1871, Dec. 11. Congress (House): Bill on Slave-Trade.~ + +On the call of States, Mr. Banks introduced "a bill (House, No. 490) to +carry into effect article thirteen of the Constitution of the United +States, and to prohibit the owning or dealing in slaves by American +citizens in foreign countries." _House Journal_, 42 Cong. 2 sess. p. +48. + + * * * * * + + + + +APPENDIX C. + +TYPICAL CASES OF VESSELS ENGAGED IN THE AMERICAN SLAVE-TRADE. 1619-1864. + + This chronological list of certain typical American slavers is + not intended to catalogue all known cases, but is designed + merely to illustrate, by a few selected examples, the character + of the licit and the illicit traffic to the United States. + + +~1619.~ ----. Dutch man-of-war, imports twenty Negroes into Virginia, +the first slaves brought to the continent. Smith, _Generall Historie of +Virginia_ (1626 and 1632), p. 126. + + +~1645.~ ~Rainbowe,~ under Captain Smith, captures and imports African +slaves into Massachusetts. The slaves were forfeited and returned. +_Massachusetts Colonial Records_, II. 115, 129, 136, 168, 176; III. 13, +46, 49, 58, 84. + + +~1655.~ ~Witte paert,~ first vessel to import slaves into New York. +O'Callaghan, _Laws of New Netherland_ (ed. 1868), p. 191, note. + + +~1736, Oct.~ ----. Rhode Island slaver, under Capt. John Griffen. +_American Historical Record_, I. 312. + + +~1746.~ ----. Spanish vessel, with certain free Negroes, captured by +Captains John Dennis and Robert Morris, and Negroes sold by them in +Rhode Island, Massachusetts, and New York; these Negroes afterward +returned to Spanish colonies by the authorities of Rhode Island. _Rhode +Island Colonial Records_, V. 170, 176-7; Dawson's _Historical Magazine_, +XVIII. 98. + + +~1752.~ ~Sanderson,~ of Newport, trading to Africa and West Indies. +_American Historical Record_, I. 315-9, 338-42. Cf. above, p. 35, note 4. + + +~1788~ (_circa_). ----. "One or two" vessels fitted out in Connecticut. +W.C. Fowler, _Historical Status of the Negro in Connecticut_, in _Local +Law_, etc., p. 125. + + +~1801.~ ~Sally,~ of Norfolk, Virginia, equipped slaver; libelled and +acquitted; owners claimed damages. _American State Papers, Commerce and +Navigation_, I. No. 128. + + +~1803~ (?). ----. Two slavers seized with slaves, and brought to +Philadelphia; both condemned, and slaves apprenticed. Robert Sutcliff, +_Travels in North America_, p. 219. + + +~1804.~ ----. Slaver, allowed by Governor Claiborne to land fifty +Negroes in Louisiana. _American State Papers, Miscellaneous_, I. No. +177. + + +~1814.~ ~Saucy Jack~ carries off slaves from Africa and attacks British +cruiser. _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 46; 21 Cong. 1 +sess. III. No. 348, p. 147. + + +~1816~ (_circa_). ~Paz,~ ~Rosa,~ ~Dolores,~ ~Nueva Paz,~ and ~Dorset,~ +American slavers in Spanish-African trade. Many of these were formerly +privateers. _Ibid._, 17 Cong. 1 sess. II. No. 92, pp. 45-6; 21 Cong. 1 +sess. III. No. 348, pp. 144-7. + + +~1817, Jan. 17.~ ~Eugene,~ armed Mexican schooner, captured while +attempting to smuggle slaves into the United States. _House Doc._, 15 +Cong. 1 sess. II. No. 12, p. 22. + + +~1817, Nov. 19.~ ~Tentativa,~ captured with 128 slaves and brought into +Savannah. _Ibid._, p. 38; _House Reports_, 21 Cong. 1 sess. III. No. +348, p. 81. See _Friends' View of the African Slave Trade_ (1824), pp. +44-7. + + +~1818.~ ----. Three schooners unload slaves in Louisiana. Collector Chew +to the Secretary of the Treasury, _House Reports_, 21 Cong. 1 sess. III. +No. 348, p. 70. + + +~1818, Jan. 23.~ English brig ~Neptune,~ detained by U.S.S. John Adams, +for smuggling slaves into the United States. _House Doc._, 16 Cong. 1 +sess. III. No. 36 (3). + + +~1818, June.~ ~Constitution,~ captured with 84 slaves on the Florida +coast, by a United States army officer. See references under 1818, June, +below. + + +~1818, June.~ ~Louisa~ and ~Merino,~ captured slavers, smuggling from +Cuba to the United States; condemned after five years' litigation. +_House Doc._, 15 Cong. 2 sess. VI. No. 107; 19 Cong. 1 sess. VI.-IX. +Nos. 121, 126, 152, 163; _House Reports_, 19 Cong. 1 sess. II. No. 231; +_American State Papers, Naval Affairs_, II. No. 308; Decisions of the +United States Supreme Court in _9 Wheaton_, 391. + + +~1819.~ ~Antelope,~ or ~General Ramirez.~ The Colombia (or Arraganta), a +Venezuelan privateer, fitted in the United States and manned by +Americans, captures slaves from a Spanish slaver, the Antelope, and from +other slavers; is wrecked, and transfers crew and slaves to Antelope; +the latter, under the name of the General Ramirez, is captured with 280 +slaves by a United States ship. The slaves were distributed, some to +Spanish claimants, some sent to Africa, and some allowed to remain; many +died. _House Reports_, 17 Cong. 1 sess. II. No. 92, pp. 5, 15; 21 Cong. +1 sess. III. No. 348, p. 186; _House Journal_, 20 Cong. 1 sess. pp. 59, +76, 123 to 692, _passim_. Gales and Seaton, _Register of Debates_, IV. +pt. 1, pp. 915-6, 955-68, 998, 1005; _Ibid._, pt. 2, pp. 2501-3; +_American State Papers, Naval Affairs_, II. No. 319, pp. 750-60; +Decisions of the United States Supreme Court in _10 Wheaton_, 66, and +_12 Ibid._, 546. + + +~1820.~ ~Endymion,~ ~Plattsburg,~ ~Science,~ ~Esperanza,~ and +~Alexander,~ captured on the African coast by United States ships, and +sent to New York and Boston. _House Reports_, 17 Cong. 1 sess. II. No. +92, pp. 6, 15; 21 Cong. 1 sess. III. No. 348, pp. 122, 144, 187. + + +~1820.~ ~General Artigas~ imports twelve slaves into the United States. +_Friends' View of the African Slave Trade_ (1824), p. 42. + +~1821~ (?). ~Dolphin,~ captured by United States officers and sent to +Charleston, South Carolina. _Ibid._, pp. 31-2. + + +~1821.~ ~La Jeune Eugene,~ ~La Daphnee,~ ~La Mathilde,~ and ~L'Elize,~ +captured by U.S.S. Alligator; ~La Jeune Eugene~ sent to Boston; the rest +escape, and are recaptured under the French flag; the French protest. +_House Reports_, 21 Cong. 1 sess. III. No. 348, p. 187; _Friends' View +of the African Slave Trade_ (1824), pp. 35-41. + + +~1821.~ ~La Pensee,~ captured with 220 slaves by the U.S.S. Hornet; +taken to Louisiana. _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 5; +21 Cong. 1 sess. III. No. 348, p. 186. + + +~1821.~ ~Esencia~ lands 113 Negroes at Matanzas. _Parliamentary Papers_, +1822, Vol. XXII., _Slave Trade, Further Papers_, III. p. 78. + + +~1826.~ ~Fell's Point~ attempts to land Negroes in the United States. +The Negroes were seized. _American State Papers, Naval Affairs_, II. No. +319, p. 751. + + +~1827, Dec. 20.~ ~Guerrero,~ Spanish slaver, chased by British, cruiser +and grounded on Key West, with 561 slaves; a part (121) were landed at +Key West, where they were seized by the collector; 250 were seized by +the Spanish and taken to Cuba, etc. _House Journal_, 20 Cong. 1 sess. p. +650; _House_ _Reports_, 24 Cong. 1 sess. I. No. 268; 25 Cong. 2 sess. +I. No. 4; _American State Papers, Naval Affairs_, III. No. 370, p. 210; +_Niles's Register_, XXXIII. 373. + + +~1828, March 11.~ ~General Geddes~ brought into St. Augustine for safe +keeping 117 slaves, said to have been those taken from the wrecked +~Guerrero~ and landed at Key West (see above, 1827). _House Doc._, 20 +Cong. 1 sess. VI. No. 262. + + +~1828.~ ~Blue-eyed Mary,~ of Baltimore, sold to Spaniards and captured +with 405 slaves by a British cruiser. _Niles's Register_, XXXIV. 346. + + +~1830, June 4.~ ~Fenix,~ with 82 Africans, captured by U.S.S. Grampus, +and brought to Pensacola; American built, with Spanish colors. _House +Doc._, 21 Cong. 2 sess. III. No. 54; _House Reports_, 24 Cong. 1 sess. +I. No. 223; _Niles's Register_, XXXVIII. 357. + + +~1831, Jan. 3.~ ~Comet,~ carrying slaves from the District of Columbia +to New Orleans, was wrecked on Bahama banks and 164 slaves taken to +Nassau, in New Providence, where they were freed. Great Britain finally +paid indemnity for these slaves. _Senate Doc._, 24 Cong. 2 sess. II. No. +174; 25 Cong. 3 sess. III. No. 216. + + +~1834, Feb. 4.~ ~Encomium,~ bound from Charleston, South Carolina, to +New Orleans, with 45 slaves, was wrecked near Fish Key, Abaco, and +slaves were carried to Nassau and freed. Great Britain eventually paid +indemnity for these slaves. _Ibid._ + + +~1835, March.~ ~Enterprise,~ carrying 78 slaves from the District of +Columbia to Charleston, was compelled by rough weather to put into the +port of Hamilton, West Indies, where the slaves were freed. Great +Britain refused to pay for these, because, before they landed, slavery +in the West Indies had been abolished. _Ibid._ + + +~1836, Aug.-Sept.~ ~Emanuel,~ ~Dolores,~ ~Anaconda,~ and ~Viper,~ built +in the United States, clear from Havana for Africa. _House Doc._, 26 +Cong. 2 sess. V. No. 115, pp. 4-6, 221. + + +~1837.~ ----. Eleven American slavers clear from Havana for Africa. +_Ibid._, p. 221. + + +~1837.~ ~Washington,~ allowed to proceed to Africa by the American +consul at Havana. _Ibid._, pp. 488-90, 715 ff; 27 Cong, 1 sess. No. 34, +pp. 18-21. + + +~1838.~ ~Prova~ spends three months refitting in the harbor of +Charleston, South Carolina; afterwards captured by the British, with 225 +slaves. _Ibid._, pp. 121, 163-6. + + +~1838.~ ----. Nineteen American slavers clear from Havana for Africa. +_House Doc._, 26 Cong. 2 sess. V. No. 115, p. 221. + + +~1838-9.~ ~Venus,~ American built, manned partly by Americans, owned by +Spaniards. _Ibid._, pp. 20-2, 106, 124-5, 132, 144-5, 330-2, 475-9. + + +~1839.~ ~Morris Cooper,~ of Philadelphia, lands 485 Negroes in Cuba. +_Niles's Register_, LVII. 192. + + +~1839.~ ~Edwin~ and ~George Crooks,~ slavers, boarded by British +cruisers. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 12-4, 61-4. + + +~1839.~ ~Eagle,~ ~Clara,~ and ~Wyoming,~ with American and Spanish flags +and papers and an American crew, captured by British cruisers, and +brought to New York. The United States government declined to interfere +in case of the ~Eagle~ and the ~Clara,~ and they were taken to Jamaica. +The ~Wyoming~ was forfeited to the United States. _Ibid._, pp. 92-104, +109, 112, 118-9, 180-4; _Niles's Register_, LVI. 256; LVII. 128, 208. + + +~1839.~ ~Florida,~ protected from British cruisers by American papers. +_House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 113-5. + + +~1839.~ ----. Five American slavers arrive at Havana from Africa, under +American flags. _Ibid._, p. 192. + + +~1839.~ ----. Twenty-three American slavers clear from Havana. _Ibid._, +pp. 190-1, 221. + + +~1839.~ ~Rebecca,~ part Spanish, condemned at Sierra Leone. _House +Reports_, 27 Cong. 3 sess. III. No. 283, pp. 649-54, 675-84. + + +~1839.~ ~Douglas~ and ~Iago,~ American slavers, visited by British +cruisers, for which the United States demanded indemnity. _Ibid._, pp. +542-65, 731-55; _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, pp. +39-45, 107-12, 116-24, 160-1, 181-2. + + +~1839, April 9.~ ~Susan,~ suspected slaver, boarded by the British. +_House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 34-41. + + +~1839, July-Sept.~ ~Dolphin~ (or ~Constitucao),~ ~Hound,~ ~Mary Cushing~ +(or ~Sete de Avril~), with American and Spanish flags and papers. +_Ibid._, pp. 28, 51-5, 109-10, 136, 234-8; _House Reports_, 27 Cong. 3 +sess. III. No. 283, pp. 709-15. + + +~1839, Aug.~ ~L'Amistad,~ slaver, with fifty-three Negroes on board, who +mutinied; the vessel was then captured by a United States vessel and +brought into Connecticut; the Negroes were declared free. _House Doc._, +26 Cong. 1 sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 Cong. 1 +sess. IV. No. 83; _House Exec. Doc._, 32 Cong. 2 sess. III. No. 20; +_House Reports_, 26 Cong. 2 sess. No. 51; 28 Cong. 1 sess. II. No. 426; +29 Cong. 1 sess. IV. No. 753; _Senate Doc._, 26 Cong. 2 sess. IV. No. +179; _Senate Exec. Doc._, 31 Cong. 2 sess. III. No. 29; 32 Cong. 2 sess. +III. No. 19; _Senate Reports_, 31 Cong. 2 sess. No. 301; 32 Cong. 1 +sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; Decisions of the United +States Supreme Court in _15 Peters_, 518; _Opinions of the +Attorneys-General_, III. 484-92. + + +~1839, Sept.~ ~My Boy,~ of New Orleans, seized by a British cruiser, and +condemned at Sierra Leone. _Niles's Register_, LVII. 353. + + +~1839, Sept. 23.~ ~Butterfly,~ of New Orleans, fitted as a slaver, and +captured by a British cruiser on the coast of Africa. _House Doc._, 26 +Cong. 2 sess. No. 115, pp. 191, 244-7; _Niles's Register_, LVII. 223. + + +~1839, Oct.~ ~Catharine,~ of Baltimore, captured on the African coast by +a British cruiser, and brought by her to New York. _House Doc._, 26 +Cong. 2 sess. V No. 115, pp. 191, 215, 239-44; _Niles's Register_, LVII. +119, 159. + + +~1839.~ ~Asp,~ ~Laura,~ and ~Mary Ann Cassard,~ foreign slavers sailing +under the American flag. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. +126-7, 209-18; _House Reports_, 27 Cong. 3 sess. III. No. 283, p. 688 +ff. + + +~1839.~ ~Two Friends,~ of New Orleans, equipped slaver, with Spanish, +Portuguese, and American flags. _House Doc._, 26 Cong. 2 sess. V. No. +115, pp. 120, 160-2, 305. + + +~1839.~ ~Euphrates,~ of Baltimore, with American papers, seized by +British cruisers as Spanish property. Before this she had been boarded +fifteen times. _Ibid._, pp. 41-4; A.H. Foote, _Africa and the American +Flag_, pp. 152-6. + + +~1839.~ ~Ontario,~ American slaver, "sold" to the Spanish on shipping a +cargo of slaves. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 45-50. + + +~1839.~ ~Mary,~ of Philadelphia; case of a slaver whose nationality was +disputed. _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 736-8; +_Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, pp. 19, 24-5. + + +~1840, March.~ ~Sarah Ann,~ of New Orleans, captured with fraudulent +papers. _House Doc._, 26 Cong. 2 sess. V. No. 115, pp. 184-7. + + +~1840, June.~ ~Caballero,~ ~Hudson,~ and ~Crawford;~ the arrival of +these American slavers was publicly billed in Cuba. _Ibid._, pp. 65-6. + + +~1840.~ ~Tigris,~ captured by British cruisers and sent to Boston for +kidnapping. _House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 724-9; +_Senate Doc._, 29 Cong. 1 sess. VIII. No. 377, P. 94. + + +~1840.~ ~Jones,~ seized by the British. _Senate Doc._, 29 Cong. 1 sess. +VIII. No. 377, pp. 131-2, 143-7, 148-60. + + +~1841, Nov. 7.~ ~Creole,~ of Richmond, Virginia, transporting slaves to +New Orleans; the crew mutiny and take her to Nassau, British West +Indies. The slaves were freed and Great Britain refused indemnity. +_Senate Doc._, 27 Cong. 2 sess. II. No. 51 and III. No. 137. + + +~1841.~ ~Sophia,~ of New York, ships 750 slaves for Brazil. _House +Doc._, 29 Cong. 1 sess. III. No. 43, pp. 3-8. + + +~1841.~ ~Pilgrim,~ of Portsmouth, N.H., ~Solon,~ of Baltimore, ~William +Jones~ and ~Himmaleh,~ of New York, clear from Rio Janeiro for Africa. +_Ibid._, pp. 8-12. + + +~1842, May.~ ~Illinois,~ of Gloucester, saved from search by the +American flag; escaped under the Spanish flag, loaded with slaves. +_Senate Doc._, 28 Cong. 2 sess. IX. No. 150, p. 72 ff. + + +~1842, June.~ ~Shakespeare,~ of Baltimore, with 430 slaves, captured by +British cruisers. _Ibid._ + + +~1843.~ ~Kentucky,~ of New York, trading to Brazil. _Ibid._, 30 Cong. 1 +sess. IV. No. 28, pp. 71-8; _House Exec. Doc._, 30 Cong. 2 sess. VII. +No. 61, p. 72 ff. + + +~1844.~ ~Enterprise,~ of Boston, transferred in Brazil for slave-trade. +_Senate Exec. Doc._, 30 Cong. 1 sess. IV. No. 28, pp. 79-90. + + +~1844.~ ~Uncas,~ of New Orleans, protected by United States papers; +allowed to clear, in spite of her evident character. _Ibid._, 28 Cong. 2 +sess. IX. No. 150, pp. 106-14. + + +~1844.~ ~Sooy,~ of Newport, without papers, captured by the British +sloop Racer, after landing 600 slaves on the coast of Brazil. _House +Doc._, 28 Cong. 2 sess. IV. No. 148, pp. 4, 36-62. + + +~1844.~ ~Cyrus,~ of New Orleans, suspected slaver, captured by the +British cruiser Alert. _Ibid._, pp. 3-41. + + +~1844-5.~ ----. Nineteen slavers from Beverly, Boston, Baltimore, +Philadelphia, New York, Providence, and Portland, make twenty-two trips. +_Ibid._, 30 Cong. 2 sess. VII. No. 61, pp. 219-20. + + +~1844-9.~ ----. Ninety-three slavers in Brazilian trade. _Senate Exec. +Doc._, 31 Cong. 2 sess. II. No. 6, pp. 37-8. + + +~1845.~ ~Porpoise,~ trading to Brazil. _House Exec. Doc._, 30 Cong. 2 +sess. VII. No. 61, pp. 111-56, 212-4. + + +~1845, May 14.~ ~Spitfire,~ of New Orleans, captured on the coast of +Africa, and the captain indicted in Boston. A.H. Foote, _Africa and the +American Flag_, pp. 240-1; _Niles's Register_, LXVIII. 192, 224, 248-9. + + +~1845-6.~ ~Patuxent,~ ~Pons,~ ~Robert Wilson,~ ~Merchant,~ and +~Panther,~ captured by Commodore Skinner. _House Exec. Doc._, 31 Cong. 1 +sess. IX. No. 73. + + +~1847.~ ~Fame,~ of New London, Connecticut, lands 700 slaves in Brazil. +_House Exec. Doc._, 30 Cong. 2 sess. VII. No. 61, pp. 5-6, 15-21. + + +~1847.~ ~Senator,~ of Boston, brings 944 slaves to Brazil. _Ibid._, pp. +5-14. + + +~1849.~ ~Casco,~ slaver, with no papers; searched, and captured with 420 +slaves, by a British cruiser. _Senate Exec. Doc._, 31 Cong. 1 sess. XIV +No. 66, p. 13. + + +~1850.~ ~Martha,~ of New York, captured when about to embark 1800 +slaves. The captain was admitted to bail, and escaped. A.H. Foote, +_Africa and the American Flag_, pp. 285-92. + + +~1850.~ ~Lucy Ann,~ of Boston, captured with 547 slaves by the British. +_Senate Exec. Doc._, 31 Cong. 1 sess. XIV No. 66, pp. 1-10 ff. + + +~1850.~ ~Navarre,~ American slaver, trading to Brazil, searched and +finally seized by a British cruiser. _Ibid._ + + +~1850~ (_circa_). ~Louisa Beaton,~ ~Pilot,~ ~Chatsworth,~ ~Meteor,~ ~R. +de Zaldo,~ ~Chester,~ etc., American slavers, searched by British +vessels. _Ibid., passim._ + + +~1851, Sept. 18.~ ~Illinois~ brings seven kidnapped West India Negro +boys into Norfolk, Virginia. _House Exec. Doc._, 34 Cong. 1 sess. XII. +No. 105, pp. 12-14. + + +~1852-62.~ ----. Twenty-six ships arrested and bonded for slave-trading +in the Southern District of New York. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 53. + + +~1852.~ ~Advance~ and ~Rachel P. Brown,~ of New York; the capture of +these was hindered by the United States consul in the Cape Verd Islands. +_Ibid._, 34 Cong. 1 sess. XV. No. 99, pp. 41-5; _House Exec. Doc._, 34 +Cong. 1 sess. XII. No. 105, pp. 15-19. + + +~1853.~ ~Silenus,~ of New York, and ~General de Kalb,~ of Baltimore, +carry 900 slaves from Africa. _Senate Exec. Doc._, 34 Cong. 1 sess. XV. +No. 99, pp. 46-52; _House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105, +pp. 20-26. + + +~1853.~ ~Jasper~ carries slaves to Cuba. _Senate Exec. Doc._, 34 Cong. 1 +sess. XV. No. 99, pp. 52-7. + + +~1853.~ ~Camargo,~ of Portland, Maine, lands 500 slaves in Brazil. +_Ibid._, 33 Cong. 1 sess. VIII. No. 47. + + +~1854.~ ~Glamorgan,~ of New York, captured when about to embark nearly +700 slaves. _Ibid._, 34 Cong. 1 sess. XV. No. 99, pp. 59-60. + + +~1854.~ ~Grey Eagle,~ of Philadelphia, captured off Cuba by British +cruiser. _Ibid._, pp. 61-3. + + +~1854.~ ~Peerless,~ of New York, lands 350 Negroes in Cuba. _Ibid._, +p. 66. + + +~1854.~ ~Oregon,~ of New Orleans, trading to Cuba. _Senate Exec. Doc._, +34 Cong. 1 sess. XV. No. 99, pp. 69-70. + + +~1856.~ ~Mary E. Smith,~ sailed from Boston in spite of efforts to +detain her, and was captured with 387 slaves, by the Brazilian brig +Olinda, at port of St. Matthews. _Ibid._, pp. 71-3. + + +~1857.~ ----. Twenty or more slavers from New York, New Orleans, etc. +_Ibid._, 35 Cong. 1 sess. XII. No. 49, pp. 14-21, 70-1, etc. + + +~1857.~ ~William Clark~ and ~Jupiter,~ of New Orleans, ~Eliza Jane,~ of +New York, ~Jos. H. Record,~ of Newport, and ~Onward,~ of Boston, +captured by British cruisers. _Ibid._, pp. 13, 25-6, 69, etc. + + +~1857.~ ~James Buchanan,~ slaver, escapes under American colors, with +300 slaves. _Ibid._, p. 38. + + +~1857.~ ~James Titers,~ of New Orleans, with 1200 slaves, captured by +British cruiser. _Ibid._, pp. 31-4, 40-1. + + +~1857.~ ----. Four New Orleans slavers on the African coast. _Senate +Exec. Doc._, 35 Cong. 1 sess., XII. No. 49, p. 30. + + +~1857.~ ~Cortes,~ of New York, captured. _Ibid._, pp. 27-8. + + +~1857.~ ~Charles,~ of Boston, captured by British cruisers, with about +400 slaves. _Ibid._, pp. 9, 13, 36, 69, etc. + + +~1857.~ ~Adams Gray~ and ~W.D. Miller,~ of New Orleans, fully equipped +slavers. _Ibid._, pp. 3-5, 13. + + +~1857-8.~ ~Charlotte,~ of New York, ~Charles,~ of Maryland, etc., +reported American slavers. _Ibid., passim_. + + +~1858, Aug. 21.~ ~Echo,~ captured with 306 slaves, and brought to +Charleston, South Carolina. _House Exec. Doc._, 35 Cong. 2 sess. II. pt. +4, No. 2. pt. 4, pp. 5, 14. + + +~1858, Sept. 8.~ ~Brothers,~ captured and sent to Charleston, South +Carolina. _Ibid._, p. 14. + + +~1858.~ ~Mobile,~ ~Cortez,~ ~Tropic Bird;~ cases of American slavers +searched by British vessels. _Ibid._, 36 Cong. 2 sess. IV. No. 7, p. 97 +ff. + + +~1858.~ ~Wanderer,~ lands 500 slaves in Georgia. _Senate Exec. Doc._, 35 +Cong. 2 sess. VII. No. 8; _House Exec. Doc._, 35 Cong. 2 sess. IX. No. +89. + + +~1859, Dec. 20.~ ~Delicia,~ supposed to be Spanish, but without papers; +captured by a United States ship. The United States courts declared her +beyond their jurisdiction. _House Exec. Doc._, 36 Cong. 2 sess. IV. No. +7, p. 434. + + +~1860.~ ~Erie,~ with 897 Africans, captured by a United States ship. +_Senate Exec. Doc._, 36 Cong. 2 sess. I. No. 1, pp. 41-4. + + +~1860.~ ~William,~ with 550 slaves, ~Wildfire,~ with 507, captured on +the coast of Cuba. _Senate Journal_, 36 Cong. 1 sess. pp. 478-80, 492, +543, etc.; _Senate Exec. Doc._, 36 Cong. 1 sess. XI. No. 44; _House +Exec. Doc._, 36 Cong. 1 sess. XII. No. 83; 36 Cong. 2 sess. V. No. 11; +_House Reports_, 36 Cong. 1 sess. IV. No. 602. + + +~1861.~ ~Augusta,~ slaver, which, in spite of the efforts of the +officials, started on her voyage. _Senate Exec Doc._, 37 Cong. 2 sess. +V. No. 40; _New York Tribune_, Nov. 26, 1861. + + +~1861.~ ~Storm King,~ of Baltimore, lands 650 slaves in Cuba. _Senate +Exec. Doc._, 38 Cong. 1 sess. No. 56, p. 3. + + +~1862.~ ~Ocilla,~ of Mystic, Connecticut, lands slaves in Cuba. _Ibid._, +pp. 8-13. + + +~1864.~ ~Huntress,~ of New York, under the American flag, lands slaves +in Cuba. _Ibid._, pp. 19-21. + + * * * * * + + + + +APPENDIX D. + +BIBLIOGRAPHY. + +~COLONIAL LAWS.~ + +[The Library of Harvard College, the Boston Public Library, and the +Charlemagne Tower Collection at Philadelphia are especially rich in +Colonial Laws.] + + +~Alabama and Mississippi Territory.~ Acts of the Assembly of Alabama, +1822, etc.; J.J. Ormond, Code of Alabama, Montgomery, 1852; H. Toulmin, +Digest of the Laws of Alabama, Cahawba, 1823; A. Hutchinson, Code of +Mississippi, Jackson, 1848; Statutes of Mississippi etc., digested, +Natchez, 1816 and 1823. + +~Connecticut.~ Acts and Laws of Connecticut, New London, 1784 [-1794], +and Hartford, 1796; Connecticut Colonial Records; The General Laws and +Liberties of Connecticut Colonie, Cambridge, 1673, reprinted at Hartford +in 1865; Statute Laws of Connecticut, Hartford, 1821. + +~Delaware.~ Laws of Delaware, 1700-1797, 2 vols., New Castle, 1797. + +~Georgia.~ George W.J. De Renne, editor, Colonial Acts of Georgia, +Wormsloe, 1881; Constitution of Georgia; T.R.R. Cobb, Digest of the +Laws, Athens, Ga., 1851; Horatio Marbury and W.H. Crawford, Digest of +the Laws, Savannah, 1802; Oliver H. Prince, Digest of the Laws, 2d +edition, Athens, Ga., 1837. + +~Maryland.~ James Bisset, Abridgment of the Acts of Assembly, +Philadelphia, 1759; Acts of Maryland, 1753-1768, Annapolis, 1754 +[-1768]; Compleat Collection of the Laws of Maryland, Annapolis, 1727; +Thomas Bacon, Laws of Maryland at Large, Annapolis, 1765; Laws of +Maryland since 1763, Annapolis, 1787, year 1771; Clement Dorsey, General +Public Statutory Law, etc., 1692-1837, 3 vols., Baltimore, 1840. + +~Massachusetts.~ Acts and Laws of His Majesty's Province of the +Massachusetts-Bay in New-England, Boston, 1726; Acts and Resolves ... of +the Province of the Massachusetts Bay, 1692-1780 [Massachusetts +Province Laws]; Colonial Laws of Massachusetts, reprinted from the +editions of 1660 and 1672, Boston, 1887, 1890; General Court Records; +Massachusetts Archives; Massachusetts Historical Society Collections; +Perpetual Laws of Massachusetts, 1780-1789, Boston, 1789; Plymouth +Colony Records; Records of the Governor and Company of the Massachusetts +Bay. + +~New Jersey.~ Samuel Allinson, Acts of Assembly, Burlington, 1776; +William Paterson, Digest of the Laws, Newark, 1800; William A. +Whitehead, editor, Documents relating to the Colonial History of New +Jersey, Newark, 1880-93; Joseph Bloomfield, Laws of New Jersey, Trenton, +1811; New Jersey Archives. + +~New York.~ Acts of Assembly, 1691-1718, London, 1719; E.B. O'Callaghan, +Documentary History of New York, 4 vols., Albany, 1849-51; E.B. +O'Callaghan, editor, Documents relating to the Colonial History of New +York, 12 vols., Albany, 1856-77; Laws of New York, 1752-1762, New York, +1762; Laws of New York, 1777-1801, 5 vols., republished at Albany, +1886-7. + +~North Carolina.~ F.X. Martin, Iredell's Public Acts of Assembly, +Newbern, 1804; Laws, revision of 1819, 2 vols., Raleigh, 1821; North +Carolina Colonial Records, edited by William L. Saunders, Raleigh, +1886-90. + +~Pennsylvania.~ Acts of Assembly, Philadelphia, 1782; Charter and Laws +of the Province of Pennsylvania, Harrisburg, 1879; M. Carey and J. +Bioren, Laws of Pennsylvania, 1700-1802, 6 vols., Philadelphia, 1803; +A.J. Dallas, Laws of Pennsylvania, 1700-1781, Philadelphia, 1797; +_Ibid._, 1781-1790, Philadelphia, 1793; Collection of all the Laws now +in force, 1742; Pennsylvania Archives; Pennsylvania Colonial Records. + +~Rhode Island.~ John Russell Bartlett, Index to the Printed Acts and +Resolves, of ... the General Assembly, 1756-1850, Providence, 1856; +Elisha R. Potter, Reports and Documents upon Public Schools, etc., +Providence, 1855; Rhode Island Colonial Records. + +~South Carolina.~ J.F. Grimke, Public Laws, Philadelphia, 1790; Thomas +Cooper and D.J. McCord, Statutes at Large, 10 vols., Columbia, 1836-41. + +~Vermont.~ Statutes of Vermont, Windsor, 1787; Vermont State Papers, +Middlebury, 1823. + +~Virginia.~ John Mercer, Abridgement of the Acts of Assembly, Glasgow, +1759; Acts of Assembly, Williamsburg, 1769: Collection of Public Acts +... passed since 1768, Richmond, 1785; Collections of the Virginia +Historical Society; W.W. Hening, Statutes at Large, 13 vols., Richmond, +etc., 1819-23; Samuel Shepherd, Statutes at Large, New Series +(continuation of Hening), 3 vols, Richmond, 1835-6. + + +~UNITED STATES DOCUMENTS.~ + +~1789-1836.~ American State Papers--Class I., _Foreign Relations_, Vols. +III. and IV. (Reprint of Foreign Relations, 1789-1828.) Class VI., +_Naval Affairs_. (Well indexed.) + +~1794, Feb. 11.~ Report of Committee on the Slave Trade. _Amer. State +Papers, Miscellaneous_, I. No. 44. + +~1806, Feb. 17.~ Report of the Committee appointed on the seventh +instant, to inquire whether any, and if any, what Additional Provisions +are necessary to Prevent the Importation of Slaves into the Territories +of the United States. _House Reports_, 9 Cong. 1 sess. II. + +~1817, Feb. 11.~ Joint Resolution for abolishing the traffick in Slaves, +and the Colinization [_sic_] of the Free People Of Colour of the United +States. _House Doc._, 14 Cong. 2 sess. II. No. 77. + +~1817, Dec. 15.~ Message from the President ... communicating +Information of the Proceeding of certain Persons who took Possession of +Amelia Island and of Galvezton, [_sic_] during the Summer of the Present +Year, and made Establishments there. _House Doc._, 15 Cong. 1 sess. II. +No. 12. (Contains much evidence of illicit traffic.) + +~1818, Jan. 10.~ Report of the Committee to whom was referred so much of +the President's Message as relates to the introduction of Slaves from +Amelia Island. _House Doc._, 15 Cong. 1 sess. III. No. 46 (cf. _House +Reports_, 21 Cong. 1 sess. III. No. 348). + +~1818, Jan. 13.~ Message from the President ... communicating +information of the Troops of the United States having taken possession +of Amelia Island, in East Florida. _House Doc._, 15 Cong. 1 sess. III. +No. 47. (Contains correspondence.) + +~1819, Jan. 12.~ Letter from the Secretary of the Navy, transmitting +copies of the instructions which have been issued to Naval Commanders, +upon the subject of the Importation of Slaves, etc. _House Doc._, 15 +Cong. 2 sess. IV. No. 84. + +~1819, Jan. 19.~ Extracts from Documents in the Departments of State, of +the Treasury, and of the Navy, in relation to the Illicit Introduction +of Slaves into the United States. _House Doc._, 15 Cong. 2 sess. VI. No. +100. + +~1819, Jan. 21.~ Letter from the Secretary of the Treasury ... in +relation to Ships engaged in the Slave Trade, which have been Seized and +Condemned, and the Disposition which has been made of the Negroes, by +the several State Governments, under whose Jurisdiction they have +fallen. _House Doc._, 15 Cong. 2 sess. VI. No. 107. + +~1820, Jan. 7.~ Letter from the Secretary of the Navy, transmitting +information in relation to the Introduction of Slaves into the United +States. _House Doc._, 16 Cong. 1 sess. III. No. 36. + +~1820, Jan. 13.~ Letter from the Secretary of the Treasury, transmitting +... Information in relation to the Illicit Introduction of Slaves into +the United States, etc., _Ibid._, No. 42. + +~1820, May 8.~ Report of the Committee to whom was referred ... so much +of the President's Message as relates to the Slave Trade, etc. _House +Reports_, 16 Cong. 1 sess. No. 97. + +~1821, Jan. 5.~ Message from the President ... transmitting ... +Information on the Subject of the African Slave Trade. _House Doc._, 16 +Cong. 2 sess. IV. No. 48. + +~1821, Feb. 7.~ Report of the Secretary of the Navy. _House Reports_, 17 +Cong. 1 sess. No. 92, pp. 15-21. + +~1821, Feb. 9.~ Report of the Committee to which was referred so much of +the President's message as relates to the Slave Trade. _House Reports_, +16 Cong. 2 sess. No. 59. + +~1822, April 12.~ Report of the Committee on the Suppression of the +Slave Trade. Also Report of 1821, Feb. 9, reprinted. (Contains +discussion of the Right of Search, and papers on European Conference for +the Suppression of the Slave Trade.) _House Reports_, 17 Cong. 1 sess. +II. No. 92. + +~1823, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 18 +Cong. 1 sess. I. No. 2, p. 111, ff.; _Amer. State Papers, Naval +Affairs_, I. No. 258. (Contains reports on the establishment at Cape +Mesurado.)[1] + +~1824, March 20.~ Message from the President ... in relation to the +Suppression of the African Slave Trade. _House Doc._, 18 Cong. 1 sess. +VI. No. 119. (Contains correspondence on the proposed treaty of 1824.) + +~1824, Dec. 1.~ Report of the Secretary of the Navy. _Amer. State +Papers, Naval Affairs_, I. No. 249. + +~1824, Dec. 7.~ Documents accompanying the Message of the President ... +to both Houses of Congress, at the commencement of the Second Session of +the Eighteenth Congress: Documents from the Department of State. _House +Doc._, 18 Cong. 2 sess. I. No. 1. pp. 1-56. Reprinted in _Senate Doc._, +18 Cong. 2 sess. I. No. 1. (Matter on the treaty of 1824.) + +~1825, Feb. 16.~ Report of the Committee to whom was referred so much of +the President's Message, of the 7th of December last, as relates to the +Suppression of the Slave Trade. _House Reports_, 18 Cong. 2 sess. I. No. +70 (Report favoring the treaty of 1824.) + +~1825, Dec. 2.~ Report of the Secretary of the Navy. _House Doc._, 19 +Cong. 1 sess. I. No. 1. p. 98. + +~1825, Dec. 27.~ Slave Trade: Message from the President ... +communicating Correspondence with Great Britain in relation to the +Convention for Suppressing the Slave Trade. _House Doc._, 19 Cong. 1 +sess. I. No. 16. + +~1826, Feb. 6.~ Appropriation--Slave Trade: Report of the Committee of +Ways and Means on the subject of the estimate of appropriations for the +service of the year 1826. _House Reports_, 19 Cong. 1 sess. I. No. 65. +(Contains report of the Secretary of the Navy and account of +expenditures for the African station.) + +~1826, March 8.~ Slave Ships in Alabama: Message from the President ... +in relation to the Cargoes of certain Slave Ships, etc. _House Doc._, 19 +Cong. 1 sess. VI. No. 121; cf. _Ibid._, VIII. No. 126, and IX. Nos. 152, +163; also _House Reports_, 19 Cong. 1 sess. II. No. 231. (Cases of the +Constitution, Louisa, and Merino.) + +~1826, Dec. 2.~ Report of the Secretary of the Navy. (Part IV. of +Documents accompanying the President's Message.) _House Doc._, 19 Cong. +2 sess. I. No. 2, pp. 9, 10, 74-103. + +~1827, etc.~ Colonization Society: Reports, etc. _House Doc._, 19 Cong. +2 sess. IV. Nos. 64, 69; 20 Cong. 1 sess. III. Nos. 99, 126, and V. No. +193; 20 Cong. 2 sess. I. No. 2, pp. 114, 127-8; 21 Cong. 2 sess. I. No. +2, p. 211-18; _House Reports_, 19 Cong. 2 sess. II. No. 101; 21 Cong. 1 +sess. II. No. 277, and III. No. 348; 22 Cong. 1 sess. II. No. 277. + +~1827, Jan. 30.~ Prohibition of the Slave Trade: Statement showing the +Expenditure of the Appropriation for the Prohibition of the Slave Trade, +during the year 1826, and an Estimate for 1827. _House Doc._, 19 Cong. 2 +sess. IV. No. 69. + +~1827, Dec. 1 and Dec. 4.~ Reports of the Secretary of the Navy. _Amer. +State Papers, Naval Affairs,_ III. Nos. 339, 340. + +~1827, Dec. 6.~ Message from the President ... transmitting ... a Report +from the Secretary of the Navy, showing the expense annually incurred in +carrying into effect the Act of March 2, 1819, for Prohibiting the Slave +Trade. _Senate Doc._, 20 Cong. 1 sess. I. No. 3. + +~1828, March 12.~ Recaptured Africans: Letter from the Secretary of the +Navy ... in relation to ... Recaptured Africans. _House Doc._, 20 Cong. +1 sess. V. No. 193; cf. _Ibid._, 20 Cong. 2 sess. I. No. 2, pp. 114, +127-8; also _Amer. State Papers, Naval Affairs_, III. No. 357. + +~1828, April 30.~ Africans at Key West: Message from the President ... +relative to the Disposition of the Africans Landed at Key West. _House +Doc._, 20 Cong. 1 sess. VI. No. 262. + +~1828, Nov. 27.~ Report of the Secretary of the Navy. _Amer. State +Papers, Naval Affairs_, III. No. 370. + +~1829, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 21 +Cong. 1 sess. I. No. 2, p. 40. + +~1830, April 7.~ Slave Trade ... Report: "The committee to whom were +referred the memorial of the American Society for colonizing the free +people of color of the United States; also, sundry memorials from the +inhabitants of the State of Kentucky, and a memorial from certain free +people of color of the State of Ohio, report," etc., 3 pp. Appendix. +Collected and arranged by Samuel Burch. 290 pp. _House Reports_, 21 +Cong. 1 sess. III. No. 348. (Contains a reprint of legislation and +documents from 14 Cong. 2 sess. to 21 Cong. 1 sess. Very valuable.) + +~1830, Dec. 6.~ Report of the Secretary of the Navy. _House Doc._, 21 +Cong. 2 sess. I. No. 2, pp. 42-3; _Amer. State Papers, Naval Affairs_, +III. No. 429 E. + +~1830, Dec. 6.~ Documents communicated to Congress by the President at +the opening of the Second Session of the Twenty-first Congress, +accompanying the Report of the Secretary of the Navy: Paper E. Statement +of expenditures, etc., for the removal of Africans to Liberia. _House +Doc._, 21 Cong. 2 sess. I. No. 2, pp. 211-8. + +~1831, Jan. 18.~ Spanish Slave Ship Fenix: Message from the President +... transmitting Documents in relation to certain captives on board the +Spanish slave vessel, called the Fenix. _House Doc._, 21 Cong. 2 sess. +III. No. 54; _Amer. State Papers, Naval Affairs_, III. No. 435. + +~1831-1835.~ Reports of the Secretary of the Navy. _House Doc._, 22 +Cong. 1 sess. I. No. 2, pp. 45, 272-4; 22 Cong. 2 sess. I. No. 2, pp. +48, 229; 23 Cong. 1 sess. I. No. 1, pp. 238, 269; 23 Cong. 2 sess. I. +No. 2, pp. 315, 363; 24 Cong. 1 sess. I. No. 2, pp. 336, 378. Also +_Amer. State Papers, Naval Affairs_, IV. No. 457, R. Nos. 1, 2; No. 486, +H. I.; No. 519, R.; No. 564, P.; No. 585, P. + +~1836, Jan. 26.~ Calvin Mickle, Ex'r of Nagle & De Frias. _House +Reports_, 24 Cong. 1 sess. I. No. 209. (Reports on claims connected with +the captured slaver Constitution.) + +~1836, Jan. 27, etc.~ [Reports from the Committee of Claims on cases of +captured Africans.] _House Reports_, 24 Cong. 1 sess. I. Nos. 223, 268, +and III. No. 574. No. 268 is reprinted in _House Reports_, 25 Cong. 2 +sess. I. No. 4. + +~1836, Dec. 3.~ Report of the Secretary of the Navy. _House Doc._, 24 +Cong. 2 sess. I. No. 2, pp. 450, 506. + +~1837, Feb. 14.~ Message from the President ... with copies of +Correspondence in relation to the Seizure of Slaves on board the brigs +"Encomium" and "Enterprise." _Senate Doc._, 24 Cong. 2 sess. II. No. +174; cf. _Ibid._, 25 Cong. 3 sess. III. No. 216. + +~1837-1839.~ Reports of the Secretary of the Navy. _House Doc._, 25 +Cong. 2 sess. I. No. 3, pp. 762, 771, 850; 25 Cong. 3 sess. I. No. 2, p. +613; 26 Cong. 1 sess. I. No. 2, pp. 534, 612. + +~1839.~ [L'Amistad Case.] _House Doc._, 26 Cong. 1 sess. IV. No. 185 +(correspondence); 27 Cong. 3 sess. V. No. 191 (correspondence); 28 Cong. +1 sess. IV No. 83; _House Exec. Doc._, 32 Cong. 2 sess. III. No. 20; +_House Reports_, 26 Cong. 2 sess. No. 51 (case of altered Ms.); 28 Cong. +1 sess. II. No. 426 (Report of Committee); 29 Cong. 1 sess. IV. No. 753 +(Report of Committee); _Senate Doc._, 26 Cong. 2 sess. IV. No. 179 +(correspondence); _Senate Exec Doc._, 31 Cong. 2 sess. III. No. 29 +(correspondence); 32 Cong. 2 sess. III. No. 19; _Senate Reports_, 31 +Cong. 2 sess. No. 301 (Report of Committee); 32 Cong. 1 sess. I. No. 158 +(Report of Committee); 35 Cong. 1 sess. I. No. 36 (Report of Committee). + +~1840, May 18.~ Memorial of the Society of Friends, upon the subject of +the foreign slave trade. _House Doc._, 26 Cong. 1 sess. VI. No. 211. +(Results of certain investigations.) + +~1840, Dec. 5.~ Report of the Secretary of the Navy. _House Doc._, 26 +Cong. 2 sess. I. No. 2, pp. 405, 450. + +~1841, Jan. 20.~ Message from the President ... communicating ... copies +of correspondence, imputing malpractices to the American consul at +Havana, in regard to granting papers to vessels engaged in the +slave-trade. _Senate Doc._, 26 Cong. 2 sess. III. No. 125. (Contains +much information.) + +~1841, March 3.~ Search or Seizure of American Vessels, etc.: Message +from the President ... transmitting a report from the Secretary of +State, in relation to seizures or search of American vessels on the +coast of Africa, etc. _House Doc._, 26 Cong. 2 sess. V. No. 115 +(elaborate correspondence). See also _Ibid._, 27 Cong. 1 sess. No. 34; +_House Reports_, 27 Cong. 3 sess. III. No. 283, pp. 478-755 +(correspondence). + +~1841, Dec. 4.~ Report of the Secretary of the Navy. _House Doc._, 27 +Cong. 2 sess. I. No. 2, pp. 349, 351. + +~1842, Jan. 20.~ Message from the President ... communicating ... copies +of correspondence in relation to the mutiny on board the brig Creole, +and the liberation of the slaves who were passengers in the said vessel. +_Senate Doc._, 27 Cong. 2 sess. II. No. 51. See also _Ibid._, III. No. +137; _House Doc._, 27 Cong. 3 sess. I. No. 2, p. 114. + +~1842, May 10.~ Resolutions of the Legislature of the State of +Mississippi in reference to the right of search, and the case of the +American brig Creole. _House Doc._, 27 Cong. 2 sess. IV. No. 215. +(Suggestive.) + +~1842, etc.~ [Quintuple Treaty and Cass's Protest: Messages of the +President, etc.] _House Doc._, 27 Cong. 2 sess. V. No. 249; _Senate +Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. +VIII. No. 377. + +~1842, June 10.~ Indemnities for slaves on board the Comet and Encomium: +Report of the Secretary of State. _House Doc._, 27 Cong. 2 sess. V. No. +242. + +~1842, Aug.~ Suppression of the African Slave Trade--Extradition: Case +of the Creole, etc. _House Doc._, 27 Cong. 3 sess. I. No. 2, pp. +105-136. (Correspondence accompanying Message of President.) + +~1842, Dec.~ Report of the Secretary of the Navy. _House Doc._, 27 Cong. +3 sess. I. No. 2, p. 532. + +~1842, Dec. 30.~ Message from the President ... in relation to the +strength and expense of the squadron to be employed on the coast of +Africa. _Senate Doc._, 27 Cong. 3 sess. II. No. 20. + +~1843, Feb. 28.~ Construction of the Treaty of Washington, etc.: Message +from the President ... transmitting a report from the Secretary of +State, in answer to the resolution of the House of the 22d February, +1843. _House Doc._, 27 Cong. 3 sess. V. No. 192. + +~1843, Feb. 28.~ African Colonization.... Report: "The Committee on +Commerce, to whom was referred the memorial of the friends of African +colonization, assembled in convention in the city of Washington in May +last, beg leave to submit the following report," etc. (16 pp.). +Appendix. (1071 pp.). _House Reports_, 27 Cong. 3 sess. III. No. 283 +[Contents of Appendix: pp. 17-408, identical nearly with the Appendix to +_House Reports_, 21 Cong. 1 sess. III. No. 348; pp. 408-478. +Congressional history of the slave-trade, case of the Fenix, etc. (cf. +_House Doc._, 21 Cong. 2 sess. III. No. 54); pp. 478-729, search and +seizure of American vessels (same as _House Doc._, 26 Cong. 2 sess. V. +No. 115, pp. 1-252); pp. 730-755, correspondence on British search of +American vessels, etc.; pp. 756-61, Quintuple Treaty; pp. 762-3, +President's Message on Treaty of 1842; pp. 764-96, correspondence on +African squadron, etc.; pp. 796-1088, newspaper extracts on the +slave-trade and on colonization, report of Colonization Society, etc.] + +~1843, Nov. 25.~ Report of the Secretary of the Navy. _House Doc._, 28 +Cong. 1 sess. I. No. 2, pp. 484-5. + +~1844, March 14.~ Message from the President ... communicating ... +information in relation to the abuse of the flag of the United States in +... the African slave trade, etc. _Senate Doc._, 28 Cong. 1 sess. IV. +No. 217. + +~1844, March 15.~ Report: "The Committee on the Judiciary, to whom was +referred the petition of ... John Hanes, ... praying an adjustment of +his accounts for the maintenance of certain captured African slaves, ask +leave to report," etc. _Senate Doc._, 28 Cong. 1 sess. IV. No. 194. + +~1844, May 4.~ African Slave Trade: Report: "The Committee on Foreign +Affairs, to whom was referred the petition of the American Colonization +Society and others, respectfully report," etc. _House Reports_, 28 Cong. +1 sess. II. No. 469. + +~1844, May 22.~ Suppression of the Slave-Trade on the coast of Africa: +Message from the President, etc. _House Doc._, 28 Cong. 1 sess. VI. No. +263. + +~1844, Nov. 25.~ Report of the Secretary of the Navy. _House Doc._, 28 +Cong. 2 sess. I. No. 2, p. 514. + +~1845, Feb. 20.~ Slave-Trade, etc.: Message from the President ... +transmitting copies of despatches from the American minister at the +court of Brazil, relative to the slave-trade, etc. _House Doc._, 28 +Cong. 2 sess. IV. No. 148. (Important evidence, statistics, etc.) + +~1845, Feb. 26.~ Message from the President ... communicating ... +information relative to the operations of the United States squadron, +etc. _Senate Doc._, 28 Cong. 2 sess. IX. No. 150. (Contains reports of +Commodore Perry, and statistics of Liberia.) + +~1845, Dec. 1.~ Report of the Secretary of the Navy. _House Doc._, 29 +Cong. 1 sess. I. No. 2, p. 645. + +~1845, Dec. 22.~ African Slave-Trade: Message from the President ... +transmitting a report from the Secretary of State, together with the +correspondence of George W. Slacum, relative to the African slave trade. +_House Doc._, 29 Cong. 1 sess. III. No. 43. (Contains much information.) + +~1846, June 6.~ Message from the President ... communicating ... copies +of the correspondence between the government of the United States and +that of Great Britain, on the subject of the right of search; with +copies of the protest of the American minister at Paris against the +quintuple treaty, etc. _Senate Doc._, 29 Cong. 1 sess. VIII. No. 377. +Cf. _Ibid._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; _House Doc._, +27 Cong. 2 sess. V. No. 249. + +~1846-1847, Dec.~ Reports of the Secretary of the Navy. _House Doc._, 29 +Cong. 2 sess. I. No. 4, p. 377; 30 Cong. 1 sess. II. No. 8, p. 946. + +~1848, March 3.~ Message from the President ... communicating a report +from the Secretary of State, with the correspondence of Mr. Wise, late +United States minister to Brazil, in relation to the slave trade. +_Senate Exec. Doc._, 30 Cong. 1 sess. IV. No. 28. (Full of facts.) + +~1848, May 12.~ Report of the Secretary of State, in relation to ... +the seizure of the brig Douglass by a British cruiser. _Senate Exec. +Doc._, 30 Cong. 1 sess. VI. No. 44. + +~1848, Dec. 4.~ Report of the Secretary of the Navy. _House Exec. Doc._, +30 Cong. 2 sess. I. No. 1, pp. 605, 607. + +~1849, March 2.~ Correspondence between the Consuls of the United States +at Rio de Janeiro, etc., with the Secretary of State, on the subject of +the African Slave Trade: Message of the President, etc. _House Exec. +Doc._, 30 Cong. 2 sess. VII. No. 61. (Contains much evidence.) + +~1849, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +31 Cong. 1 sess. III. pt. 1, No. 5, pt. 1, pp. 427-8. + +~1850, March 18.~ Report of the Secretary of the Navy, showing the +annual number of deaths in the United States squadron on the coast of +Africa, and the annual cost of that squadron. _Senate Exec. Doc._, 31 +Cong. 1 sess. X. No. 40. + +~1850, July 22.~ African Squadron: Message from the President ... +transmitting Information in reference to the African squadron. _House +Exec. Doc._, 31 Cong. 1 sess. IX. No. 73. (Gives total expenses of the +squadron, slavers captured, etc.) + +~1850, Aug. 2.~ Message from the President ... relative to the searching +of American vessels by British ships of war. _Senate Exec. Doc._, 31 +Cong. 1 sess. XIV. No. 66. + +~1850, Dec. 17.~ Message of the President ... communicating ... a report +of the Secretary of State, with documents relating to the African slave +trade. _Senate Exec. Doc._, 31 Cong. 2 sess. II. No. 6. + +~1851-1853.~ Reports of the Secretary of the Navy. _House Exec. Doc._, +32 Cong. 1 sess. II. pt. 2, No. 2, pt. 2, pp. 4-5; 32 Cong. 2 sess. I. +pt. 2, No. 1, pt. 2, p. 293; 33 Cong. 1 sess. I. pt. 3, No. 1, pt. 3, +pp. 298-9. + +~1854, March 13.~ Message from the President ... communicating ... the +correspondence between Mr. Schenck, United States Minister to Brazil, +and the Secretary of State, in relation to the African slave trade. +_Senate Exec. Doc._, 33 Cong. 1 sess. VIII. No. 47. + +~1854, June 13.~ Report submitted by Mr. Slidell, from the Committee on +Foreign Relations, on a resolution relative to the abrogation of the +eighth article of the treaty with Great Britain of the 9th of August, +1842, etc. _Senate Reports_, 34 Cong. 1 sess. I. No. 195. (Injunction of +secrecy removed June 26, 1856.) + +~1854-1855, Dec.~ Reports of the Secretary of the Navy. _House Exec. +Doc._, 33 Cong. 2 sess. I. pt. 2, No. 1, pt. 2, pp. 386-7; 34 Cong. 1 +sess. I. pt. 3, No. 1, pt. 3, p. 5. + +~1856, May 19.~ Slave and Coolie Trade: Message from the President ... +communicating information in regard to the Slave and Coolie trade. +_House Exec. Doc._, 34 Cong. 1 sess. XII. No. 105. (Partly reprinted in +_Senate Exec. Doc._, 34 Cong. 1 sess. XV No. 99.) + +~1856, Aug. 5.~ Report of the Secretary of State, in compliance with a +resolution of the Senate of April 24, calling for information relative +to the coolie trade. _Senate Exec. Doc._, 34 Cong. 1 sess. XV. No. 99. +(Partly reprinted in _House Exec Doc._, 34 Cong. 1 sess. XII. No. 105.) + +~1856, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +34 Cong. 3 sess. I. pt. 2, No. 1, pt. 2, p. 407. + +~1857, Feb. 11.~ Slave Trade: Letter from the Secretary of State, asking +an appropriation for the suppression of the slave trade, etc. _House +Exec Doc._, 34 Cong. 3 sess. IX. No. 70. + +~1857, Dec. 3.~ Report of the Secretary of the Navy. _House Exec Doc._, +35 Cong. 1 sess. II. pt. 3, No. 2, pt. 3, p. 576. + +~1858, April 23.~ Message of the President ... communicating ... reports +of the Secretary of State and the Secretary of the Navy, with +accompanying papers, in relation to the African slave trade. _Senate +Exec. Doc._, 35 Cong. 1 sess. XII. No. 49. (Valuable.) + +~1858, Dec. 6.~ Report of the Secretary of the Navy. _House Exec. Doc._, +35 Cong. 2 sess. II. pt. 4, No. 2, pt. 4, pp. 5, 13-4. + +~1859, Jan. 12.~ Message of the President ... relative to the landing of +the barque Wanderer on the coast of Georgia, etc. _Senate Exec. Doc._, +35 Cong. 2 sess. VII. No. 8. See also _House Exec. Doc._, 35 Cong. 2 +sess. IX. No. 89. + +~1859, March 1.~ Instructions to African squadron: Message from the +President, etc. _House Exec. Doc._, 35 Cong. 2 sess. IX. No. 104. + +~1859, Dec. 2.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 36 Cong. 1 sess. III. No. 2, pt. 3, pp. 1138-9, 1149-50. + +~1860, Jan. 25.~ Memorial of the American Missionary Association, +praying the rigorous enforcement of the laws for the suppression of the +African slave-trade, etc. _Senate Misc. Doc._, 36 Cong. 1 sess. No. 8. + +~1860, April 24.~ Message from the President ... in answer to a +resolution of the House calling for the number of persons ... belonging +to the African squadron, who have died, etc. _House Exec. Doc._, 36 +Cong. 1 sess. XII. No. 73. + +~1860, May 19.~ Message of the President ... relative to the capture of +the slaver Wildfire, etc. _Senate Exec. Doc._, 36 Cong. 1 sess. XI. No. +44. + +~1860, May 22.~ Capture of the slaver "William": Message from the +President ... transmitting correspondence relative to the capture of the +slaver "William," etc. _House Exec. Doc._, 36 Cong. 1 sess. XII. No. 83. + +~1860, May 31.~ The Slave Trade ... Report: "The Committee on the +Judiciary, to whom was referred Senate Bill No. 464, ... together with +the messages of the President ... relative to the capture of the slavers +'Wildfire' and 'William,' ... respectfully report," etc. _House +Reports_, 36 Cong. 1 sess. IV. No. 602. + +~1860, June 16.~ Recaptured Africans: Letter from the Secretary of the +Interior, on the subject of the return to Africa of recaptured Africans, +etc. _House Misc. Doc._, 36 Cong. 1 sess. VII. No. 96. Cf. _Ibid._, No. +97, p. 2. + +~1860, Dec. 1.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 36 Cong. 2 sess. III. pt. 1, No. 1, pt. 3, pp. 8-9. + +~1860, Dec. 6.~ African Slave Trade: Message from the President ... +transmitting ... a report from the Secretary of State in reference to +the African slave trade. _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7. +(Voluminous document, containing chiefly correspondence, orders, etc., +1855-1860.) + +~1860, Dec. 17.~ Deficiencies of Appropriation, etc.: Letter from the +Secretary of the Interior, communicating estimates for deficiencies in +the appropriation for the suppression of the slave trade, etc. _House +Exec. Doc._, 36 Cong. 2 sess. V. No. 11. (Contains names of captured +slavers.) + +~1861, July 4.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 37 Cong. 1 sess. No. 1, pp. 92, 97. + +~1861, Dec. 2.~ Report of the Secretary of the Navy. _Senate Exec. +Doc._, 37 Cong. 2 sess. Vol. III. pt. 1, No. 1, pt. 3, pp. 11, 21. + +~1861, Dec. 18.~ In Relation to Captured Africans: Letter from the +Secretary of the Interior ... as to contracts for returning and +subsistence of captured Africans. _House Exec. Doc._, 37 Cong. 2 sess. +I. No. 12. + +~1862, April 1.~ Letter of the Secretary of the Interior ... in relation +to the slave vessel the "Bark Augusta." _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 40. + +~1862, May 30.~ Letter of the Secretary of the Interior ... in relation +to persons who have been arrested in the southern district of New York, +from the 1st day of May, 1852, to the 1st day of May, 1862, charged with +being engaged in the slave trade, etc. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 53. + +~1862, June 10.~ Message of the President ... transmitting a copy of the +treaty between the United States and her Britannic Majesty for the +suppression of the African slave trade. _Senate Exec. Doc._, 37 Cong. 2 +sess. V. No. 57. (Also contains correspondence.) + +~1862, Dec. 1.~ Report of the Secretary of the Navy. _House Exec. Doc._, +37 Cong. 3 sess. III. No. 1, pt. 3, p. 23. + +~1863, Jan. 7.~ Liberated Africans: Letter from the Acting Secretary of +the Interior ... transmitting reports from Agent Seys in relation to +care of liberated Africans. _House Exec. Doc._, 37 Cong. 3 sess. V. No. +28. + +~1864, July 2.~ Message of the President ... communicating ... +information in regard to the African slave trade. _Senate Exec. Doc._, +38 Cong. 1 sess. No. 56. + +~1866-69.~ Reports of the Secretary of the Navy. _House Exec. Doc._, 39 +Cong. 2 sess. IV. No. 1, pt. 6, pp. 12, 18-9; 40 Cong. 2 sess. IV. No. +1, p. 11; 40 Cong. 3 sess. IV. No. 1, p. ix; 41 Cong. 2 sess. I. No. 1, +pp. 4, 5, 9, 10. + +~1870, March 2.~ [Resolution on the slave-trade submitted to the Senate +by Mr. Wilson]. _Senate Misc. Doc._, 41 Cong. 2 sess. No. 66. + + +~GENERAL BIBLIOGRAPHY.~ + +John Quincy Adams. Argument before the Supreme Court of the United +States, in the case of the United States, Appellants, _vs._ Cinque, and +Others, Africans, captured in the schooner Amistad, by Lieut. Gedney, +delivered on the 24th of Feb. and 1st of March, 1841. With a Review of +the case of the Antelope. New York, 1841. + +An African Merchant (anon.). A Treatise upon the Trade from +Great-Britain to Africa; Humbly recommended to the Attention of +Government. London, 1772. + +The African Slave Trade: Its Nature, Consequences, and Extent. From the +Leeds Mercury. [Birmingham, 183-.] + +The African Slave Trade: The Secret Purpose of the Insurgents to Revive +it. No Treaty Stipulations against the Slave Trade to be entered into +with the European Powers, etc. Philadelphia, 1863. + +George William Alexander. Letters on the Slave-Trade, Slavery, and +Emancipation, etc. London, 1842. (Contains Bibliography.) + +American and Foreign Anti-Slavery Society; Reports. + +American Anti-Slavery Society. Memorial for the Abolition of Slavery and +the Slave Trade. London, 1841. + +----. Reports and Proceedings. + +American Colonization Society. Annual Reports, 1818-1860. (Cf. above, +United States Documents.) + +J.A. Andrew and A.G. Browne, proctors. Circuit Court of the United +States, Massachusetts District, ss. In Admiralty. The United States, by +Information, _vs._ the Schooner Wanderer and Cargo, G. Lamar, Claimant. +Boston, 1860. + +Edward Armstrong, editor. The Record of the Court at Upland, in +Pennsylvania. 1676-1681. Philadelphia, 1860. (In _Memoirs_ of the +Pennsylvania Historical Society, VII. 11.) + +Samuel Greene Arnold. History of the State of Rhode Island and +Providence Plantations. 2 vols. New York, 1859-60. (See Index to Vol. +II., "Slave Trade.") + +Assiento, or, Contract for allowing to the Subjects of Great Britain the +Liberty of Importing Negroes into the Spanish America. Sign'd by the +Catholick King at Madrid, the Twenty sixth Day of March, 1713. By Her +Majesties special Command. London, 1713. + +R.S. Baldwin. Argument before the Supreme Court of the United States, in +the case of the United States, Appellants, _vs._ Cinque, and Others, +Africans of the Amistad. New York, 1841. + +James Bandinel. Some Account of the Trade in Slaves from Africa as +connected with Europe and America; From the Introduction of the Trade +into Modern Europe, down to the present Time; especially with reference +to the efforts made by the British Government for its extinction. +London, 1842. + +Anthony Benezet. Inquiry into the Rise and Progress of the Slave Trade, +1442-1771. (In his Historical Account of Guinea, etc., Philadelphia, +1771.) + +----. Notes on the Slave Trade, etc. [1780?]. + +Thomas Hart Benton. Abridgment of the Debates of Congress, from 1789 to +1856. 16 vols. Washington, 1857-61. + +Edward Bettle. Notices of Negro Slavery, as connected with Pennsylvania. +(Read before the Historical Society of Pennsylvania, Aug. 7, 1826. +Printed in _Memoirs_ of the Historical Society of Pennsylvania, Vol. I. +Philadelphia, 1864.) + +W.O. Blake. History of Slavery and the Slave Trade, Ancient and Modern. +Columbus, 1859. + +Jeffrey R. Brackett. The Status of the Slave, 1775-1789. (Essay V. in +Jameson's _Essays in the Constitutional History of the United States, +1775-89_. Boston, 1889.) + +Thomas Branagan. Serious Remonstrances, addressed to the Citizens of the +Northern States and their Representatives, on the recent Revival of the +Slave Trade in this Republic. Philadelphia, 1805. + +British and Foreign Anti-Slavery Society. Annual and Special Reports. + +----. Proceedings of the general Anti-Slavery Convention, called by +the committee of the British and Foreign Anti-Slavery Society, and held +in London, ... June, 1840. London, 1841. + +[A British Merchant.] The African Trade, the Great Pillar and Support +of the British Plantation Trade in America: shewing, etc. London, 1745. + +[British Parliament, House of Lords.] Report of the Lords of the +Committee of the Council appointed for the Confederation of all Matters +relating to Trade and Foreign Plantations, etc. 2 vols. [London,] 1789. + +William Brodie. Modern Slavery and the Slave Trade: a Lecture, etc. +London, 1860. + +Thomas Fowell Buxton. The African Slave Trade and its Remedy. London, +1840. + +John Elliot Cairnes. The Slave Power: its Character, Career, and +Probable Designs. London, 1862. + +Henry C. Carey. The Slave Trade, Domestic and Foreign: why it Exists and +how it may be Extinguished. Philadelphia, 1853. + +[Lewis Cass]. An Examination of the Question, now in Discussion, ... +concerning the Right of Search. By an American. [Philadelphia, 1842.] + +William Ellery Channing. The Duty of the Free States, or Remarks +suggested by the case of the Creole. Boston, 1842. + +David Christy. Ethiopia, her Gloom and Glory, as illustrated in the +History of the Slave Trade, etc. (1442-1857.) Cincinnati, 1857. + +Rufus W. Clark. The African Slave Trade. Boston, [1860.] + +Thomas Clarkson. An Essay on the Comparative Efficiency of Regulation or +Abolition, as applied to the Slave Trade. Shewing that the latter only +can remove the evils to be found in that commerce. London, 1789. + +----. An Essay on the Impolicy of the African Slave Trade. In two +parts. Second edition. London, 1788. + +----. An Essay on the Slavery and Commerce of the Human Species, +particularly the African. London and Dublin, 1786. + +----. The History of the Rise, Progress, and Accomplishment of the +Abolition of the African Slave-Trade, by the British Parliament. 2 vols. +Philadelphia, 1808. + +Michael W. Cluskey. The Political Text-Book, or Encyclopedia ... for the +Reference of Politicians and Statesmen. Fourteenth edition. +Philadelphia, 1860. + +T.R.R. Cobb. An Historical Sketch of Slavery, from the Earliest Periods. +Philadelphia and Savannah. 1858. + +T.R.R. Cobb. Inquiry into the Law of Negro Slavery in the United States +of America. Vol. I. Philadelphia and Savannah, 1858. + +Company of Royal Adventurers. The Several Declarations of the Company of +Royal Adventurers of England trading into Africa, inviting all His +Majesties Native Subjects in general to Subscribe, and become Sharers in +their Joynt-stock, etc. [London,] 1667. + +Confederate States of America. By Authority of Congress: The Statutes at +Large of the Provisional Government of the Confederate States of +America, from the Institution of the Government, Feb. 8, 1861, to its +Termination, Feb. 18, 1862, Inclusive, etc. (Contains provisional and +permanent constitutions.) Edited by James M. Matthews. Richmond, 1864. + +Constitution of a Society for Abolishing the Slave-Trade. With Several +Acts of the Legislatures of the States of Massachusetts, Connecticut and +Rhode-Island, for that Purpose. Printed by John Carter. Providence, +1789. + +Continental Congress. Journals and Secret Journals. + +Moncure D. Conway. Omitted Chapters of History disclosed in the Life and +Papers of Edmund Randolph, etc. New York and London, 1888. + +Thomas Cooper. Letters on the Slave Trade. Manchester, Eng., 1787. + +Correspondence with British Ministers and Agents in Foreign Countries, +and with Foreign Ministers in England, relative to the Slave Trade, +1859-60. London, 1860. + +The Creole Case, and Mr. Webster's Despatch; with the comments of the +New York "American." New York, 1842. + +B.R. Curtis. Reports of Decisions in the Supreme Court of the United +States. With Notes, and a Digest. Fifth edition. 22 vols. Boston, 1870. + +James Dana. The African Slave Trade. A Discourse delivered ... +September, 9, 1790, before the Connecticut Society for the Promotion of +Freedom. New Haven, 1791. + +Henry B. Dawson, editor. The Foederalist: A Collection of Essays, +written in favor of the New Constitution, as agreed upon by the +Foederal Convention, September 17, 1787. Reprinted from the Original +Text. With an Historical Introduction and Notes. Vol. I. New York, +1863. + +Paul Dean. A Discourse delivered before the African Society ... in +Boston, Mass., on the Abolition of the Slave Trade ... July 14, 1819. +Boston, 1819. + +Charles Deane. The Connection of Massachusetts with Slavery and the +Slave-Trade, etc. Worcester, 1886. (Also in _Proceedings_ of the +American Antiquarian Society, October, 1886.) + +----. Charles Deane. Letters and Documents relating to Slavery in +Massachusetts. (In _Collections_ of the Massachusetts Historical +Society, 5th Series, III. 373.) + +Debate on a Motion for the Abolition of the Slave-Trade, in the House of +Commons, on Monday and Tuesday, April 18 and 19, 1791. Reported in +detail. London, 1791. + +J.D.B. De Bow. The Commercial Review of the South and West. (Also De +Bow's Review of the Southern and Western States.) 38 vols. New Orleans, +1846-69. + +Franklin B. Dexter. Estimates of Population in the American Colonies. +Worcester, 1887. + +Captain Richard Drake. Revelations of a Slave Smuggler: being the +Autobiography of Capt. Richard Drake, an African Trader for fifty +years--from 1807 to 1857, etc. New York, [1860.] + +Daniel Drayton. Personal Memoir, etc. Including a Narrative of the +Voyage and Capture of the Schooner Pearl. Published by the American and +Foreign Anti-Slavery Society, Boston and New York, 1855. + +John Drayton. Memoirs of the American Revolution. 2 vols. Charleston, +1821. + +Paul Dudley. An Essay on the Merchandize of Slaves and Souls of Men. +Boston, 1731. + +Edward E. Dunbar. The Mexican Papers, containing the History of the Rise +and Decline of Commercial Slavery in America, with reference to the +Future of Mexico. First Series, No. 5. New York, 1861. + +Jonathan Edwards. The Injustice and Impolicy of the Slave Trade, and of +the Slavery of the Africans, etc. [New Haven,] 1791. + +Jonathan Elliot. The Debates ... on the adoption of the Federal +Constitution, etc. 4 vols. Washington, 1827-30. + +Emerson Etheridge. Speech ... on the Revival of the African Slave Trade, +etc. Washington, 1857. + +Alexander Falconbridge. An Account of the Slave Trade on the Coast of +Africa. London, 1788. + +Andrew H. Foote. Africa and the American Flag. New York, 1854. + +----. The African Squadron: Ashburton Treaty; Consular Sea Letters. +Philadelphia, 1855. + +Peter Force. American Archives, etc. In Six Series. Prepared and +Published under Authority of an act of Congress. Fourth and Fifth +Series. 9 vols. Washington, 1837-53. + +Paul Leicester Ford. The Association of the First Congress, (In +Political Science Quarterly, VI. 613.) + +----. Pamphlets on the Constitution of the United States, published +during its Discussion by the People, 1787-8. (With Bibliography, etc.) +Brooklyn, 1888. + +William Chauncey Fowler. Local Law in Massachusetts and Connecticut, +Historically considered; and The Historical Status of the Negro, in +Connecticut, etc. Albany, 1872, and New Haven, 1875. + +[Benjamin Franklin.] An Essay on the African Slave Trade. Philadelphia, +1790. + +[Friends.] Address to the Citizens of the United States of America on +the subject of Slavery, etc. (At New York Yearly Meeting.) New York, +1837. + +----. An Appeal on the Iniquity of Slavery and the Slave Trade. (At +London Yearly Meeting.) London and Cincinnati, 1844. + +----. The Appeal of the Religious Society of Friends in Pennsylvania, +New Jersey, Delaware, etc., [Yearly Meeting] to their Fellow-Citizens of +the United States on behalf of the Coloured Races. Philadelphia, 1858. + +----. A Brief Statement of the Rise and Progress of the Testimony of +the Religious Society of Friends against Slavery and the Slave Trade. +1671-1787. (At Yearly Meeting in Philadelphia.) Philadelphia, 1843. + +----. The Case of our Fellow-Creatures, the Oppressed Africans, +respectfully recommended to the Serious Consideration of the Legislature +of Great-Britain, by the People called Quakers. (At London Meeting.) +London, 1783 and 1784. (This volume contains many tracts on the African +slave-trade, especially in the West Indies; also descriptions of trade, +proposed legislation, etc.) + +[Friends.] An Exposition of the African Slave Trade, from the year 1840, +to 1850, inclusive. Prepared from official documents. Philadelphia, +1857. + +----. Extracts and Observations on the Foreign Slave Trade. +Philadelphia, 1839. + +----. Facts and Observations relative to the Participation of +American Citizens in the African Slave Trade. Philadelphia, 1841. + +----. Faits relatifs a la Traite des Noirs, et Details sur Sierra +Leone; par la Societe des Ames. Paris, 1824. + +----. Germantown Friends' Protest against Slavery, 1688. Fac-simile +Copy. Philadelphia, 1880. + +----. Observations on the Inslaving, importing and purchasing of +Negroes; with some Advice thereon, extracted from the Epistle of the +Yearly-Meeting of the People called Quakers, held at London in the Year +1748. Second edition. Germantown, 1760. + +----. Proceedings in relation to the Presentation of the Address of +the [Great Britain and Ireland] Yearly Meeting on the Slave-Trade and +Slavery, to Sovereigns and those in Authority in the nations of Europe, +and in other parts of the world, where the Christian religion is +professed. Cincinnati, 1855. + +----. Slavery and the Domestic Slave Trade in the United States. By +the committee appointed by the late Yearly Meeting of Friends held in +Philadelphia, in 1839. Philadelphia, 1841. + +----. A View of the Present State of the African Slave Trade. +Philadelphia, 1824. + +Carl Garcis. Das Heutige Voelkerrecht und der Menschenhandel. Eine +voelkerrechtliche Abhandlung, zugleich Ausgabe des deutschen Textes der +Vertraege von 20. Dezember 1841 und 29. Maerz 1879. Berlin, 1879. + +----. Der Sklavenhandel, das Voelkerrecht, und das deutsche Recht. +(In Deutsche Zeit- und Streit-Fragen, No. 13.) Berlin, 1885. + +Agenor Etienne de Gasparin. Esclavage et Traite. Paris, 1838. + +Joshua R. Giddings. Speech ... on his motion to reconsider the vote +taken upon the final passage of the "Bill for the relief of the owners +of slaves lost from on Board the Comet and Encomium." [Washington, +1843.] + +Benjamin Godwin. The Substance of a Course of Lectures on British +Colonial Slavery, delivered at Bradford, York, and Scarborough. London, +1830. + +----. Lectures on Slavery. From the London edition, with additions. +Edited by W.S. Andrews. Boston, 1836. + +William Goodell. The American Slave Code in Theory and Practice: its +Distinctive Features shown by its Statutes, Judicial Decisions, and +Illustrative Facts. New York, 1853. + +----. Slavery and Anti-Slavery; A History of the great Struggle in +both Hemispheres; with a view of the Slavery Question in the United +States. New York, 1852. + +Daniel R. Goodloe. The Birth of the Republic. Chicago, [1889.] + +[Great Britain.] British and Foreign State Papers. + +----. Sessional Papers. (For notices of slave-trade in British +Sessional Papers, see Bates Hall Catalogue, Boston Public Library, pp. +347 _et seq._) + +[Great Britain: Parliament.] Chronological Table and Index of the +Statutes, Eleventh Edition, to the end of the Session 52 and 53 +Victoria, (1889.) By Authority. London, 1890. + +[Great Britain: Record Commission.] The Statutes of the Realm. Printed +by command of His Majesty King George the Third ... From Original +Records and Authentic Manuscripts. 9 vols. London, 1810-22. + +George Gregory. Essays, Historical and Moral. Second edition. London, +1788. (Essays 7 and 8: Of Slavery and the Slave Trade; A Short Review, +etc.) + +Pope Gregory XVI. To Catholic Citizens! The Pope's Bull [for the +Abolition of the Slave Trade], and the words of Daniel O'Connell [on +American Slavery.] New York, [1856.] + +H. Hall. Slavery in New Hampshire. (In _New England Register_, XXIX. +247.) + +Isaac W. Hammond. Slavery in New Hampshire in the Olden Time. (In +_Granite Monthly_, IV. 108.) + +James H. Hammond. Letters on Southern Slavery: addressed to Thomas +Clarkson. [Charleston, (?)]. + +Robert G. Harper. Argument against the Policy of Reopening the African +Slave Trade. Atlanta, Ga., 1858. + +Samuel Hazard, editor. The Register of Pennsylvania. 16 vols. +Philadelphia, 1828-36. + +Hinton R. Helper. The Impending Crisis of the South: How to Meet it. +Enlarged edition. New York, 1860. + +Lewis and Sir Edward Hertslet, compilers. A Complete Collection of the +Treaties and Conventions, and Reciprocal Regulations, at present +subsisting between Great Britain and Foreign Powers, and of the Laws, +Decrees, and Orders in Council, concerning the same; so far as they +relate to Commerce and Navigation, ... the Slave Trade, etc. 17 vols., +(Vol. XVI., Index.) London, 1840-90. + +William B. Hodgson. The Foulahs of Central Africa, and the African Slave +Trade. [New York, (?)] 1843. + +John Codman Hurd. The Law of Freedom and Bondage in the United States. 2 +vols. Boston and New York, 1858, 1862. + +----. The International Law of the Slave Trade, and the Maritime +Right of Search. (In the American Jurist, XXVI. 330.) + +----. The Jamaica Movement, for promoting the Enforcement of the +Slave-Trade Treaties, and the Suppression of the Slave-Trade; with +statements of Fact, Convention, and Law: prepared at the request of the +Kingston Committee. London, 1850. + +William Jay. Miscellaneous Writings on Slavery. Boston, 1853. + +----. A View of the Action of the Federal Government, in Behalf of +Slavery. New York, 1839. + +T. and J.W. Johnson. Inquiry into the Law of Negro Slavery in the United +States. + +Alexandre Moreau de Jonnes. Recherches Statistiques sur l'Esclavage +Colonial et sur les Moyens de le supprimer. Paris, 1842. + +M.A. Juge. The American Planter: or The Bound Labor Interest in the +United States. New York, 1854. + +Friedrich Kapp. Die Sklavenfrage in den Vereinigten Staaten. Goettingen +and New York, 1854. + +----. Geschichte der Sklaverei in den Vereinigten Staaten von +Amerika. Hamburg, 1861. + +Frederic Kidder. The Slave Trade in Massachusetts. (In _New-England +Historical and Genealogical Register_, XXXI. 75.) + +George Lawrence. An Oration on the Abolition of the Slave Trade ... Jan. +1, 1813. New York, 1813. + +William B. Lawrence. Visitation and Search; or, An Historical Sketch of +the British Claim to exercise a Maritime Police over the Vessels of all +Nations, in Peace as well as in War. Boston, 1858. + +Letter from ... in London, to his Friend in America, on the ... Slave +Trade, etc. New York, 1784. + +Thomas Lloyd. Debates of the Convention of the State of Pennsylvania on +the Constitution, proposed for the Government of the United States. In +two volumes. Vol. I. Philadelphia, 1788. + +London Anti-Slavery Society. The Foreign Slave Trade, A Brief Account of +its State, of the Treaties which have been entered into, and of the Laws +enacted for its Suppression, from the date of the English Abolition Act +to the present time. London, 1837. + +----. The Foreign Slave Trade, etc., No. 2. London, 1838. + +London Society for the Extinction of the Slave Trade, and for the +Civilization of Africa. Proceedings at the first Public Meeting, held at +Exeter Hall, on Monday, 1st June, 1840. London, 1840. + +Theodore Lyman, Jr. The Diplomacy of the United States, etc. Second +edition. 2 vols. Boston, 1828. + +Hugh M'Call. The History of Georgia, containing Brief Sketches of the +most Remarkable Events, up to the Present Day. 2 vols. Savannah, +1811-16. + +Marion J. McDougall. Fugitive Slaves. Boston, 1891. + +John Fraser Macqueen. Chief Points in the Laws of War and Neutrality, +Search and Blockade, etc. London and Edinburgh, 1862. + +R.R. Madden. A Letter to W.E. Channing, D.D., on the subject of the +Abuse of the Flag of the United States in the Island of Cuba, and the +Advantage taken of its Protection in promoting the Slave Trade. Boston, +1839. + +James Madison. Letters and Other Writings of James Madison, Fourth +President of the United States. In four volumes. Published by order of +Congress. Philadelphia, 1865. + +James Madison. The Papers of James Madison, purchased by order of +Congress; being his Correspondence and Reports of Debates during the +Congress of the Confederation and his Reports of Debates in the Federal +Convention. 3 vols. Washington, 1840. + +Marana (pseudonym). The Future of America. Considered ... in View of ... +Re-opening the Slave Trade. Boston, 1858. + +E. Marining. Six Months on a Slaver. New York, 1879. + +George C. Mason. The African Slave Trade in Colonial Times. (In American +Historical Record, I. 311, 338.) + +Frederic G. Mather. Slavery in the Colony and State of New York. (In +_Magazine of American History_, XI. 408.) + +Samuel May, Jr. Catalogue of Anti-Slavery Publications in America, +1750-1863. (Contains bibliography of periodical literature.) + +Memorials presented to the Congress of the United States of America, by +the Different Societies instituted for promoting the Abolition of +Slavery, etc., etc., in the States of Rhode-Island, Connecticut, +New-York, Pennsylvania, Maryland, and Virginia. Philadelphia, 1792. + +Charles F. Mercer. Memoires relatifs a l'Abolition de la Traite +Africaine, etc. Paris, 1855. + +C.W. Miller. Address on Re-opening the Slave Trade ... August 29, 1857. +Columbia, S.C., 1857. + +George H. Moore. Notes on the History of Slavery in Massachusetts. New +York, 1866. + +----. Slavery in Massachusetts. (In _Historical Magazine_, XV. 329.) + +Jedidiah Morse. A Discourse ... July 14, 1808, in Grateful Celebration +of the Abolition of the African Slave-Trade by the Governments of the +United States, Great Britain and Denmark. Boston, 1808. + +John Pennington, Lord Muncaster. Historical Sketches of the Slave Trade +and its effect on Africa, addressed to the People of Great Britain. +London, 1792. + +Edward Needles. An Historical Memoir of the Pennsylvania Society, for +Promoting the Abolition of Slavery. Philadelphia, 1848. + +New England Anti-Slavery Convention. Proceedings at Boston, May 27, +1834. Boston, 1834. + +Hezekiah Niles (_et al._), editors. The Weekly Register, etc. 71 vols. +Baltimore, 1811-1847. (For Slave-Trade, see I. 224; III. 189; V. 30, 46; +VI. 152; VII. 54, 96, 286, 350; VIII. 136, 190, 262, 302, Supplement, p. +155; IX. 60, 78, 133, 172, 335; X. 296, 400, 412, 427; XI. 15, 108, 156, +222, 336, 399; XII. 58, 60, 103, 122, 159, 219, 237, 299, 347, 397, +411.) + +Robert Norris. A Short Account of the African Slave-Trade. A new edition +corrected. London, 1789. + +E.B. O'Callaghan, translator. Voyages of the Slavers St. John and Arms +of Amsterdam, 1659, 1663; with additional papers illustrative of the +Slave Trade under the Dutch. Albany, 1867. (New York Colonial Tracts, +No. 3.) + +Frederick Law Olmsted. A Journey in the Back Country. New York, 1860. + +----. A Journey in the Seaboard Slave States, etc. New York, 1856. + +----. A Journey through Texas, etc. New York, 1857. + +----. The Cotton Kingdom, etc. 2 vols. New York, 1861. + +Sir W.G. Ouseley. Notes on the Slave Trade; with Remarks on the Measures +adopted for its Suppression. London, 1850. + +Pennsylvania Historical Society. The Charlemagne Tower Collection of +American Colonial Laws. (Bibliography.) Philadelphia, 1890. + +Edward A. Pollard. Black Diamonds gathered in the Darkey Homes of the +South. New York, 1859. + +William F. Poole. Anti-Slavery Opinions before the Year 1800. To which +is appended a fac-simile reprint of Dr. George Buchanan's Oration on the +Moral and Political Evil of Slavery, etc. Cincinnati, 1873. + +Robert Proud. History of Pennsylvania. 2 vols. 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Southern Institutes; or, An Inquiry into the Origin +and Early Prevalence of Slavery and the Slave-Trade. Philadelphia, 1858. + +Selections from the Revised Statutes: Containing all the Laws relating +to Slaves, etc. New York, 1830. + +Johann J. Sell. Versuch einer Geschichte des Negersclavenhandels. Halle, +1791. + +[Granville Sharp.] Extract of a Letter to a Gentleman in Maryland; +Wherein is demonstrated the extreme wickedness of tolerating the Slave +Trade. Fourth edition. London, 1806. + +A Short Account of that part of Africa Inhabited by the Negroes, ... and +the Manner by which the Slave Trade is carried on. Third edition. +London, 1768. + +A Short Sketch of the Evidence for the Abolition of the Slave-Trade. +Philadelphia, 1792. + +Joseph Sidney. An Oration commemorative of the Abolition of the Slave +Trade in the United States.... Jan. 2. 1809. New York, 1809. + +[A Slave Holder.] Remarks upon Slavery and the Slave-Trade, addressed to +the Hon. Henry Clay. 1839. + +The Slave Trade in New York. (In the _Continental Monthly_, January, +1862, p. 86.) + +Joseph Smith. A Descriptive Catalogue of Friends' Books. (Bibliography.) +2 vols. London, 1867. + +Capt. William Snelgrave. A New Account of some Parts of Guinea, and the +Slave-Trade. London, 1734. + +South Carolina. General Assembly (House), 1857. Report of the Special +Committee of the House of Representatives ... on so much of the Message +of His Excellency Gov. Jas. H. Adams, as relates to Slavery and the +Slave Trade. Columbia, S.C., 1857. + +L.W. Spratt. A Protest from South Carolina against a Decision of the +Southern Congress: Slave Trade in the Southern Congress. (In Littell's +_Living Age_, Third Series, LXVIII. 801.) + +----. Speech upon the Foreign Slave Trade, before the Legislature of +South Carolina. Columbia, S.C., 1858. + +----. The Foreign Slave Trade the Source of Political Power, etc. +Charleston, 1858. + +William Stith. The History of the First Discovery and Settlement of +Virginia. Virginia and London, 1753. + +George M. Stroud. A Sketch of the Laws relating to Slavery in the +Several States of the United States of America. Philadelphia, 1827. + +James Swan. A Dissuasion to Great-Britain and the Colonies: from the +Slave-Trade to Africa. Shewing the Injustice thereof, etc. Revised and +Abridged. Boston, 1773. + +F.T. Texugo. A Letter on the Slave Trade still carried on along the +Eastern Coast of Africa, etc. London, 1839. + +R. Thorpe. A View of the Present Increase of the Slave Trade, the Cause +of that Increase, and a mode for effecting its total Annihilation. +London, 1818. + +Jesse Torrey. A Portraiture of Domestic Slavery ... and a Project of +Colonial Asylum for Free Persons of Colour. Philadelphia, 1817. + +Drs. Tucker and Belknap. Queries respecting the Slavery and Emancipation +of Negroes in Massachusetts, proposed by the Hon. Judge Tucker of +Virginia, and answered by the Rev. Dr. Belknap. (In Collections of the +Massachusetts Historical Society, First Series, IV. 191.) + +David Turnbull. Travels in the West. Cuba; with Notices of Porto Rico, +and the Slave Trade. London, 1840. + +United States Congress. Annals of Congress, 1789-1824; Congressional +Debates, 1824-37; Congressional Globe, 1833-73; Congressional Record, +1873-; Documents (House and Senate); Executive Documents (House and +Senate); Journals (House and Senate); Miscellaneous Documents (House and +Senate); Reports (House and Senate); Statutes at Large. + +United States Supreme Court. Reports of Decisions. + +Charles W. Upham. Speech in the House of Representatives, Massachusetts, +on the Compromises of the Constitution, with an Appendix containing the +Ordinance of 1787. Salem, 1849. + +Virginia State Convention. Proceedings and Debates, 1829-30. Richmond, +1830. + +G. Wadleigh. Slavery in New Hampshire. (In _Granite Monthly_, VI. 377.) + +Emory Washburn. Extinction of Slavery in Massachusetts. (In Proceedings +of the Massachusetts Historical Society, May, 1857. Boston, 1859.) + +William B. Weeden. Economic and Social History of New England, +1620-1789. 2 vols. Boston, 1890. + +Henry Wheaton. Enquiry into the Validity of the British Claim to a Right +of Visitation and Search of American Vessels suspected to be engaged in +the African Slave-Trade. Philadelphia, 1842. + +William H. Whitmore. The Colonial Laws of Massachusetts. Reprinted from +the Edition of 1660, with the Supplements to 1772. Containing also the +Body of Liberties of 1641. Boston, 1889. + +George W. Williams. History of the Negro Race in America from 1619 to +1880. 2 vols. New York, 1883. + +Henry Wilson. History of the Antislavery Measures of the Thirty-seventh +and Thirty-eighth United-States Congresses, 1861-64. Boston, 1864. + +----. History of the Rise and Fall of the Slave Power in America. 3 +vols. Boston, 1872-7. + + +FOOTNOTES: + +[1] The Reports of the Secretary of the Navy are found among +the documents accompanying the annual messages of the President. + + * * * * * + + + + +Index + + +ABOLITION of slave-trade by Europe, 145 n. + +Abolition Societies, organization of, 42, 74; + petitions of, 79, 80-85. + +Adams, C.F., 151. + +Adams, J.Q., on Right of Search, 139; + proposes Treaty of 1824, 140; + message, 271-72. + +Adams, Governor of S.C., message on slave-trade, 169, 170, 289-90. + +Advertisements for smuggled slaves, 182 n. + +Africa, English trade to, 10, 12-13; + Dutch trade to, 24-25; + Colonial trade to, 26, 35, 36, 41-42, 47, 75, 76; + "Association" and trade to, 47, 52; + American trade to, 88, 112, 113, 116, 148, 179, 180, 181-82, 185-87; + reopening of trade to, 168-92. + +African Agency, establishment, 124, 126; + attempts to abolish, 156; + history, 158. + +"African Labor Supply Association," 176. + +African Society of London, 113. + +African squadron, establishment of, 123, 124; + activity of, 128, 129, 146, 148, 157, 159, 184, 185, 186, 191. + +Aix-la-Chapelle, Peace, 11; + Congress, 137 n. + +Alabama, in Commercial Convention, 170; + State statutes, 112, 254, 263-64, 287-88. + +Alston, speeches on Act of 1807, 99 n., 101 n., 102 n. + +Amelia Island, illicit traffic at, 116, 117, 121, 254; + capture of, 118, 257. + +Amendments to slave-trade clause in Constitution proposed, 72, 94, + 111 n., 183, 248-51, 253, 258, 266, 298, 299. + +American Missionary Society, petition, 182. + +"L'Amistad," case of, 143, 311. + +Anderson, minister to Colombia, 142 n. + +"Antelope" ("Ramirez"), case of, 129 n., 132, 284. + +"Apprentices," African, importation of, 172, 177; + Louisiana bill on, 177; + Congressional bill on, 183. + +Appropriations to suppress the slave-trade, chronological list of, 125 n.; + from 1820 to 1850, 157-58; + from 1850 to 1860, 183; + from 1860 to 1870, 190; + statutes, 255, 265, 272-76, 277-78, 285, 286-89, 291, 294, 297, 300, + 301, 304. + +Argentine Confederation, 144 n. + +Arkansas, 170. + +Arkwright, Richard, 152. + +Ashmun, Jehudi, 158. + +Assiento treaty, 4, 206, 207; + influence of, 7, 22, 45. + +"Association," the, reasons leading to, 47, 48; + establishment of, 50, 51; + results of, 52-53. + +Atherton, J., speech of, 72. + +"Augusta," case of the slaver, 315. + +Aury, Capt., buccaneer, 116. + +Austria, at Congress of Vienna, 155-56; + at Congress of Verona, 139-40; + signs Quintuple Treaty, 147, 281. + +Ayres, Eli, U.S. African agent, 158; + report of, 128, 129. + + +BABBIT, William, slave-trader, 131 n. + +Bacon, Samuel, African agent, 126, 158. + +Badger, Joseph, slave-trader, 131 n. + +Baldwin, Abraham, in Federal Convention, 59, 60, 63, 65; + in Congress, 81, 108. + +Baltimore, slave-trade at, 131-32, 165, 166. + +Banks, N.P., 192, 305. + +Barancas, Fort, 120. + +Barbadoes, 12. + +Bard (of Pa.), Congressman, 90. + +Barksdale, Wm. (of Miss.), 175. + +Barnwell, Robert (of S.C.), 70. + +Barry, Robert, slave-trader, 165. + +Bay Island slave-depot, 166. + +Bayard, J.A. (of Del.), Congressman, 87. + +Bedinger, G.M. (of Ky.), 89 n. + +Belgium, 150. + +Belknap, J. (of Mass.), 77. + +Benezet, Anthony, 29. + +Benton, Thomas H., 140, 156, 285. + +Betton (of N.H.), Congressman, 109 n. + +Biblical Codes of Law, 26, 37, 44 n. + +Bidwell (of Mass.), Congressman, 99 n., 100 n., 102 n., 104 n., 108-10, + 111, 252. + +Blanco and Caballo, slave-traders, 165. + +Bland, T. (of Va.), Congressman, 81. + +Bolivia, 144 n. + +Border States, interstate slave-trade from, 155; + legislation of, 76; + see also under individual States. + +Boston, slave-trade at, 37, 85, 166, 184. + +Bozal Negroes, 166. + +Braddock's Expedition, 21. + +Bradley, S.R., Senator, 98, 107, 108. + +Brazil, slave-trade to, 25, 114, 144, 163, 164, 171, 179, 275; + slaves in, 133; + proposed conference with, 150; + squadron on coasts of, 160. + +Brazos Santiago, 180. + +Brown (of Miss.), Congressman, 175. + +Brown, John (of Va.), slave-trader, 52. + +Brown, John (of R.I.), 85-87. + +Buchanan, James A., refuses to co-operate with England, 151; + issues "Ostend Manifesto," 177; + as president, enforces slave-trade laws, 186; + messages, 291, 294-95, 298. + +Buchanan, Governor of Sierra Leone, 164. + +Bullock, Collector of Revenue, 116. + +Burgesses, Virginia House of, petitions vs. slave-trade, 21; + declares vs. slave-trade, 21; + in "Association," 48. + +Burke, Aedanus (of S.C.), 78-80. + +Butler, Pierce (of S.C.), Senator, 65. + + +CALHOUN, J.C., 155 n. + +California, vessels bound to, 162. + +Campbell, John, Congressman, 108. + +Campbell, Commander, U.S.N., 118 n. + +Canning, Stratford, British Minister, 138, 140. + +Canot, Capt., slave-trader, 184. + +Cape de Verde Islands, 185. + +Cartwright, Edmund, 152. + +Cass, Lewis, 147-51, 281. + +Castlereagh, British Cabinet Minister, 135, 136. + +Cato, insurrection of the slave, 18. + +"Centinel," newspaper correspondent, 67. + +Central America, 177. + +Chandalier Islands, 119. + +Chandler, John (of N.H.), 104 n. + +Charles II., of England, 10. + +Charleston, S.C., attitude toward "Association," 49; + slave-trade at, 89, 92, 93, 96, 113, 165. + +Chew, Beverly, Collector of Revenue, 116, 118. + +Chili, 150. + +Chittenden, Martin (of Vt.), 109 n. + +Claiborne, Wm., Governor of La., 92. + +Clarkson, William, 53, 134. + +Clay, J.B. (of Ky.), Congressman, 175. + +Clay, Congressman, 102 n. + +Clearance of slavers, 157, 162, 164, 184, 280, 287, 288. + +Clymer, George (of Pa.), 63, 77. + +Coastwise slave-trade, 98, 106-09, 156, 161, 183, 191, 302. + +Cobb, Howell, Sec. of the Treasury, 177. + +Coles (of Va.), Congressman, 81. + +Colombia, U.S. of, 142, 270. + +Colonies, legislation of, see under individual Colonies, and Appendix A; + slave-trade in, 11, 13, 22, 25, 34-36, 46-47, 53-56; + status of slavery in, 13-14, 23, 24, 33-34, 44, 199, 200. + +Colonization Society, 126, 156 n., 158, 196. + +"Comet," case of the slaver, 143, 309. + +Commercial conventions, Southern, 169-73. + +Company of Merchants Trading to Africa, 11. + +Compromises in Constitution, 62-66, 196-98. + +Compton, Samuel, 152. + +Confederate States of America, 187-90, 299, 300. + +Confederation, the, 56-57, 228. + +Congress of the United States, 77-111, + 112, 121-26, 128, 131, 156-58, 174, 190-92, 239, 247-66, 268, 271-75, + 278-81, 284-94, 295-97, 298-99, 301-02, 304-05. + +Congress of Verona, 139. + +Congress of Vienna, 135, 137. + +Connecticut, restrictions in, 43-44, 57; + elections in, 178; + Colonial and State legislation, 199, 200, 223, 225, 236, 240. + +"Constitution," slaver, 120, 121, 307. + +Constitution of the United States, 58-73, 78, 79-83, 94, 102-03, 107, + 111 n., 139, 183, 196, 248-51, 253, 258, 266, 298, 299. + See also Amendments and Compromises. + +Continental Congress, 49-52. + +Cook, Congressman, 100 n., 103 n., 108. + +Cosby, Governor of N.Y., 27. + +Cotton, manufacture of, 152, 153; + price of, 153-54; + crop of, 154. + +Cotton-gin, 153. + +Coxe, Tench, 68. + +Cranston, Governor of R.I., 41. + +Crawford, W.H., Secretary, 119, 175. + +"Creole," case of the slaver, 143, 283-84, 312. + +Crimean war, 154. + +Cruising Conventions, 138, 139, 146, 148-49, 285, 289, 292, 297-98. + +Cuba, cruising off, 151, 297; + movement to acquire, 155, 177, 186; + illicit traffic to and from, 161, 162, 164, 166, 171. + +Cumberland, Lieut., R.N., 149. + +"Cyane," U.S.S., 129. + + +DANA (of Conn.), Congressman, 86. + +Danish slave-trade, 47. + +Darien, Ga., 51, 117. + +Davis, Jefferson, 175. + +De Bow, J.D.B., 172, 176. + +Declaration of Independence, 53-54. + +Delaware, restrictions in, 31, 56, 76; + attitude toward slave-trade, 64, 72 n., 74; + Colonial and State statutes, 225, 226, 232, 238-39, 244. + +Denmark, abolition of slave-trade, 133, 247. + +Dent (of Md.), Congressman, 87. + +Dickinson, John, in the Federal Convention, 59, 60, 63. + +Dickson (of N.C.), Congressman, 87. + +Disallowance of Colonial acts, 11, 12, 18-19, 21, 27, 29, 32, 42. + +Dobbs, Governor of N.C., 12. + +Dolben, Sir William, M.P., 134. + +Douglas, Stephen A., 181. + +Dowdell (of Ala.), Congressman, 175. + +Drake, Capt., slave-smuggler, 114, 166. + +Driscoll, Capt., slave-trader, 184. + +Duke of York's Laws, 26, 200. + +Dunmore, Lord, 226. + +Dutch. See Holland. + +Dutch West India Company, 25. + +Duty, on African goods, 10; + on slaves imported, 10, 11, 12, 16-22, 26-32, 38, 40-42, 59, 62-66, + 67, 68, 77-84, 89, 90, 95, 96, 196, 199-206, 208-27, 229, 232, 239, + 247, 250. + +Dwight, Theodore, of Conn., 105 n. + + +EARLY, Peter (of Ga.), 99 n., 100, 102, 104-08, 111. + +East Indies, 50. + +Economic revolution, 152-54. + +Edwards (of N.C.), Congressman, 122 n. + +Ellsworth, Oliver (of Conn.), in Federal Convention, 58, 59, 61. + +Elmer, Congressman, 106 n. + +Ely, Congressman, 103 n., 105 n. + +Emancipation of slaves, 31, 39, 42, 44, 68, 70, 76, 79-84, 192, 196, + 226-29. + +"Encomium," case of, 143, 309. + +England, slave-trade policy, 9-14, 25, 30, 42, 46-50, 53, 54, 97, 134-51, + 153, 191, 206, 207, 208, 252, 254, 256, 259, 265-69, 275, 276, 281, + 285, 297, 301, 302, 303, 305. + See Disallowance. + +English Colonies. See Colonies. + +"Enterprise," case of, 143, 309. + +Escambia River, 114. + + +FAIRFAX County, Virginia, 49. + +Faneuil Hall, meeting in, 48. + +Federalist, the, on slave-trade, 69. + +Fernandina, port of, 116. + +Filibustering expeditions, 177. + +Findley, Congressman, 103 n. + +Fisk, Congressman, 100 n. + +Florida, 52, 102, 114, 116, 120, 166, 170, 180, 181. + See St. Mary's River and Amelia Island. + +Foote, H.S. (of Miss.), 172. + +Forsyth, John, Secretary of State, 144, 146, 156 n., 176. + +Foster (of N.H.), Congressman, 81. + +Fowler, W.C., 112-13. + +Fox, C.J., English Cabinet Minister, 135 n. + +France, Revolution in, 133; + Colonial slave-trade of, 46, 92, 133, 254; + Convention of, 86, 133; + at Congress of Vienna, 135; + at Congress of Verona, 139; + treaties with England, 143, 150, 275, 276; + flag of, in slave-trade, 144; + refuses to sign Quintuple Treaty, 147; + invited to conference, 150. + +Franklin, Benjamin, 80. + +Friends, protest of, vs. slave-trade, 28-29; + attitude towards slave-trade, 30-31, 33, 43, 68-69, 77, 204; + petitions of, vs. slave-trade, 56, 57, 77, 84; + reports of, on slave-trade, 167. + + +GAILLARD, Congressman, 108. + +Gallatin, Albert, 91-92. + +Gallinas, port of, Africa, 128. + +Galveston, Tex., 115. + +Garnett (of Va.), Congressman, 109 n. + +"General Ramirez." See "Antelope." + +Georgia, slavery in, 13, 14; + restrictions in, 15, 16, 75, 176-77; + opposition to "Association," 51, 52; + demands slave-trade, 16, 55, 60-67; + attitude toward restrictions, 80, 81, 84, 132; + smuggling to, 89, 95, 102, 114, 116, 117, 180, 181; + Colonial and State statutes, 112, 215, 241, 244, 245, 257, 259, 276-77. + +Germanic Federation, 150. + +Gerry, Elbridge, in the Federal Convention, 59, 60; + in Congress, 80, 81. + +Ghent, Treaty of, 136, 254. + +Giddings, J.R., 183 n., 284, 287. + +Giles, W.B. (of Va.), Congressman, 108. + +Gordon, Capt., slave-trader, 190 n. + +Good Hope, Cape of, 151, 160, 191. + +Gorham, N. (of Mass.), in Federal Convention, 58, 65. + +Goulden, W.B., 169. + +Graham, Secretary of the Navy, 185. + +Great Britain. See England. + +Gregory XVI., Pope, 145. + +Grenville-Fox ministry, 134. + +Guadaloupe, 88. + +Guinea. See Africa. + +Guizot, F., French Foreign Minister, 147. + + +HABERSHAM, R.W., 130 n. + +Hamilton, Alexander, 58. + +Hanse Towns, 142. + +Harmony and Co., slave-traders, 165. + +Harper (of S.C.), Congressman, 92. + +Hartley, David, 80, 81. + +Hastings, Congressman, 105 n. + +Havana, Cuba, 119, 120, 145, 162, 165. + +Hawkins, Sir John, 9. + +Hayti, 144 n.; + influence of the revolution, 74-77, 84-88, 96-97. + See San Domingo. + +Heath, General, of Mass., 71. + +Henderick, Garrett, 28. + +Hill (of N.C.), Congressman, 85. + +Holland, participation of, in slave-trade, 24, 25, 47; + slaves in Colonies, 133; + abolishes slave-trade, 136; + treaty with England, 137, 259; + West India Company, 25. + +Holland, Congressman, 99 n., 103, 106 n. + +Hopkins, John, slave-trader, 131 n. + +Hopkins, Samuel, 41. + +Horn, Cape, 160, 162. + +Huger (of S.C.), Congressman, 87, 91 n. + +Hunter, Andrew, 169 n. + +Hunter, Governor of N.J., 32. + +Hutchinson, Wm., Governor of Mass., 38. + + +IMPORT duties on slaves. See Duty. + +Indians, 29. + +Instructions to Governors, 12, 18-19, 27, 30, 33, 36; + to naval officers, 119, 161, 185. + See Disallowance. + +Insurrections. See Slaves. + +Iredell, James (of N.C.), 67, 71. + +Ireland, 48. + + +JACKSON, Andrew, pardons slave-traders, 131 n. + +Jackson, J. (of Ga.), 78, 80, 81. + +Jacksonville, Fla., 181. + +Jamaica, 12. + +Jay, William, 134-35. + +Jefferson, Thomas, drafts Declaration of Independence, 53, 54; + as President, messages on slave-trade, 92, 97-98, 251; + signs Act of 1807, 110; + pardons slave-traders, 131 n. + +Jefferson, Capt, slave-trader, 184. + +Johnson (of Conn.), 50, 63. + +Johnson (of La.), 141. + +Joint-cruising. See Cruising Conventions. + + +KANE, Commissioner, 162. + +Keitt, L.M. (of S.C.), Congressman, 175. + +Kelly, Congressman, 108. + +Kenan, Congressman, 108. + +Kendall, Amos, 126 n. + +Kennedy, Secretary of the Navy, 185. + +Kentucky, 108 n., 170 n., 172 n. + +Key West, 185. + +Kilgore, resolutions in Congress, 175, 293. + +King, Rufus, in Federal Convention, 59, 63, 65. + +Knoxville, Tenn., 170. + + +LA COSTE, Capt., slave-trader, 131. + +Lafitte, E., and Co., 177. + +Langdon, John, 59, 60, 63, 65. + +Lawrence (of N.Y.), 80, 81. + +Laws. See Statutes. + +Lee, Arthur, 48 n. + +Lee, R.H., 48 n., 49. + +Legislation. See Statutes. + +Le Roy, L., slave-trader, 131 n. + +Liberia, 124, 158. + See African Agency. + +Lincoln, Abraham, 111, 126, 151, 190, 300-01. + +Liverpool, Eng., 53, 145. + +Livingstone (of N.Y.), in Federal Convention, 63. + +Lloyd, Congressman, 102 n., 106 n. + +London, Eng., 135, 137, 137 n., 147, 150, 154 n. + +"Louisa," slaver, 120, 121. + +Louisiana, sale of, 74, 97; + slave-trade to, 75, 91-94; + influence on S.C. repeal of 1803, 89; + status of slave-trade to, 91-94, 171; + State statutes, 177, 291. + +Low, I. (of N.Y.), 50. + +Lowndes, R. (of S.C.), 72, 89 n., 90. + + +MCCARTHY, Governor of Sierra Leone, 115. + +McGregor Raid, the, 116. + +McIntosh, Collector of Revenue, 117 n. + +McKeever, Lieut., U.S.N., 120, 121. + +Macon, N., 100, 102 n., 109. + +Madeira, 185. + +Madison, James, in the Federal Convention, 59, 63, 64; + in Congress, 78-81; + as President, 113, 115, 137 n., 254, 255-56. + +Madrid, Treaty of, 257. + +Maine, 166. + +Manchester, Eng., 47. + +Mansfield, Capt., slave-trader, 184. + +"Marino," slaver, 120, 121. + +Martin, Luther (of Md.), in the Federal Convention, 59, 61, 63, 65. + +Maryland, slavery in, 14; + restrictions in, 22, 23, 57, 76; + attitude toward slave-trade, 65, 74, 83, 94; + Colonial and State statutes, 201, 202, 209, 210, 219-20, 221, 223, 226, + 229, 243, 251. + +Mason, George, 59, 61, 65-67, 71. + +Mason, J.M., 177. + +Massachusetts, in slave-trade, 34-36; + restrictions in, 37-39, 77; + attitude toward slave-trade, 71, 77, 83, 94; + Colonial and State legislation, 199, 201, 203, 214, 223, 224, 228, 234, + 248, 249, 261. + +Masters, Congressman, 99 n. + +Mathew, Capt., slave-trader, 184. + +Mathew, Governor of the Bahama Islands, 167. + +Matthews (of S.C.), 56. + +Meigs, Congressman, 132 n., 262. + +Memphis, Tenn., 181. + +Mercer, John (of Va.), 139 n., 142, 156 n. + +Messages, Presidential, 97-98, 113, 115, 141, 148, 157, 163, 251, 254, + 255-60, 262, 264, 269, 271, 279, 280-81, 285, 291, 292, 294-95, 298, + 300-01. + +Mesurado, Cape, 126, 158. + +Mexico, treaty with England, 144 n.; + conquest of, 155, 161, 177. + +Mexico, Gulf of, 118, 159, 160, 166 n. + +Mickle, Calvin, 121. + +Middle Colonies, 24, 33, 57, 66. + +Middleton (of S.C.), Congressman, 126. + +Middletown, Conn., 43. + +Mifflin, W. (of Penn.), in Continental Congress, 50. + +Miles (of S.C.), Congressman, 175. + +Mississippi, slavery in, 91; + illicit trade to, 102; + legislation, 112, 254, 263, 283, 284. + +Missouri, 123. + +Missouri Compromise, 124. + +Mitchell, Gen. D.B., 118. + +Mitchell, S.L. (of N.Y.), Congressman, 89 n. + +Mixed courts for slave-traders, 137, 139, 151, 191. + +Mobile, Ala., illicit trade to, 118, 119, 161, 181. + +Monroe, James, as President, messages on slave-trade, 117, 141, 257, 258, + 259-60, 262-63, 265, 269; + establishment of African Agency, 126, 158; + pardons, 131 n. + +Morbon, Wm., slave-trader, 131 n. + +Morris, Gouverneur, in Federal Convention, 59, 63, 64, 65. + +Morris, Governor of N.J., 33. + +Moseley, Congressman, 106. + + +NANSEMOND County, Va., 49. + +Naples (Two Sicilies), 142. + +Napoleon I., 74, 134, 136, 254. + +Navigation Ordinance, 25. + +Navy, United States, 111, 115, 118-20, 123, 124, 128, 159-61, 163, 184-86, + 191, 259, 286, 295, 301; + reports of Secretary of, 185, 186, 318-31. + +Neal, Rev. Mr., in Mass. Convention, 71. + +Negroes, character of, 13-14. + See Slaves. + +Negro plots, 18, 30, 204. + +Nelson, Hugh (of Va.), 122 n., 123 n. + +Nelson, Attorney-General, 162. + +Netherlands. See Holland. + +New England, slavery in, 14, 34, 44; + slave-trade by, 34-36, 43, 57; + Colonial statutes, see under individual Colonies. + +New Hampshire, restrictions in, 36, 37; + attitude toward slave-trade, 34, 72, 94; + State legislation, 250. + +New Jersey, slavery in, 14; + restrictions in, 32, 33, 76; + attitude toward slavery, 64, 74, 178; + Colonial and State statutes, 200, 205, 221, 222, 225, 230, 244. + +New Mexico, 176. + +New Netherland, 24, 199, 200. + +New Orleans, illicit traffic to, 92, 115, 131 n., 161, 166, 171, 179. + +Newport, R.I., 35, 41. + +New York, slavery in, 14; + restrictions in, 25-27; + Abolition societies in, 74, 83; + Colonial and State statutes, 203-04, 210, 213, 214, 218, 229-30, 234, + 239, 245-46. + +New York City, illicit traffic at, 162, 166, 178-81, 190, 191. + +Nichols (of Va.), Congressman, 87. + +Norfolk, Va., 162. + +North Carolina, restrictions in, 19, 57, 76; + "Association" in, 48, 55; + reception of Constitution, 65, 71; + cession of back-lands, 91; + Colonial and State statutes, 112, 232, 241, 242, 255. + +Northwest Territory, 91. + +Nourse, Joseph, Registrar of the Treasury, 120 n. + +Nova Scotia, 52. + +Nunez River, Africa, 129. + + +OGLETHORPE, General James, 15. + +Olin (of Vt.), Congressman, 105 n. + +Ordinance of 1787, 91. + +"Ostend Manifesto," 177. + + +PAGE, John (of Va.), 81. + +Palmerston, Lord, 146. + +Panama Congress, 142 n. + +Pardons granted to slave-traders, 131 n. + +Paris, France, Treaty of, 134, 135, 137 n. + +Parker, R.E. (of Va.), 77-78, 81. + +Parliament, slave-trade in, 10, 134. + +Pastorius, F.D., 28. + +Paterson's propositions, 58. + +Peace negotiations of 1783, 134. + +Pemberton, Thomas, 34. + +Pennsylvania, slavery in, 14; + restrictions in, 28-31, 76; + attitude towards slave-trade, 56, 67, 70, 80, 83; + in Constitutional Convention, 64; + Colonial and State statutes, 201-05, 209, 211, 213-14, 220, 221, 222, + 223, 227, 235-36. + +Pennsylvania Society for the Abolition of Slavery, 74, 80. + +Perdido River, 119. + +Perry, Commander, U.S.N., 162. + +Perry, Jesse, slave-trader, 131 n. + +Perry, Robert, slave-trader, 131 n. + +"Perry," U.S.S., 162, 165. + +Petitions, of Abolition societies, 56, 79-81, 83, 84; + of free Negroes, 85, 86. + +Pettigrew (of S.C.), 176. + +Philadelphia, 162, 166. + +Pinckney, Charles (of S.C.), in Federal Convention, 58-60, 65. + +Pinckney, C.C. (of S.C.), in Federal Convention, 59-63, 64. + +Pindall, Congressman, 122 n., 123 n. + +Piracy, slave-trade made, 124-25, 140, 141, 146, 149, 155 n. + +Pitkin, T. (of Conn.), 99 n., 104 n. + +Pitt, William, 134. + +Plumer, Wm. (of N.H.), 127. + +Pollard, Edward, 176. + +Pongas River, Africa, 129. + +Portugal, treaties with England, 135, 137, 145 n., 150, 256; + slaves in colonies, 46, 133; + abolition of slave-trade by, 136, 144 n.; + use of flag of, 144. + +Presidents. See under individual names. + +Price of slaves, 163. + +Prince George County, Va., 49. + +Privy Council, report to, 134. + +Proffit, U.S. Minister to Brazil, 164. + +Prohibition of slave-trade by Ga., 15, 75; + S.C., 17, 89; + N.C., 19; + Va., 20; + Md., 22; + N.Y., 26; + Vermont, 28; + Penn., 28, 29; + Del., 31; + N.J., 32; + N.H., 36; + Mass., 37; + R.I., 40; + Conn., 43; + United States, 110; + England, 135; + Confederate States, 188. + See also Appendices. + +Providence, R.I., 42. + +Prussia at European Congresses, 135-36, 139, 147, 281. + +Pryor, R.A. (of Va.), 171. + + +QUAKERS. See Friends. + +Quarantine of slaves, 16. + +Quebec, 52. + +Quincy, Josiah, Congressman, 100 n., 102 n. + +Quintuple Treaty, 145, 147, 281. + + +RABUN, Wm., Governor of Ga., 127. + +Ramsey, David (of S.C.), 69. + +Randolph, Edmund, in the Federal Convention, 58, 59, 63. + +Randolph, John, Congressman, 106-07. + +Randolph, Thomas M., Congressman, 108. + +Registration of slaves, 16, 132 n., 258, 260. + +Revenue from slave-trade, 87, 90, 95, 111, 112. + See Duty Acts. + +Rhode Island, slave-trade in, 34, 35, 85; + restrictions in, 40-43; + "Association" in, 48; + reception of Constitution by, 72; + abolition societies in, 42, 74, 83; + Colonial and State legislation, 200, 203, 213, 214, 222, 223, 224-25, + 227-30, 233. + +Rice Crop, 17, 20. + +Right of Search, 137-42, 145 n., 148-51, 156, 183, 185, 191, 256, 295. + +Rio Grande river, 176. + +Rio Janeiro, Brazil, 145, 160, 162. + +Rolfe, John, 25. + +Royal Adventurers, Company of, 10. + +Royal African Company, 10-11. + +Rum, traffic in, 35, 36, 50. + +Rush, Richard, Minister to England, 138. + +Russell, Lord John, 150, 297, 303. + +Russia in European Congresses, 135, 139, 147; +signs Quintuple Treaty, 147, 281. + +Rutledge, Edward, in Federal Convention, 58-61, 65. + +Rutledge, John, Congressman, 84-87. + + +ST. AUGUSTINE, 114. + +St. Johns, Island of, 52. + +St. Johns Parish, Ga., 52. + +St. Mary's River, Fla., 113-14, 116, 117. + +"Sanderson," slaver, 35 n. + +Sandiford, 29. + +San Domingo, trade with, stopped, 50, 96; + insurrection in, 74, 84, 86, 96; + deputies from, 133. + +Sardinia, 142. + +Savannah, Ga., 16, 51, 169. + +Search. See Right of Search. + +Sewall, Wm., slave-trader, 131 n. + +Seward, Wm. H., Secretary, 151, 289, 293. + +Seward (of Ga.), Congressman, 175. + +Sharpe, Granville, 134. + +Sherbro Islands, Africa, 158. + +Sherman, Roger, in the Federal Convention, 59, 60, 62, 65; + in Congress, 78. + +Shields, Thomas, slave-trader, 131 n. + +Sierra Leone, 129, 151, 191. + +Sinnickson (of N.J.), Congressman, 81. + +Slave Power, the, 153, 198. + +Slavers: + "Alexander," 129 n.; + "Amedie," 138 n.; + "L'Amistad," 143; + "Antelope" ("Ramirez"), 132; + "Comet," 143 n.; + "Constitution," 120, 121; + "Creole," 143; + "Daphne," 129 n.; + "Dorset," 115; + "Eliza," 129 n.; + "Emily," 185; + "Encomium," 143 n.; + "Endymion," 129 n.; + "Esperanza," 129 n.; + "Eugene," 115, 129 n.; + "Fame," 162; + "Fortuna," 138 n.; + "Illinois," 149; + "Le Louis," 138 n.; + "Louisa," 120; + "Marino," 120; + "Martha," 165; + "Mary," 131 n.; + "Mathilde," 129 n.; + "Paz," 115; + "La Pensee," 129 n.; + "Plattsburg," 128 n., 129 n.; + "Prova," 165; + "Ramirez" ("Antelope"), 129 n., 130; + "Rebecca," 115; + "Rosa," 115; + "Sanderson," 35 n.; + "San Juan Nepomuceno," 138 n.; + "Saucy Jack," 115; + "Science," 129 n.; + "Wanderer," 180, 184, 186; + "Wildfire," 190 n.; + see also Appendix C. + +Slavery. See Table of Contents. + +Slaves, number imported, 11, 13, 23 n., 27 n., 31 n., 33 n., 36 n., + 39 n., 40 n., 43 n., 44 n., 89, 94, 181; + insurrections of, 13, 18, 30, 204; + punishments of, 13; + captured on high seas, 39, 56, 186; + illegal traffic in, 88, 95, 112-21, 126-32, 165, 166, 179; + abducted, 144. + +Slave-trade, see Table of Contents; + internal, 9, 155; + coastwise, 98, 106-09, 156, 161, 183, 191, 302. + +Slave-traders, 10, 11, 25, 34, 35, 37, 41, 93, 113, 119, 126-29, 146, + 161, 176, 178, 180, 184; + prosecution and conviction of, 119, 120, 121, 126, 127, 130, 161, 162, + 183, 190, 191; + Pardon of, 131; + punishment of, 37, 104, 122, 127, 132, 190, 191, 199, 261, 264, 268, + 274, 296. + For ships, see under Slavers, and Appendix C. + +Slidell, John, 182. + +Sloan (of N.J.), Congressman, 99 n., 100, 105 n., 111, 251, 252. + +Smilie, John (of Pa.), Congressman, 99 n., 105 n., 104 n. + +Smith, Caleb B., 190. + +Smith, J.F., slave-trader, 131 n. + +Smith (of S.C.), Senator, 78-81, 93. + +Smith, Capt., slave-trader, 37. + +Smuggling of slaves, 76, 108, 109, 114, 116, 117, 127, 128, 129, 130, + 166, 179-82. + +Sneed (of Tenn.), Congressman, 170. + +Soule, Pierre, 177. + +South Carolina, slavery in, 13, 14, 17, 18, 93; + restrictions in, 16-19, 75; + attitude toward slave-trade, 49, 52, 55, 57, 81, 84; + in the Federal Convention, 59-67, 70, 72; + illicit traffic to, 89; + repeal of prohibition, 89, 90, 92, 95; + movement to reopen slave-trade, 169, 171, 172 n., 173; + Colonial and State statutes, 201, 208-13, 215, 218, 220, 222, 229, 232, + 237-38, 241-43, 245-47, 289-91. + +Southeby, Wm., 29. + +Southern Colonies, 15, 23. + See under individual Colonies. + +Spaight, in Federal Convention, 65. + +Spain, signs Assiento, 11; + colonial slave-trade of, 10; + colonial slavery, 133; + war with Dutch, 25; + abolishes slave-trade, 136, 137, 145 n.; + L'Amistad case with, 143; + flag of, in slave-trade, 113, 114, 115, 144, 150, 159; + treaties, 206, 208, 257. + +Spottswood, Governor of Virginia, 20. + +Spratt, L.W. (of S.C.), 171, 172, 190 n. + +Stanton (of R.I.), Congressman, 89 n., 106. + +States. See under individual States. + +Statutes, Colonial, see under names of individual Colonies; + State, 56-57, 75-77; + see under names of individual States, and Appendices A and B; + United States, Act of 1794, 83, 242; + Act of 1800, 85, 245; + Act of 1803, 87, 246; + Act of 1807, 97, 253; + Act of 1818, 121, 258; + Act of 1819, 123, 259; + Act of 1820, 124, 261; + Act of 1860, 187, 297; + Act of 1862, 191, 302; + see also Appendix B, 247, 248, 254, 264, 272, 273, 276, 277, 285, + 286, 289, 291, 294, 300, 303, 304. + +Stephens, Alexander, 175. + +Stevenson, A., Minister to England, 146-47. + +Stone (of Md.), Congressman, 79, 81, 108. + +Stono, S.C., insurrection at, 18. + +Sumner, Charles, 192 n., 305. + +Sweden, 135, 142, 269; + Delaware Colony, 31; + slaves in Colonies, 133. + +Sylvester (of N.Y.), Congressman, 81. + + +TAYLOR, Zachary, 286. + +Texas, 116, 144 n., 150, 155, 156, 165, 176, 180, 273, 277-78. + +Treaties, 11, 135-37, 141, 142, 145, 147-50, 151, 159, 206, 207, 228, + 252, 254, 256, 259, 265, 269, 275, 276, 281, 285, 288, 292, 301-05. + +Trist, N., 160 n., 164, 165 n. + +Tyler, John, 148, 285, 286. + + +UNDERWOOD, John C., 181. + +United States, 55, 74, 77, 84, 87, 88, 89, 90, 92, 97, 98, 102, 103, 110, + 114, 117, 119, 120, 122, 126, 127, 128, 129, 133, 138, 136-51, 153, + 156, 157, 158, 162-67, 168, 178, 179, 185, 188, 190, 242, 245-48, 264, + 272-76, 277, 285, 286, 289, 291, 294, 297, 300-04. + See also Table of Contents. + +Up de Graeff, Derick, 28. + +Up den Graef, Abraham, 28. + +Uruguay, 144 n. + +Utrecht, Treaty of, 207. + + +VAN BUREN, Martin, 79-80. + +Van Rensselaer, Congressman, 108. + +Varnum, J., Congressman, 105 n. + +Venezuela, 144 n. + +Vermont, 28, 57, 94, 226, 228, 232, 249. + +Verona, Congress of, 139. + +Vicksburg, Miss., 172, 181. + +Vienna, Congress of, 135. + +Virginia, first slaves imported, 28, 306; + slavery in, 14; + restrictions in, 19-22, 76; + frame of government of, 21; + "Association" in, 48, 52, 57; + in the Federal Convention, 61, 62, 64, 71; + abolition sentiment in, 74, 78, 83; + attitude on reopening the slave-trade, 171, 173 n.; + Colonial and State statutes, 201-04, 213-15, 219-20, 222, 226, 227, + 240, 249. + + +WALLACE, L.R., slave-trader, 131 n. + +Waln (of Penn.), Congressman, 85. + +"Wanderer," case of the slaver, 180, 184. + +Washington, Treaty of (1842), 148-50, 170, 172, 182, 185, 285, 286, + 288, 292. + +Watt, James, 152 n. + +Webster, Daniel, 147, 281. + +Webster, Noah, 68. + +Wentworth, Governor of N.H., 36. + +West Indies, slave-trade to and from, 10, 13, 17, 25, 35, 37, 41, 42, + 46, 48, 50, 55, 114, 117, 141, 151, 275; + slavery in, 13, 168, 193; + restrictions on importation of slaves from, 26, 75, 76, 87; + revolution in, 74-77, 84-88, 96-97; + mixed court in, 151 n., 191. + +Western territory, 81, 261. + +Whitney, Eli, 153. + +Whydah, Africa, 149. + +Wilberforce, Wm., 134. + +Wilde, R.H., 132. + +"Wildfire," slaver, 190 n., 315. + +"William," case of the slaver, 315. + +Williams, D.R. (of N.C.), Congressman, 102 n., 109 n., 111. + +Williamsburg district, S.C., 169. + +Williamson (of S.C.), in Federal Convention, 59, 63, 65. + +Wilmington, N.C., 88. + +Wilson, James, in Federal Convention, 56, 58, 62, 70. + +Wilson (of Mass.), Congressman, 295, 296, 298. + +Winn, African agent, 158. + +Winston, Zenas, slave-trader, 131 n. + +Wirt, William, 118, 126 n., 130. + +Woolman, John, 29. + +Wright (of Va.), 126. + + +YANCEY, W.L., 171. + + + TRANSCRIBER'S NOTES + +1. Text surrounded by underscores (_) was italicised in the original. +2. Text surrounded by tildes (~) was bolded in the original. +3. Footnotes have been collected at the end of each chapter. Footnote + numbering restarts with each new chapter. In the original, footnotes + were collected at the bottom of each page and numbering restarted for + each page. +4. Letters preceded by ^ and surrounded by {} indicates letters + superscripted in the original. + + + + + +End of the Project Gutenberg EBook of The Suppression of the African Slave +Trade to the United States of America, by W. E. B. Du Bois + +*** END OF THIS PROJECT GUTENBERG EBOOK SLAVE TRADE *** + +***** This file should be named 17700.txt or 17700.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/7/0/17700/ + +Produced by Suzanne Shell, Victoria Woosley and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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