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diff --git a/17700.txt b/17700.txt new file mode 100644 index 0000000..69ee562 --- /dev/null +++ b/17700.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: 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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