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 wch ye law of god established in Jsraell concerning such p/sons doeth morally require. This exempts none from servitude who shall be Judged there to by Authoritie."
"Capitall Laws": 10. "If any man stealeth aman or mankinde, he shall surely be put to death" (marginal reference, Exodus xxi. 16). Re-enacted in the codes of 1649, 1660, and 1672. Whitmore, Reprint of Colonial Laws of 1660, etc. (1889), pp. 52, 54, 71–117.
1642, April 3. New Netherland: Ten per cent Duty.
"Ordinance of the Director and Council of New Netherland, imposing certain Import and Export Duties." O'Callaghan, Laws of New Netherland (1868), p. 31.
1642, Dec. 1. Connecticut: Man-Stealing made a Capital Offence.
"Capitall Lawes," No. 10. Re-enacted in Ludlow's code, 1650. Colonial Records, I. 77.
1646, Nov. 4. Massachusetts: Declaration against Man-Stealing.
Testimony of the General Court. For text, see above, page 37. Colonial Records, II. 168; III. 84.
1652, April 4. New Netherland: Duty of 15 Guilders.
"Conditions and Regulations" of Trade to Africa. O'Callaghan, Laws of New Netherland, pp. 81, 127.
1652, May 18–20. Rhode Island: Perpetual Slavery Prohibited.
For text, see above, page 40. Colonial Records, I. 243.
1655, Aug. 6. New Netherland: Ten per cent Export Duty.
"Ordinance of the Director General and Council of New Netherland, imposing a Duty on exported Negroes." O'Callaghan, Laws of New Netherland, p. 191.
1664, March 12. Duke of York's Patent: Slavery Regulated.
"Lawes establisht by the Authority of his Majesties Letters patents, granted to his Royall Highnes James Duke of Yorke and Albany; Bearing Date the 12th Day of March in the Sixteenth year of the Raigne of our Soveraigne Lord Kinge Charles the Second." First published at Long Island in 1664.
"Bond slavery": "No Christian shall be kept in Bond-slavery villenage or Captivity, Except Such who shall be Judged thereunto by Authority, or such as willingly have sould, or shall sell themselves," etc. Apprenticeship allowed. Charter to William Penn, and Laws of the Province of Pennsylvania (1879), pp. 3, 12.
1672, October. Connecticut: Law against Man-Stealing.
"The General Laws and Liberties of Conecticut
"Capital Laws": 10. "If any Man stealeth a Man or Man kinde, and selleth him, or if he be found in his hand, he shall be put to death. Exod. 21. 16." Laws of Connecticut, 1672 (repr. 1865), p. 9.
1676, March 3. West New Jersey: Slavery Prohibited (?).
"The Concessions and Agreements of the Proprietors, Freeholders and Inhabitants of the Province of West New-Jersey, in America."
Chap. XXIII. "That in all publick Courts of Justice for Tryals of Causes, Civil or Criminal, any Person or Persons, Inhabitants of the said Province, may freely come into, and attend the said Courts, ... that all and every Person and Persons Inhabiting the said Province, shall, as far as in us lies, be free from Oppression and Slavery." Leaming and Spicer, Grants, Concessions, etc., pp. 382, 398.
1688, Feb. 18. Pennsylvania: First Protest of Friends against Slave-Trade.
"At Monthly Meeting of Germantown Friends." For text, see above, pages 28–29. Fac-simile Copy (1880).
1695, May. Maryland: 10s. Duty Act.
"An Act for the laying an Imposition upon Negroes, Slaves, and White Persons imported into this Province." Re-enacted in 1696, and included in Acts of 1699 and 1704. Bacon, Laws, 1695, ch. ix.; 1696, ch. vii.; 1699, ch. xxiii.; 1704, ch. ix.
1696. Pennsylvania: Protest of Friends.
"That Friends be careful not to encourage the bringing in of any more negroes." Bettle, Notices of Negro Slavery, in Penn. Hist. Soc. Mem. (1864), I. 383.
1698, Oct. 8. South Carolina: White Servants Encouraged.
"An Act for the Encouragement of the Importation of White Servants."
"Whereas, the great number of negroes which of late have been imported into this Collony may endanger the safety thereof if speedy care be not taken and encouragement given for the importation of white servants."
§ 1. £13 are to be given to any ship master for every male white servant (Irish excepted), between sixteen and forty years, whom he shall bring into Ashley river; and £12 for boys between twelve and sixteen years. Every servant must have at least four years to serve, and every boy seven years.
§ 3. Planters are to take servants in proportion of one to every six male Negroes above sixteen years.
§ 5. Servants are to be distributed by lot.
§ 8. This act to continue three years. Cooper, Statutes, II. 153.
1699, April. Virginia: 20s. Duty Act.
"An act for laying an imposition upon servants and slaves imported into this country, towards building the Capitoll." For three years; continued in August, 1701, and April, 1704. Hening, Statutes, III. 193, 212, 225.
1703, May 6. South Carolina: Duty Act.
"An Act for the laying an Imposition on Furrs, Skinns, Liquors and other Goods and Merchandize, Imported into and Exported out of this part of this Province, for the raising of a Fund of Money towards defraying the publick charges and expenses of this Province, and paying the debts due for the Expedition against St. Augustine." 10s. on Africans and 20s. on others. Cooper, Statutes, II. 201.
1704, October. Maryland: 20s. Duty Act.
"An Act imposing Three Pence per Gallon on Rum and Wine, Brandy and Spirits; and Twenty Shillings per Poll for Negroes; for raising a Supply to defray the Public Charge of this Province; and Twenty Shillings per Poll on Irish Servants, to prevent the importing too great a Number of Irish Papists into this Province." Revived in 1708 and 1712. Bacon, Laws, 1704, ch. xxxiii.; 1708, ch. xvi.; 1712, ch. xxii.
1705, Jan. 12. Pennsylvania: 10s. Duty Act.
"An Act for Raising a Supply of Two pence half penny per Pound & ten shillings per Head. Also for Granting an Impost & laying on Sundry Liquors & negroes Imported into this Province for the Support of Governmt., & defraying the necessary Publick Charges in the Administration thereof." Colonial Records (1852), II. 232, No. 50.
1705, October. Virginia: 6d. Tax on Imported Slaves.
"An act for raising a publick revenue for the better support of the Government," etc. Similar tax by Act of October, 1710. Hening, Statutes, III. 344, 490.
1705, October. Virginia: 20s. Duty Act.
"An act for laying an Imposition upon Liquors and Slaves." For two years; re-enacted in October, 1710, for three years, and in October, 1712. Ibid., III. 229, 482; IV. 30.
1705, Dec. 5. Massachusetts: £4 Duty Act.
"An act for the Better Preventing of a Spurious and Mixt Issue," etc.
§ 6. On and after May 1, 1706, every master importing Negroes shall enter his number, name, and sex in the impost office, and insert them in the bill of lading; he shall pay to the commissioner and receiver of the impost £4 per head for every such Negro. Both master and ship are to be security for the payment of the same.
§ 7. If the master neglect to enter the slaves, he shall forfeit £8 for each Negro, one-half to go to the informer and one-half to the government.
§ 8. If any Negro imported shall, within twelve months, be exported and sold in any other plantation, and a receipt from the collector there be shown, a drawback of the whole duty will be allowed. Like drawback will be allowed a purchaser, if any Negro sold die within six weeks after importation. Mass. Province Laws, 1705–6, ch. 10.
1708, February. Rhode Island: £3 Duty Act.
No title or text found. Slightly amended by Act of April, 1708; strengthened by Acts of February, 1712, and July 5, 1715; proceeds disposed of by Acts of July, 1715, October, 1717, and June, 1729. Colonial Records, IV. 34, 131–5, 138, 143, 191–3, 225, 423–4.
1709, Sept. 24. New York: £3 Duty Act.
"An Act for Laying a Duty on the Tonnage of Vessels and Slaves." A duty of £3 was laid on slaves not imported directly from their native country. Continued by Act of Oct. 30, 1710. Acts of Assembly, 1691–1718, pp. 97, 125, 134; Laws of New York, 1691–1773, p. 83.
1710, Dec. 28. Pennsylvania: 40s. Duty Act.
"An impost Act, laying a duty on Negroes, wine, rum and other spirits, cyder and vessels." Repealed by order in Council Feb. 20, 1713. Carey and Bioren, Laws, I. 82; Bettle, Notices of Negro Slavery, in Penn. Hist. Soc. Mem. (1864), I. 415.
1710. Virginia: £5 Duty Act.
"Intended to discourage the importation" of slaves. Title and text not found. Disallowed (?). Governor Spotswood to the Lords of Trade, in Va. Hist. Soc. Coll., New Series, I. 52.
1711, July-Aug. New York: Act of 1709 Strengthened.
"An Act for the more effectual putting in Execution an Act of General Assembly, Intituled, An Act for Laying a Duty on the Tonnage of Vessels and Slaves." Acts of Assembly, 1691–1718, p. 134.
1711, December. New York: Bill to Increase Duty.
Bill for laying a further duty on slaves. Passed Assembly; lost in Council. Doc. rel. Col. Hist. New York, V. 293.
1711. Pennsylvania: Testimony of Quakers.
" ... the Yearly Meeting of Philadelphia, on a representation from the Quarterly Meeting of Chester, that the buying and encouraging the importation of negroes was still practised by some of the members of the society, again repeated and enforced the observance of the advice issued in 1696, and further directed all merchants and factors to write to their correspondents and discourage their sending any more negroes." Bettle, Notices of Negro Slavery, in Penn. Hist. Soc. Mem. (1864), I. 386.
1712, June 7. Pennsylvania: Prohibitive (?) Duty Act.
"A supplementary Act to an act, entituled, An impost act, laying a duty on Negroes, rum," etc. Disallowed by Great Britain, 1713. Carey and Bioren, Laws, I. 87, 88. Cf. Colonial Records (1852), II. 553.
1712, June 7. Pennsylvania: Prohibitive Duty Act.
"An act to prevent the Importation of Negroes and Indians into this Province."
"Whereas Divers Plots and Insurrections have frequently happened, not only in the Islands, but on the Main Land of America, by Negroes, which have been carried on so far that several of the Inhabitants have been thereby barbarously Murthered, an instance whereof we have lately had in our neighboring Colony of New York. And whereas the Importation of Indian Slaves hath given our Neighboring Indians in this Province some umbrage of Suspicion and Dis-satisfaction. For Prevention of all which for the future,
"Be it Enacted ..., That from and after the Publication of this Act, upon the Importation of any Negro or Indian, by Land or Water, into this Province, there shall be paid by the Importer, Owner or Possessor thereof, the sum of Twenty Pounds per head, for every Negro or Indian so imported or brought in (except Negroes directly brought in from the West India Islands before the first Day of the Month called August next) unto the proper Officer herein after named, or that shall be appointed according to the Directions of this Act to receive the same," etc. Disallowed by Great Britain, 1713. Laws of Pennsylvania, collected, etc. (ed. 1714), p. 165; Colonial Records (1852), II. 553; Burge, Commentaries, I. 737, note; Penn. Archives, I. 162.
1713, March 11. New Jersey: £10 Duty Act.
"An Act for laying a Duty on Negro, Indian and Mulatto Slaves, imported and brought into this Province."
"Be it Enacted ..., That every Person or Persons that shall hereafter Import or bring in, or cause to be imported or brought into this Province, any Negro Indian or Mulatto Slave or Slaves, every such Person or Persons so importing or bringing in, or causing to be imported or brought in, such Slave or Slaves, shall enter with one of the Collectors of her Majestie's Customs of this Province, every such Slave or Slaves, within Twenty Four Hours after such Slave or Slaves is so Imported, and pay the Sum of Ten Pounds Money as appointed by her Majesty's Proclamation, for each Slave so imported, or give sufficient Security that the said Sum of Ten Pounds, Money aforesaid, shall be well and truly paid within three Months after such Slave or Slaves are so imported, to the Collector or his Deputy of the District into which
such Slave or Slaves shall be imported, for the use of her Majesty, her Heirs and Successors, toward the Support of the Government of this Province." For seven years; violations incur forfeiture and sale of slaves at auction; slaves brought from elsewhere than Africa to pay £10, etc. Laws and Acts of New Jersey, 1703–1717 (ed. 1717), p. 43; N.J. Archives, 1st Series, XIII. 516, 517, 520, 522, 523, 527, 532, 541.
1713, March 26. Great Britain and Spain: The Assiento.
"The Assiento, or Contract for allowing to the Subjects of Great Britain the Liberty of importing Negroes into the Spanish America. Signed by the Catholick King at Madrid, the 26th Day of March, 1713."
Art. I. "First then to procure, by this means, a mutual and reciprocal advantage to the sovereigns and subjects of both crowns, her British majesty does offer and undertake for the persons, whom she shall name and appoint, That they shall oblige and charge themselves with the bringing into the West-Indies of America, belonging to his catholick majesty, in the space of the said 30 years, to commence on the 1st day of May, 1713, and determine on the like day, which will be in the year 1743, viz. 144000 negroes, Piezas de India, of both sexes, and of all ages, at the rate of 4800 negroes, Piezas de India, in each of the said 30 years, with this condition, That the persons who shall go to the West-Indies to take care of the concerns of the assiento, shall avoid giving any offence, for in such case they shall be prosecuted and punished in the same manner, as they would have been in Spain, if the like misdemeanors had been committed there."
Art. II. Assientists to pay a duty of 33 pieces of eight (Escudos) for each Negro, which should include all duties.
Art. III. Assientists to advance to his Catholic Majesty 200,000 pieces of eight, which should be returned
at the end of the first twenty years, etc. John Almon, Treaties of Peace, Alliance, and Commerce, between Great-Britain and other Powers (London, 1772), I. 83–107.
1713, July 13. Great Britain and Spain: Treaty of Utrecht.
"Treaty of Peace and Friendship between the most serene and most potent princess Anne, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. and the most serene and most potent Prince Philip V the Catholick King of Spain, concluded at Utrecht, the 2/13 Day of July, 1713."
Art. XII. "The Catholick King doth furthermore hereby give and grant to her Britannick majesty, and to the company of her subjects appointed for that purpose, as well the subjects of Spain, as all others, being excluded, the contract for introducing negroes into several parts of the dominions of his Catholick Majesty in America, commonly called el Pacto de el Assiento de Negros, for the space of thirty years successively, beginning from the first day of the month of May, in the year 1713, with the same conditions on which the French enjoyed it, or at any time might or ought to enjoy the same, together with a tract or tracts of Land to be allotted by the said Catholick King, and to be granted to the company aforesaid, commonly called la Compania de el Assiento, in some convenient place on the river of Plata, (no duties or revenues being payable by the said company on that account, during the time of the abovementioned contract, and no longer) and this settlement of the said society, or those tracts of land, shall be proper and sufficient for planting, and sowing, and for feeding cattle for the subsistence of those who are in the service of the said company, and of their negroes; and that the said negroes may be there kept in safety till they are sold; and moreover, that the ships belonging to the said company may come close to land, and be secure
from any danger. But it shall always be lawful for the Catholick King, to appoint an officer in the said place or settlement, who may take care that nothing be done or practised contrary to his royal interests. And all who manage the affairs of the said company there, or belong to it, shall be subject to the inspection of the aforesaid officer, as to all matters relating to the tracts of land abovementioned. But if any doubts, difficulties, or controversies, should arise between the said officer and the managers for the said company, they shall be referred to the determination of the governor of Buenos Ayres. The Catholick King has been likewise pleased to grant to the said company, several other extraordinary advantages, which are more fully and amply explained in the contract of the Assiento, which was made and concluded at Madrid, the 26th day of the month of March, of this present year 1713. Which contract, or Assiento de Negros, and all the clauses, conditions, privileges and immunities contained therein, and which are not contrary to this article, are and shall be deemed, and taken to be, part of this treaty, in the same manner as if they had been here inserted word for word." John Almon, Treaties of Peace, Alliance, and Commerce, between Great-Britain and other Powers, I. 168–80.
1714, Feb. 18. South Carolina: Duty on American Slaves.
"An Act for laying an additional duty on all Negro Slaves imported into this Province from any part of America." Title quoted in Act of 1719, §30, q.v.
1714, Dec. 18. South Carolina: Prohibitive Duty.
"An additional Act to an Act entitled 'An Act for the better Ordering and Governing Negroes and all other Slaves.'"
§9 "And whereas, the number of negroes do extremely increase in this Province, and through the afflicting providence of God, the white persons do not proportionally multiply, by reason whereof,
the safety of the said Province is greatly endangered; for the prevention of which for the future,
"Be it further enacted by the authority aforesaid, That all negro slaves from twelve years old and upwards, imported into this part of this Province from any part of Africa, shall pay such additional duties as is hereafter named, that is to say:—that every merchant or other person whatsoever, who shall, six months after the ratification of this Act, import any negro slaves as aforesaid, shall, for every such slave, pay unto the public receiver for the time being, (within thirty days after such importation,) the sum of two pounds current money of this Province." Cooper, Statutes, VII. 365.
1715, Feb. 18. South Carolina: Duty on American Negroes.
"An additional Act to an act entitled an act for raising the sum of £2000, of and from the estates real and personal of the inhabitants of this Province, ratified in open Assembly the 18th day of December, 1714; and for laying an additional duty on all Negroe slaves imported into this Province from any part of America." Title only given. Grimké, Public Laws, p. xvi, No. 362.
1715, May 28. Pennsylvania: £5 Duty Act.
"An Act for laying a Duty on Negroes imported into this province." Disallowed by Great Britain, 1719. Acts and Laws of Pennsylvania, 1715, p. 270; Colonial Records (1852), III. 75–6; Chalmers, Opinions, II. 118.
1715, June 3. Maryland: 20s. Duty Act.
"An Act laying an Imposition on Negroes ...; and also on Irish Servants, to prevent the importing too great a Number of Irish Papists into this Province." Supplemented April 23, 1735, and July 25, 1754. Compleat Collection of the Laws of Maryland (ed. 1727), p. 157; Bacon, Laws, 1715, ch. xxxvi. §8; 1735, ch. vi. §§1–3; Acts of Assembly, 1754, p. 10.
1716, June 30. South Carolina: £3 Duty Act.
"An Act for laying an Imposition on Liquors, Goods and Merchandizes, Imported into and Exported
out of this Province, for the raising of a Fund of Money towards the defraying the publick charges and expences of the Government." A duty of £3 was laid on African slaves, and £30 on American slaves. Cooper, Statutes, II. 649.
1716. New York: 5 oz. and 10 oz. plate Duty Act.
"An Act to Oblige all Vessels Trading into this Colony (except such as are therein excepted) to pay a certain Duty; and for the further Explanation and rendring more Effectual certain Clauses in an Act of General Assembly of this Colony, Intituled, An Act by which a Duty is laid on Negroes, and other Slaves, imported into this Colony." The act referred to is not to be found. Acts of Assembly, 1691–1718, p. 224.
1717, June 8. Maryland: Additional 20s. Duty Act.
"An Act for laying an Additional Duty of Twenty Shillings Current Money per Poll on all Irish Servants, ... also, the Additional Duty of Twenty Shillings Current Money per Poll on all Negroes, for raising a Fund for the Use of Publick Schools," etc. Continued by Act of 1728. Compleat Collection of the Laws of Maryland (ed. 1727), p. 191; Bacon, Laws, 1728, ch. viii.
1717, Dec. 11. South Carolina: Prohibitive Duty.
"A further additional Act to an Act entitled An Act for the better ordering and governing of Negroes and all other Slaves; and to an additional Act to an Act entitled An Act for the better ordering and governing of Negroes and all other Slaves."
§ 3. "And whereas, the great importation of negroes to this Province, in proportion to the white inhabitants of the same, whereby the future safety of this Province will be greatly endangered; for the prevention whereof,
"Be it enacted by the authority aforesaid, That all negro slaves of any age or condition whatsoever, imported or otherwise brought into this Province, from any part of the world, shall pay such
additional duties as is hereafter named, that is to say:—that every merchant or other person whatsoever, who shall, eighteen months after the ratification of this Act, import any negro slave as aforesaid, shall, for every such slave, pay unto the public receiver for the time being, at the time of each importation, over and above all the duties already charged on negroes, by any law in force in this Province, the additional sum of forty pounds current money of this Province," etc.
§ 4. This section on duties to be in force for four years after ratification, and thence to the end of the next session of the General Assembly. Cooper, Statutes, VII. 368.
1718, Feb. 22. Pennsylvania: Duty Act.
"An Act for continuing a duty on Negroes brought into this province." Carey and Bioren, Laws, I. 118.
1719, March 20. South Carolina: £10 Duty Act.
"An Act for laying an Imposition on Negroes, Liquors, and other Goods and Merchandizes, imported, and exported out of this Province, for the raising of a Fund of Money towards the defraying the Publick Charges and Expences of this Government; as also to Repeal several Duty Acts, and Clauses and Paragraphs of Acts, as is herein mentioned." This repeals former duty acts (e.g. that of 1714), and lays a duty of £10 on African slaves, and £30 on American slaves. Cooper, Statutes, III. 56.
1721, Sept. 21. South Carolina: £10 Duty Act.
"An Act for granting to His Majesty a Duty and Imposition on Negroes, Liquors, and other Goods and Merchandize, imported into and exported out of this Province." This was a continuation of the Act of 1719. Ibid., III. 159.
1722, Feb. 23. South Carolina: £10 Duty Act.
"An Act for Granting to His Majesty a Duty and Imposition on Negroes, Liquors, and other Goods and Merchandizes, for the use of the Publick of
§ 1. " ... on all negro slaves imported from Africa directly, or any other place whatsoever, Spanish negroes excepted, if above ten years of age, ten pounds; on all negroes under ten years of age, (sucking children excepted) five pounds," etc.
§ 3. "And whereas, it has proved to the detriment of some of the inhabitants of this Province, who have purchased negroes imported here from the Colonies of America, that they were either transported thence by the Courts of justice, or sent off by private persons for their ill behaviour and misdemeanours, to prevent which for the future,
"Be it enacted by the authority aforesaid, That all negroes imported in this Province from any part of America, after the ratification of this Act, above ten years of age, shall pay unto the Publick Receiver as a duty, the sum of fifty pounds, and all such negroes under the age of ten years, (sucking children excepted) the sum of five pounds of like current money, unless the owner or agent shall produce a testimonial under the hand and seal of any Notary Publick of the Colonies or plantations from whence such negroes came last, before whom it was proved upon oath, that the same are new negroes, and have not been six months on shoar in any part of America," etc.
§ 4. "And whereas, the importation of Spanish Indians, mustees, negroes, and mulattoes, may be of dangerous consequence by inticing the slaves belonging to the inhabitants of this Province to desert with them to the Spanish settlements near us,
"Be it therefore enacted That all such Spanish negroes, Indians, mustees, or mulattoes, so imported into this Province, shall pay unto the Publick Receiver, for the use of this Province, a duty of one hundred and fifty pounds, current money of this Province."
§ 19. Rebate of three-fourths of the duty allowed in case of re-exportation in six months.
§ 31. Act of 1721 repealed.
§ 36. This act to continue in force for three years, and thence to the end of the next session of the General Assembly, and no longer. Cooper, Statutes, III. 193.
1722, May 12. Pennsylvania: Duty Act.
"An Act for laying a duty on Negroes imported into this province." Carey and Bioren, Laws, I. 165.
1723, May. Virginia: Duty Act.
"An Act for laying a Duty on Liquors and Slaves." Title only; repealed by proclamation Oct. 27, 1724. Hening, Statutes, IV. 118.
1723, June 18. Rhode Island: Back Duties Collected.
Resolve appointing the attorney-general to collect back duties on Negroes. Colonial Records, IV. 330.
1726, March 5. Pennsylvania: £10 Duty Act.
"An Act for the better regulating of Negroes in this province." Carey and Bioren, Laws, I. 214; Bettle, Notices of Negro Slavery, in Penn. Hist. Soc. Mem. (1864), I. 388.
1726, March 5. Pennsylvania: Duty Act.
"An Act for laying a duty on Negroes imported into this province." Carey and Bioren, Laws, I. 213.
1727, February. Virginia: Prohibitive Duty Act (?).
"An Act for laying a Duty on Slaves imported; and for appointing a Treasurer." Title only found; the duty was probably prohibitive; it was enacted with a suspending clause, and was not assented to by the king. Hening, Statutes, IV. 182.
1728, Aug. 31. New York: £2 and £4 Duty Act.
"An Act to repeal some Parts and to continue and enforce other Parts of the Act therein mentioned, and for granting several Duties to His Majesty, for supporting His Government in the Colony of New York" from Sept. 1, 1728, to Sept. 1, 1733. Same duty continued by Act of 1732. Laws of New York, 1691–1773, pp. 148, 171; Doc. rel. Col. Hist. New York, VI. 32, 33, 34, 37, 38.
1728, Sept. 14. Massachusetts: Act of 1705 Strengthened.
"An Act more effectually to secure the Duty on the Importation of Negroes." For seven years; substantially the same law re-enacted Jan. 26, 1738, for ten years. Mass. Province Laws, 1728–9, ch. 16; 1738–9, ch. 27.
1729, May 10. Pennsylvania: 40s. Duty Act.
"An Act for laying a Duty on Negroes imported into this Province." Laws of Pennsylvania (ed. 1742), p. 354, ch. 287.
1732, May. Rhode Island: Repeal of Act of 1712.
"Whereas, there was an act made and passed by the General Assembly, at their session, held at Newport, the 27th day of February, 1711 [O.S., N.S. = 1712], entitled 'An Act for laying a duty on negro slaves that shall be imported into this colony,' and this Assembly being directed by His Majesty's instructions to repeal the same;—
"Therefore, be it enacted by the General Assembly ... that the said act ... be, and it is hereby repealed, made null and void, and of none effect for the future." If this is the act mentioned under Act of 1708, the title is wrongly cited; if not, the act is lost. Colonial Records, IV. 471.
1732, May. Virginia: Five per cent Duty Act.
"An Act for laying a Duty upon Slaves, to be paid by the Buyers." For four years; continued and slightly amended by Acts of 1734, 1736, 1738, 1742, and 1745; revived February, 1752, and continued by Acts of November, 1753, February, 1759, November, 1766, and 1769; revived (or continued?) by Act of February, 1772, until 1778. Hening, Statutes, IV. 317, 394, 469; V. 28, 160, 318; VI. 217, 353; VII. 281; VIII. 190, 336, 530.
1734, November. New York: Duty Act.
"An act to lay a duty on Negroes & a tax on the Slaves therein mentioned during the time and for the uses within mentioned." The tax was 1s. yearly per slave. Doc. rel. Col. Hist. New York, VI. 38.
1734, Nov. 28. New York: £2 and £4 (?) Duty Act.
"An Act to lay a Duty on the Goods, and a Tax on the Slaves therein mentioned, during the Time, and for the Uses mentioned in the same." Possibly there were two acts this year. Laws of New York, 1691–1773, p. 186; Doc. rel. Col. Hist. New York, VI. 27.
1735. Georgia: Prohibitive Act.
An "act for rendering the colony of Georgia more defensible by prohibiting the importation and use of black slaves or negroes into the same." W.B. Stevens, History of Georgia, I. 311; [B. Martyn], Account of the Progress of Georgia (1741), pp. 9–10; Prince Hoare, Memoirs of Granville Sharp (London, 1820), p. 157.
1740, April 5. South Carolina: £100 Prohibitive Duty Act.
"An Act for the better strengthening of this Province, by granting to His Majesty certain taxes and impositions on the purchasers of Negroes imported," etc. The duty on slaves from America was £150. Continued to 1744. Cooper, Statutes, III. 556. Cf. Abstract Evidence on Slave-Trade before Committee of House of Commons, 1790–91 (London, 1791), p. 150.
1740, May. Virginia: Additional Five per cent Duty Act.
"An Act, for laying an additional Duty upon Slaves, to be paid by the Buyer, for encouraging persons to enlist in his Majesty's service: And for preventing desertion." To continue until July 1, 1744. Hening, Statutes, V. 92.
1751, June 14. South Carolina: White Servants Encouraged.
"An Act for the better strengthening of this Province, by granting to His Majesty certain Taxes and Impositions on the purchasers of Negroes and other slaves imported, and for appropriating the same to the uses therein mentioned, and for granting to His Majesty a duty on Liquors and other Goods and Merchandize, for the uses therein mentioned, and for exempting the purchasers of Negroes and
other slaves imported from payment of the Tax, and the Liquors and other Goods and Merchandize from the duties imposed by any former Act or Acts of the General Assembly of this Province."
"Whereas, the best way to prevent the mischiefs that may be attended by the great importation of negroes into this Province, will be to establish a method by which such importation should be made a necessary means of introducing a proportionable number of white inhabitants into the same; therefore for the effectual raising and appropriating a fund sufficient for the better settling of this Province with white inhabitants, we, his Majesty's most dutiful and loyal subjects, the House of Assembly now met in General Assembly, do cheerfully give and grant unto the King's most excellent Majesty, his heirs and successors, the several taxes and impositions hereinafter mentioned, for the uses and to be raised, appropriated, paid and applied as is hereinafter directed and appointed, and not otherwise, and do humbly pray his most sacred Majesty that it may be enacted,
§ 1. "And be it enacted, by his Excellency James Glen, Esquire, Governor in chief and Captain General in and over the Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council, and the House of Assembly of the said Province, and by the authority of the same, That from and immediately after the passing of this Act, there shall be imposed on and paid by all and every the inhabitants of this Province, and other person and persons whosoever, first purchasing any negro or other slave, hereafter to be imported, a certain tax or sum of ten pounds current money for every such negro and other slave of the height of four feet two inches and upwards; and for every one under that height, and above three feet two inches, the sum of five pounds like money; and for all under three feet two inches, (sucking children excepted) two
pounds and ten shillings like money, which every such inhabitant of this Province, and other person and persons whosoever shall so purchase or buy as aforesaid, which said sums of ten pounds and five pounds and two pounds and ten shillings respectively, shall be paid by such purchaser for every such slave, at the time of his, her or their purchasing of the same, to the public treasurer of this Province for the time being, for the uses hereinafter mentioned, set down and appointed, under pain of forfeiting all and every such negroes and slaves, for which the said taxes or impositions shall not be paid, pursuant to the directions of this Act, to be sued for, recovered and applied in the manner hereinafter directed."
§ 6. "And be it further enacted by the authority aforesaid, That the said tax hereby imposed on negroes and other slaves, paid or to be paid by or on the behalf of the purchasers as aforesaid, by virtue of this Act, shall be applied and appropriated as followeth, and to no other use, or in any other manner whatever, (that is to say) that three-fifth parts (the whole into five equal parts to be divided) of the net sum arising by the said tax, for and during the term of five years from the time of passing this Act, be applied and the same is hereby applied for payment of the sum of six pounds proclamation money to every poor foreign protestant whatever from Europe, or other poor protestant (his Majesty's subject) who shall produce a certificate under the seal of any corporation, or a certificate under the hands of the minister and church-wardens of any parish, or the minister and elders of any church, meeting or congregation in Great Britain or Ireland, of the good character of such poor protestant, above the age of twelve and under the age of fifty years, and for payment of the sum of three pounds like money, to every such poor protestant under the age of twelve and above the age of two years; who shall come into
this Province within the first three years of the said term of five years, and settle on any part of the southern frontier lying between Pon Pon and Savannah rivers, or in the central parts of this Province," etc. For the last two years the bounty is £4 and £2.
§ 7. After the expiration of this term of five years, the sum is appropriated to the protestants settling anywhere in the State, and the bounty is £2 13s. 4d., and £1 6s. 8d.
§ 8. One other fifth of the tax is appropriated to survey lands, and the remaining fifth as a bounty for ship-building, and for encouraging the settlement of ship-builders.
§ 14. Rebate of three-fourths of the tax allowed in case of re-exportation of the slaves in six months.
§ 16. "And be it further enacted by the authority aforesaid, That every person or persons who after the passing this Act shall purchase any slave or slaves which shall be brought or imported into this Province, either by land or water, from any of his Majesty's plantations or colonies in America, that have been in any such colony or plantation for the space of six months; and if such slave or slaves have not been so long in such colony or plantation, the importer shall be obliged to make oath or produce a proper certificate thereof, or otherwise every such importer shall pay a further tax or imposition of fifty pounds, over and besides the tax hereby imposed for every such slave which he or they shall purchase as aforesaid." Actual settlers bringing slaves are excepted.
§ 41. This act to continue in force ten years from its passage, and thence to the end of the next session of the General Assembly, and no longer. Cooper, Statutes, III. 739.
1753, Dec. 12. New York: 5 oz. and 10 oz. plate Duty Act.
"An Act for granting to His Majesty the several Duties and Impositions, on Goods, Wares and Merchandizes imported into this Colony, therein
mentioned." Annually continued until 1767, or perhaps until 1774. Laws of New York, 1752–62, p. 21, ch. xxvii.; Doc. rel. Col. Hist. New York, VII. 907; VIII. 452.
1754, February. Virginia: Additional Five per cent Duty Act.
"An Act for the encouragement and protection of the settlers upon the waters of the Mississippi." For three years; continued in 1755 and 1763; revived in 1772, and continued until 1778. Hening, Statutes, VI. 417, 468; VII. 639; VIII. 530.
1754, July 25. Maryland: Additional 10s. Duty Act.
"An Act for his Majesty's Service." Bacon, Laws, 1754, ch. ix.
1755, May. Virginia: Additional Ten per cent Duty Act.
"An act to explain an act, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French; and for other purposes therein mentioned."
§ 10. " ... from and after the passing of this act, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all slaves imported, or brought into this colony and dominion for sale, either by land or water, from any part [port] or place whatsoever, by the buyer, or purchaser, after the rate of ten per centum, on the amount of each respective purchase, over and above the several duties already laid on slaves, imported as aforesaid, by an act or acts of Assembly, now subsisting, and also over and above the duty laid by" the Act of 1754. Repealed by Act of May, 1760, § 11, " ... inasmuch as the same prevents the importation of slaves, and thereby lessens the fund arising from the duties upon slaves." Hening, Statutes, VI. 461; VII. 363. Cf. Dinwiddie Papers, II. 86.
1756, March 22. Maryland: Additional 20s. Duty Act.
"An Act for granting a Supply of Forty Thousand Pounds, for his Majesty's Service," etc. For five
years. Bacon, Laws, 1756, ch. v.
1757, April. Virginia: Additional Ten per cent Duty Act.
"An Act for granting an aid to his majesty for the better protection of this colony, and for other purposes therein mentioned."
§ 22. " ... from and after the ninth day of July, one thousand seven hundred and fifty-eight, during the term of seven years, there shall be paid for all slaves imported into this colony, for sale, either by land or water, from any port or place whatsoever, by the buyer or purchaser thereof, after the rate of ten per centum on the amount of each respective purchase, over and above the several duties already laid upon slaves imported, as aforesaid, by any act or acts of Assembly now subsisting in this colony," etc. Repealed by Act of March, 1761, § 6, as being "found very inconvenient." Hening, Statutes, VII. 69, 383.
1759, November. Virginia: Twenty per cent Duty Act.
"An Act to oblige the persons bringing slaves into this colony from Maryland, Carolina, and the West-Indies, for their own use, to pay a duty."
§ 1. " ... from and after the passing of this act, there shall be paid ... for all slaves imported or brought into this colony and dominion from Maryland, North-Carolina, or any other place in America, by the owner or importer thereof, after the rate of twenty per centum on the amount of each respective purchase," etc. This act to continue until April 20, 1767; continued in 1766 and 1769, until 1773; altered by Act of 1772, q.v. Ibid., VII. 338; VIII. 191, 336.
1760. South Carolina: Total Prohibition.
Text not found; act disallowed by Great Britain. Cf. Burge, Commentaries, I. 737, note; W.B. Stevens, History of Georgia, I. 286.
1761, March 14. Pennsylvania: £10 Duty Act.
"An Act for laying a duty on Negroes and Mulattoe slaves, imported into this province." Continued in 1768; repealed (or disallowed) in 1780. Carey and
Bioren, Laws, I. 371, 451; Acts of Assembly (ed. 1782), p. 149; Colonial Records (1852), VIII. 576.
1761, April 22. Pennsylvania: Prohibitive Duty Act.
"A Supplement to an act, entituled An Act for laying a duty on Negroes and Mulattoe slaves, imported into this province." Continued in 1768. Carey and Bioren, Laws, I. 371, 451; Bettle, Notices of Negro Slavery, in Penn. Hist. Soc. Mem. (1864), I. 388–9.
1763, Nov. 26. Maryland: Additional £2 Duty Act.
"An Act for imposing an additional Duty of Two Pounds per Poll on all Negroes Imported into this Province."
§ 1. All persons importing Negroes by land or water into this province, shall at the time of entry pay to the naval officer the sum of two pounds, current money, over and above the duties now payable by law, for every Negro so imported or brought in, on forfeiture of £10 current money for every Negro so brought in and not paid for. One half of the penalty is to go to the informer, the other half to the use of the county schools. The duty shall be collected, accounted for, and paid by the naval officers, in the same manner as former duties on Negroes.
§ 2. But persons removing from any other of his Majesty's dominions in order to settle and reside within this province, may import their slaves for carrying on their proper occupations at the time of removal, duty free.
§ 3. Importers of Negroes, exporting the same within two months of the time of their importation, on application to the naval officer shall be paid the aforesaid duty. Bacon, Laws, 1763, ch. xxviii.
1763 (circa). New Jersey: Prohibitive Duty Act.
"An Act for laying a duty on Negroes and Mulatto Slaves Imported into this Province." Disallowed (?) by Great Britain. N.J. Archives, IX. 345–6, 383, 447, 458.
1764, Aug. 25. South Carolina: Additional £100 Duty Act.
"An Act for laying an additional duty upon all Negroes hereafter to be imported into this Province, for the time therein mentioned, to be paid by the first purchasers of such Negroes." Cooper, Statutes, IV 187.
1766, November. Virginia: Proposed Duty Act.
"An act for laying an additional duty upon slaves imported into this colony."
§ 1. " ... from and after the passing of this act there shall be levied and paid ... for all slaves imported or brought into this colony for sale, either by land or water from any port or place whatsoever, by the buyer or purchaser, after the rate of ten per centum on the amount of each respective purchase over and above the several duties already laid upon slaves imported or brought into this colony as aforesaid," etc. To be suspended until the king's consent is given, and then to continue seven years. The same act was passed again in 1769. Hening, Statutes, VIII. 237, 337.
1766. Rhode Island: Restrictive Measure (?).
Title and text not found. Cf. Digest of 1798, under "Slave Trade;" Public Laws of Rhode Island (revision of 1822), p. 441.
1768, Feb. 20. Pennsylvania: Re-enactment of Acts of 1761.
Titles only found. Dallas, Laws, I. 490; Colonial Records (1852), IX. 472, 637, 641.
1769, Nov. 16. New Jersey: £15 Duty Act.
"An Act for laying a Duty on the Purchasers of Slaves imported into this Colony."
"Whereas Duties on the Importation of Negroes in several of the neighbouring Colonies hath, on Experience, been found beneficial in the Introduction of sober, industrious Foreigners, to settle under His Majesty's Allegiance, and the promoting a Spirit of Industry among the Inhabitants in general: In order therefore to promote the same good Designs in this Government, and that such as choose to purchase Slaves may contribute some equitable Proportion of the publick Burdens," etc.
A duty of "Fifteen Pounds, Proclamation Money, is laid." Acts of Assembly (Allinson, 1776), p. 315.
1769 (circa). Connecticut: Importation Prohibited (?).
Title and text not found. "Whereas, the increase of slaves is injurious to the poor, and inconvenient, therefore," etc. Fowler, Historical Status of the Negro in Connecticut, in Local Law, etc., p. 125.
1770. Rhode Island: Bill to Prohibit Importation.
Bill to prohibit importation of slaves fails. Arnold, History of Rhode Island (1859), II. 304, 321, 337.
1771, April 12. Massachusetts: Bill to Prevent Importation.
Bill passes both houses and fails of Governor Hutchinson's assent. House Journal, pp. 211, 215, 219, 228, 234, 236, 240, 242–3.
1771. Maryland: Additional £5 Duty Act.
"An Act for imposing a further additional duty of five pounds current money per poll on all negroes imported into this province." For seven years. Laws of Maryland since 1763: 1771, ch. vii.; cf. 1773, sess. Nov.-Dec., ch. xiv.
1772, April 1. Virginia: Address to the King.
" ... The importation of slaves into the colonies from the coast of Africa hath long been considered as a trade of great inhumanity, and under its present encouragement, we have too much reason to fear will endanger the very existence of your majesty's American dominions....
"Deeply impressed with these sentiments, we most humbly beseech your majesty to remove all those restraints on your majesty's governors of this colony, which inhibit their assenting to such laws as might check so very pernicious a commerce." Journals of the House of Burgesses, p. 131; quoted in Tucker, Dissertation on Slavery (repr. 1861), p. 43.
1773, Feb. 26. Pennsylvania: Additional £10 Duty Act.
"An Act for making perpetual the act ... [of 1761] ... and laying an additional duty on the said slaves." Dallas, Laws, I. 671; Acts of Assembly (ed. 1782), p. 149.
1774, March, June. Massachusetts: Bills to Prohibit Importation.
Two bills designed to prohibit the importation of slaves fail of the governor's assent. First bill: General Court Records, XXX. 248, 264; Mass. Archives, Domestic Relations, 1643–1774, IX. 457. Second bill: General Court Records, XXX. 308, 322.
1774, June. Rhode Island: Importation Restricted.
"An Act prohibiting the importation of Negroes into this Colony."
"Whereas, the inhabitants of America are generally engaged in the preservation of their own rights and liberties, among which, that of personal freedom must be considered as the greatest; as those who are desirous of enjoying all the advantages of liberty themselves, should be willing to extend personal liberty to others;—
"Therefore, be it enacted ... that for the future, no negro or mulatto slave shall be brought into this colony; and in case any slave shall hereafter be brought in, he or she shall be, and are hereby, rendered immediately free, so far as respects personal freedom, and the enjoyment of private property, in the same manner as the native Indians."
"Provided that the slaves of settlers and travellers be excepted.
"Provided, also, that nothing in this act shall extend, or be deemed to extend, to any negro or mulatto slave brought from the coast of Africa, into the West Indies, on board any vessel belonging to this colony, and which negro or mulatto slave could not be disposed of in the West Indies, but shall be brought into this colony.
"Provided, that the owner of such negro or mulatto slave give bond to the general treasurer of the said colony, within ten days after such arrival in the sum of £100, lawful money, for each and every such negro or mulatto slave so brought in, that such negro or mulatto slave shall be exported out of the colony, within one year from the date of
such bond; if such negro or mulatto be alive, and in a condition to be removed."
"Provided, also, that nothing in this act shall extend, or be deemed to extend, to any negro or mulatto slave that may be on board any vessel belonging to this colony, now at sea, in her present voyage." Heavy penalties are laid for bringing in Negroes in order to free them. Colonial Records, VII. 251–3.
[1784, February: "It is voted and resolved, that the whole of the clause contained in an act of this Assembly, passed at June session, a.d. 1774, permitting slaves brought from the coast of Africa into the West Indies, on board any vessel belonging to this (then colony, now) state, and who could not be disposed of in the West Indies, &c., be, and the same is, hereby repealed." Colonial Records, X. 8.]
1774, October. Connecticut: Importation Prohibited.
"An Act for prohibiting the Importation of Indian, Negro or Molatto Slaves."
" ... no indian, negro or molatto Slave shall at any time hereafter be brought or imported into this Colony, by sea or land, from any place or places whatsoever, to be disposed of, left or sold within this Colony." This was re-enacted in the revision of 1784, and slaves born after 1784 were ordered to be emancipated at the age of twenty-five. Colonial Records, XIV. 329; Acts and Laws of Connecticut (ed. 1784), pp. 233–4.
1774. New Jersey: Proposed Prohibitive Duty.
"A Bill for laying a Duty on Indian, Negroe and Molatto Slaves, imported into this Colony." Passed the Assembly, and was rejected by the Council as "plainly" intending "an intire Prohibition," etc. N.J. Archives, 1st Series, VI. 222.
1775, March 27. Delaware: Bill to Prohibit Importation.
Passed the Assembly and was vetoed by the governor. Force, American Archives, 4th Series, II. 128–9.
1775, Nov. 23. Virginia: On Lord Dunmore's Proclamation.
Williamsburg Convention to the public: "Our Assemblies have repeatedly passed acts, laying heavy duties upon imported Negroes, by which they meant altogether to prevent the horrid traffick; but their humane intentions have been as often frustrated by the cruelty and covetousness of a set of English merchants." ... The Americans would, if possible, "not only prevent any more Negroes from losing their freedom, but restore it to such as have already unhappily lost it." This is evidently addressed in part to Negroes, to keep them from joining the British. Ibid., III. 1387.
1776, June 29. Virginia: Preamble to Frame of Government.
Blame for the slave-trade thrown on the king. See above, page 21. Hening, Statutes, IX. 112–3.
1776, Aug.-Sept. Delaware: Constitution.
"The Constitution or system of Government agreed to and resolved upon by the Representatives in full Convention of the Delaware State," etc.
§ 26. "No person hereafter imported into this State from Africa ought to be held in slavery on any pretence whatever; and no Negro, Indian, or Mulatto slave ought to be brought into this State, for sale, from any part of the world." Force, American Archives, 5th Series, I. 1174–9.
1777, July 2. Vermont: Slavery Condemned.
The first Constitution declares slavery a violation of "natural, inherent and unalienable rights." Vermont State Papers, 1779–86, p. 244.
1777. Maryland: Negro Duty Maintained.
"An Act concerning duties."
" ... no duties imposed by act of assembly on any article or thing imported into or exported out of this state (except duties imposed on the importation of negroes), shall be taken or received within two years from the end of the present session of the general assembly." Laws of Maryland since 1763: 1777, sess. Feb.-Apr., ch. xviii.
1778, Sept. 7. Pennsylvania: Act to Collect Back Duties.
"An Act for the recovery of the duties on Negroes and Mulattoe slaves, which on the fourth day of July, one thousand seven hundred and seventy-six, were due to this state," etc. Dallas, Laws, I. 782.
1778, October. Virginia: Importation Prohibited.
"An act for preventing the farther importation of Slaves.
§ 1. "For preventing the farther importation of slaves into this commonwealth, Be it enacted by the General Assembly, That from and after the passing of this act no slave or slaves shall hereafter be imported into this commonwealth by sea or land, nor shall any slaves so imported be sold or bought by any person whatsoever.
§ 2. "Every person hereafter importing slaves into this commonwealth contrary to this act shall forfeit and pay the sum of one thousand pounds for every slave so imported, and every person selling or buying any such slaves shall in like manner forfeit and pay the sum of five hundred pounds for every slave so sold or bought," etc.
§ 3. "And be it farther enacted, That every slave imported into this commonwealth, contrary to the true intent and meaning of this act, shall, upon such importation become free."
§ 4. Exceptions are bona fide settlers with slaves not imported later than Nov. 1, 1778, nor intended to be sold; and transient travellers. Re-enacted in substance in the revision of October, 1785. For a temporary exception to this act, as concerns citizens of Georgia and South Carolina during the war, see Act of May, 1780. Hening, Statutes, IX. 471; X. 307; XII. 182.
1779, October. Rhode Island: Slave-Trade Restricted.
"An Act prohibiting slaves being sold out of the state, against their consent." Title only found. Colonial Records, VIII. 618; Arnold, History of Rhode Island, II. 449.
1779. Vermont: Importation Prohibited.
"An Act for securing the general privileges of the people," etc. The act abolished slavery. Vermont State Papers, 1779–86, p. 287.
1780. Massachusetts: Slavery Abolished.
Passage in the Constitution which was held by the courts to abolish slavery: "Art. I. All men are born free and equal, and have certain, natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties," etc. Constitution of Massachusetts, Part I., Art. 1; prefixed to Perpetual Laws (1789).
1780, March 1. Pennsylvania: Slavery Abolished.
"An Act for the gradual abolition of slavery."
§ 5. All slaves to be registered before Nov. 1.
§ 10. None but slaves "registered as aforesaid, shall, at any time hereafter, be deemed, adjudged, or holden, within the territories of this commonwealth, as slaves or servants for life, but as free men and free women; except the domestic slaves attending upon Delegates in Congress from the other American States," and those of travellers not remaining over six months, foreign ministers, etc., "provided such domestic slaves be not aliened or sold to any inhabitant," etc.
§ 11. Fugitive slaves from other states may be taken back.
§ 14. Former duty acts, etc., repealed. Dallas, Laws, I. 838. Cf. Penn. Archives, VII. 79; VIII. 720.
1783, April. Confederation: Slave-Trade in Treaty of 1783.
"To the earnest wish of Jay that British ships should have no right under the convention to carry into the states any slaves from any part of the world, it being the intention of the United States entirely to prohibit their importation, Fox answered promptly: 'If that be their policy, it never can be competent to us to dispute with them their own regulations.'" Fox to Hartley, June 10, 1783, in Bancroft, History of the Constitution, I. 61. Cf. Sparks, Diplomatic Correspondence, X. 154, June,
1783. Maryland: Importation Prohibited.
"An Act to prohibit the bringing slaves into this state."
" ... it shall not be lawful, after the passing this act, to import or bring into this state, by land or water, any negro, mulatto, or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be a slave, and shall be free; provided that this act shall not prohibit any person, being a citizen of some one of the United States, coming into this state, with a bona fide intention of settling therein, and who shall actually reside within this state for one year at least, ... to import or bring in any slave or slaves which before belonged to such person, and which slave or slaves had been an inhabitant of some one of the United States, for the space of three whole years next preceding such importation," etc. Laws of Maryland since 1763: 1783, sess. April—June, ch. xxiii.
1783, Aug. 13. South Carolina: £3 and £20 Duty Act.
"An Act for levying and collecting certain duties and imposts therein mentioned, in aid of the public revenue." Cooper, Statutes, IV. 576.
1784, February. Rhode Island: Manumission.
"An Act authorizing the manumission of negroes, mulattoes, and others, and for the gradual abolition of slavery." Persons born after March, 1784, to be free. Bill framed pursuant to a petition of Quakers. Colonial Records, X. 7–8; Arnold, History of Rhode Island, II. 503.
1784, March 26. South Carolina: £3 and £5 Duty Act.
"An Act for levying and collecting certain Duties," etc. Cooper, Statutes, IV. 607.
1785, April 12. New York: Partial Prohibition.
"An Act granting a bounty on hemp to be raised within this State, and imposing an additional duty
on sundry articles of merchandise, and for other purposes therein mentioned."
" ... And be it further enacted by the authority aforesaid, That if any negro or other person to be imported or brought into this State from any of the United States or from any other place or country after the first day of June next, shall be sold as a slave or slaves within this State, the seller or his or her factor or agent, shall be deemed guilty of a public offence, and shall for every such offence forfeit the sum of one hundred pounds lawful money of New York, to be recovered by any person," etc.
"And be it further enacted.... That every such person imported or brought into this State and sold contrary to the true intent and meaning of this act shall be freed." Laws of New York, 1785–88 (ed. 1886), pp. 120–21.
1785. Rhode Island: Restrictive Measure (?).
Title and text not found. Cf. Public Laws of Rhode Island (revision of 1822), p. 441.
1786, March 2. New Jersey: Importation Prohibited.
"An Act to prevent the importation of Slaves into the State of New Jersey, and to authorize the Manumission of them under certain restrictions, and to prevent the Abuse of Slaves."
"Whereas the Principles of Justice and Humanity require that the barbarous Custom of bringing the unoffending African from his native Country and Connections into a State of Slavery ought to be discountenanced, and as soon as possible prevented; and sound Policy also requires, in order to afford ample Support to such of the Community as depend upon their Labour for their daily Subsistence, that the Importation of Slaves into this State from any other State or Country whatsoever, ought to be prohibited under certain Restrictions; and that such as are under Servitude in the State ought to be protected by Law from those Exercises of Wanton Cruelty too often practiced
upon them; and that every unnecessary Obstruction in the Way of freeing Slaves should be removed; therefore,
§ 1. "Be it Enacted by the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That from and after the Publication of this Act, it shall not be lawful for any Person or Persons whatsoever to bring into this State, either for Sale or for Servitude, any Negro Slave brought from Africa since the Year Seventeen Hundred and Seventy-six; and every Person offending by bringing into this State any such Negro Slave shall, for each Slave, forfeit and Pay the Sum of Fifty Pounds, to be sued for and recovered with Costs by the Collector of the Township into which such Slave shall be brought, to be applied when recovered to the Use of the State.
§ 2. "And be it further Enacted by the Authority aforesaid, That if any Person shall either bring or procure to be brought into this State, any Negro or Mulatto Slave, who shall not have been born in or brought from Africa since the Year above mentioned, and either sell or buy, or cause such Negro or Mulatto Slave to be sold or remain in this State, for the Space of six Months, every such Person so bringing or procuring to be brought or selling or purchasing such Slave, not born in or brought from Africa since the Year aforesaid, shall for every such Slave, forfeit and pay the Sum of Twenty Pounds, to be sued for and recovered with Costs by the Collector of the Township into which such Slave shall be brought or remain after the Time limited for that Purpose, the Forfeiture to be applied to the Use of the State as aforesaid.
§ 3. "Provided always, and be it further Enacted by the Authority aforesaid, That Nothing in this Act contained shall be construed to prevent any Person who shall remove into the State, to take a settled Residence here, from bringing all his or her Slaves without incurring the Penalties aforesaid, excepting
such Slaves as shall have been brought from Africa since the Year first above mentioned, or to prevent any Foreigners or others having only a temporary Residence in this State, for the Purpose of transacting any particular Business, or on their Travels, from bringing and employing such Slaves as Servants, during the Time of his or her Stay here, provided such Slaves shall not be sold or disposed of in this State." Acts of the Tenth General Assembly (Tower Collection of Laws).
1786, Oct. 30. Vermont: External Trade Prohibited.
"An act to prevent the sale and transportation of Negroes and Molattoes out of this State." £100 penalty. Statutes of Vermont (ed. 1787), p. 105.
1786. North Carolina: Prohibitive Duty.
"An act to impose a duty on all slaves brought into this state by land or water."
"Whereas the importation of slaves into this state is productive of evil consequences, and highly impolitic," etc. A prohibitive duty is imposed. The exact text was not found.
§ 6. Slaves introduced from States which have passed emancipation acts are to be returned in three months; if not, a bond of £50 is to be forfeited, and a fine of £100 imposed.
§ 8. Act to take effect next Feb. 1; repealed by Act of 1790, ch. 18. Martin, Iredell's Acts of Assembly, I. 413, 492.
1787, Feb. 3. Delaware: Exportation Prohibited.
"An Act to prevent the exportation of slaves, and for other purposes." Laws of Delaware (ed. 1797), p. 884, ch. 145 b.
1787, March 28. South Carolina: Total Prohibition.
"An Act to regulate the recovery and payment of debts and for prohibiting the importation of negroes for the time therein mentioned." Title only given. Grimké, Public Laws, p. lxviii, No. 1485.
1787, March 28. South Carolina: Importation Prohibited.
"An Ordinance to impose a Penalty on any person who shall import into this State any Negroes,contrary to the Instalment Act."
1. "Be it ordained, by the honorable the Senate and House of Representatives, met in General Assembly, and by the authority of the same, That any person importing or bringing into this State a negro slave, contrary to the Act to regulate the recovery of debts and prohibiting the importation of negroes, shall, besides the forfeiture of such negro or slave, be liable to a penalty of one hundred pounds, to the use of the State, for every such negro or slave so imported and brought in, in addition to the forfeiture in and by the said Act prescribed." Cooper, Statutes, VII. 430.
1787, October. Rhode Island: Importation Prohibited.
"An act to prevent the slave trade and to encourage the abolition of slavery." This act prohibited and censured trade under penalty of £100 for each person and £1,000 for each vessel. Bartlett, Index to the Printed Acts and Resolves, p. 333; Narragansett Historical Register, II. 298–9.
APPENDIX B.
A CHRONOLOGICAL CONSPECTUS OF STATE, NATIONAL, AND INTERNATIONAL LEGISLATION.
1788–1871.
As the State statutes and Congressional reports and bills are difficult to find, the significant parts of such documents are printed in full. In the case of national statutes and treaties, the texts may easily be found through the references.
1788, Feb. 22. New York: Slave-Trade Prohibited.
"An Act concerning slaves."
"Whereas in consequence of the act directing a revision of the laws of this State, it is expedient that the several existing laws relative to slaves, should be revised, and comprized in one. Therefore, Be it enacted," etc.
"And to prevent the further importation of slaves into this State, Be it further enacted by the authority aforesaid, That if any person shall sell as a slave within this State any negro, or other person, who has been imported or brought into this State, after" June 1, 1785, "such seller, or his or her factor or agent, making such sale, shall be deemed guilty of a public offence, and shall for every such offence, forfeit the sum of one hundred pounds.... And further, That every person so imported ... shall be free." The purchase of slaves for removal to another State is prohibited under penalty of £100. Laws of New York, 1785–88 (ed. 1886), pp. 675–6.
1788, March 25. Massachusetts: Slave-Trade Prohibited.
"An Act to prevent the Slave-Trade, and for granting Relief to the Families of such unhappy Persons as may be kidnapped or decoyed away from this Commonwealth."
"Whereas by the African trade for slaves, the lives and liberties of many innocent persons have been from time to time sacrificed to the lust of gain: And whereas some persons residing in this Commonwealth may be so regardless of the rights of human kind, as to be concerned in that unrighteous commerce:
§ 1. "Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no citizen of this Commonwealth, or other person residing within the same, shall for himself, or any other person whatsoever, either as master, factor, supercargo, owner or hirer, in whole or in part, of any vessel, directly or indirectly, import or transport, or buy or sell, or receive on board, his or their vessel, with intent to cause to be imported or transported, any of the inhabitants of any State or Kingdom, in that part of the world called Africa, as slaves, or as servants for term of years." Any person convicted of doing this shall forfeit and pay the sum of £50 for every person received on board, and the sum of £200 for every vessel fitted out for the trade, "to be recovered by action of debt, in any Court within this Commonwealth, proper to try the same; the one moiety thereof to the use of this Commonwealth, and the other moiety to the person who shall prosecute for and recover the same."
§ 2. All insurance on said vessels and cargo shall be null and void; "and this act may be given in evidence under the general issue, in any suit or action commenced for the recovery of insurance so made," etc.
§ 4. "Provided ... That this act do not extend to vessels which have already sailed, their owners, factors, or commanders, for and during their present voyage, or to any insurance that shall have been made, previous to the passing of the same." Perpetual Laws of Massachusetts, 1780–89 (ed. 1789), p. 235.
1788, March 29. Pennsylvania: Slave-Trade Prohibited.
"An Act to explain and amend an act, entituled, 'An Act for the gradual abolition of slavery.'"
§ 2. Slaves brought in by persons intending to settle shall be free.
§ 3. " ... no negro or mulatto slave, or servant for term of years," except servants of congressmen, consuls, etc., "shall be removed out of this state, with the design and intention that the place of abode or residence of such slave or servant shall be thereby altered or changed, or with the design and intention that such slave or servant, if a female, and pregnant, shall be detained and kept out of this state till her delivery of the child of which she is or shall be pregnant, or with the design and intention that such slave or servant shall be brought again into this state, after the expiration of six months from the time of such slave or servant having been first brought into this state, without his or her consent, if of full age, testified upon a private examination, before two Justices of the peace of the city or county in which he or she shall reside, or, being under the age of twenty-one years, without his or her consent, testified in manner aforesaid, and also without the consent of his or her parents," etc. Penalty for every such offence, £75.
§ 5. " ... if any person or persons shall build, fit, equip, man, or otherwise prepare any ship or vessel, within any port of this state, or shall cause any ship or other vessel to sail from any port of this state, for the purpose of carrying on a trade or traffic in slaves, to, from, or between Europe, Asia, Africa or America, or any places or countries whatever, or of transporting slaves to or from one port or place to another, in any part or parts of the world, such ship or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the commonwealth.... And, moreover, all and every person and persons so building, fitting out," etc., shall forfeit £1000. Dallas, Laws, II. 586.
1788, October. Connecticut: Slave-Trade Prohibited.
"An Act to prevent the Slave-Trade."
"Be it enacted by the Governor, Council and Representatives in General Court assembled, and by the Authority of the same, That no Citizen or Inhabitant of this State, shall for himself, or any other Person, either as Master, Factor, Supercargo, Owner or Hirer, in Whole, or in Part, of any Vessel, directly or indirectly, import or transport, or buy or sell, or receive on board his or her Vessel, with Intent to cause to be imported or transported, any of the Inhabitants of any Country in Africa, as Slaves or Servants, for Term of Years; upon Penalty of Fifty Pounds, for every Person so received on board, as aforesaid; and of Five Hundred Pounds for every such Vessel employed in the Importation or Transportation aforesaid; to be recovered by Action, Bill, Plaint or Information; the one Half to the Plaintiff, and the other Half to the Use of this State." And all insurance on vessels and slaves shall be void. This act to be given as evidence under general issue, in any suit commenced for recovery of such insurance.
" ... if any Person shall kidnap ... any free Negro," etc., inhabitant of this State, he shall forfeit £100. Every vessel clearing for the coast of Africa or any other part of the world, and suspected to be in the slave-trade, must give bond in £1000. Slightly amended in 1789. Acts and Laws of Connecticut (ed. 1784), pp. 368–9, 388.
1788, Nov. 4. South Carolina: Temporary Prohibition.
"An Act to regulate the Payment and Recovery of Debts, and to prohibit the Importation of Negroes, for the Time therein limited."
§ 16. "No negro or other slave shall be imported or brought into this State either by land or water on or before the first of January, 1793, under the penalty of forfeiting every such slave or slaves to any person who will sue or inform for the same; and under further penalty of paying £100 to the use
of the State for every such negro or slave so imported or brought in: Provided, That nothing in this prohibition contained shall extend to such slaves as are now the property of citizens of the United States, and at the time of passing this act shall be within the limits of the said United States.
§ 17. "All former instalment laws, and an ordinance imposing a penalty on persons importing negroes into this State, passed the 28th day of March 1787, are hereby repealed." Grimké, Public Laws, p. 466.
1789, Feb. 3. Delaware: Slave-Trade Prohibited.
"An additional Supplementary ACT to an act, intituled, An act to prevent the exportation of slaves, and for other purposes."
"Whereas it is inconsistent with that spirit of general liberty which pervades the constitution of this state, that vessels should be fitted out, or equipped, in any of the ports thereof, for the purpose of receiving and transporting the natives of Africa to places where they are held in slavery; or that any acts should be deemed lawful, which tend to encourage or promote such iniquitous traffic among us:
§ 1. "Be it therefore enacted by the General Assembly of Delaware, That if any owner or owners, master, agent, or factor, shall fit out, equip, man, or otherwise prepare, any ship or vessel within any port or place in this state, or shall cause any ship, or other vessel, to sail from any port or place in this state, for the purpose of carrying on a trade or traffic in slaves, to, from, or between, Europe, Asia, Africa, or America, or any places or countries whatever, or of transporting slaves to, or from, one port or place to another, in any part or parts of the world; such ship or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to this state.... And moreover, all and every person and persons so fitting out ... any ship or vessel ... shall severally forfeit and pay the sum of Five Hundred Pounds;" one-half to the state, and one-half to the informer.
§ 2. "And whereas it has been found by experience, that the act, intituled, An act to prevent the exportation of slaves, and for other purposes, has not produced all the good effects expected therefrom," any one exporting a slave to Maryland, Virginia, North Carolina, South Carolina, Georgia, or the West Indies, without license, shall forfeit £100 for each slave exported and £20 for each attempt.
§ 3. Slaves to be tried by jury for capital offences. Laws of Delaware (ed. 1797), p. 942, ch. 194 b.
1789, May 13. Congress (House): Proposed Duty on Slaves Imported.
A tax of $10 per head on slaves imported, moved by Parker of Virginia. After debate, withdrawn. Annals of Cong., 1 Cong. 1 sess. pp. 336–42.
1789, Sept. 19. Congress (House): Bill to Tax Slaves Imported.
A committee under Parker of Virginia reports, "a bill concerning the importation of certain persons prior to the year 1808." Read once and postponed until next session. House Journal (repr. 1826), 1 Cong. 1 sess. I. 37, 114; Annals of Cong., 1 Cong. 1 sess., pp. 366, 903.
1790, March 22. Congress (House): Declaration of Powers.
See above, pages 82–83.
1790, March 22. New York: Amendment of Act of 1788.
"An Act to amend the act entitled 'An act concerning slaves.'"
"Whereas many inconveniences have arisen from the prohibiting the exporting of slaves from this State. Therefore
"Be it enacted ..., That where any slave shall hereafter be convicted of a crime under the degree of a capital offence, in the supreme court, or the court of oyer and terminer, and general gaol delivery, or a court of general sessions of the peace within this State, it shall and may be lawful to and for the master or mistress to cause such slave to
be transported out of this State," etc. Laws of New York, 1789–96 (ed. 1886), p. 151.
1792, May. Connecticut: Act of 1788 Strengthened.
"An Act in addition to an Act, entitled 'An Act to prevent the Slave Trade.'"
This provided that persons directly or indirectly aiding or assisting in slave-trading should be fined £100. All notes, bonds, mortgages, etc., of any kind, made or executed in payment for any slave imported contrary to this act, are declared null and void. Persons removing from the State might carry away their slaves. Acts and Laws of Connecticut (ed. 1784), pp. 412–3.
1792, Dec. 17. Virginia: Revision of Acts.
"An Act to reduce into one, the several acts concerning slaves, free negroes, and mulattoes."
§ 1. "Be it enacted ..., That no persons shall henceforth be slaves within this commonwealth, except such as were so on the seventeenth day of October," 1785, "and the descendants of the females of them."
§ 2. "Slaves which shall hereafter be brought into this commonwealth, and kept therein one whole year together, or so long at different times as shall amount to one year, shall be free."
§ 4. "Provided, That nothing in this act contained, shall be construed to extend to those who may incline to remove from any of the United States and become citizens of this, if within sixty days after such removal, he or she shall take the following oath before some justice of the peace of this commonwealth: 'I, A.B., do swear, that my removal into the state of Virginia, was with no intent of evading the laws for preventing the further importation of slaves, nor have I brought with me any slaves, with an intention of selling them, nor have any of the slaves which I have brought with me, been imported from Africa, or any of the West India islands, since the first day of November,'" 1778, etc.
§ 53. This act to be in force immediately. Statutes at Large of Virginia, New Series, I. 122.
1792, Dec. 21. South Carolina: Importation Prohibited until 1795.
"An Act to prohibit the importation of Slaves from Africa, or other places beyond sea, into this State, for two years; and also to prohibit the importation or bringing in Slaves, or Negroes, Mulattoes, Indians, Moors or Mestizoes, bound for a term of years, from any of the United States, by land or by water."
"Whereas, it is deemed inexpedient to increase the number of slaves within this State, in our present circumstances and situation;
§ 1. "Be it therefore enacted ..., That no slave shall be imported into this State from Africa, the West India Islands, or other place beyond sea, for and during the term of two years, commencing from the first day of January next, which will be in the year of our Lord one thousand seven hundred and ninety-three."
§ 2. No slaves, Negroes, Indians, etc., bound for a term of years, to be brought in from any of the United States or bordering countries. Settlers may bring their slaves. Cooper, Statutes, VII. 431.
1793, Dec. 19. Georgia: Importation Prohibited.
"An act to prevent the importation of negroes into this state from the places herein mentioned." Title only. Re-enacted (?) by the Constitution of 1798. Marbury and Crawford, Digest, p. 442; Prince, Digest, p. 786.
1794, North Carolina: Importation Prohibited.
"An act to prevent the further importation and bringing of slaves and indented servants of colour into this state."
§ 1. "Be it enacted ..., That from and after the first day of May next, no slave or indented servant of colour shall be imported or brought into this state by land or water; nor shall any slave or indented servant of colour, who may be imported or brought contrary to the intent and meaning of
this act, be bought, sold or hired by any person whatever."
§ 2. Penalty for importing, £100 per slave; for buying or selling, the same.
§ 4. Persons removing, travelling, etc., are excepted. The act was amended slightly in 1796. Martin, Iredell's Acts of Assembly, II. 53, 94.
1794, March 22. United States Statute: Export Slave-Trade Forbidden.
"An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country." Statutes at Large, I. 347. For proceedings in Congress, see Senate Journal (repr. 1820), 3 Cong. 1 sess. II. 51; House Journal (repr. 1826), 3 Cong. 1 sess. II. 76, 84, 85, 96, 98, 99, 100; Annals of Cong., 3 Cong. 1 sess. pp. 64, 70, 72.
1794, Dec. 20. South Carolina: Act of 1792 Extended.
"An Act to revive and extend an Act entitled 'An Act to prohibit the importation of Slaves from Africa, or other places beyond Sea, into this State, for two years; and also, to prohibit the importation or bringing in of Negro Slaves, Mulattoes, Indians, Moors or Mestizoes, bound for a term of years, from any of the United States, by Land or Water.'"
§ 1. Act of 1792 extended until Jan. 1, 1797.
§ 2. It shall not be lawful hereafter to import slaves, free Negroes, etc., from the West Indies, any part of America outside the United States, "or from other parts beyond sea." Such slaves are to be forfeited and sold; the importer to be fined £50; free Negroes to be re-transported. Cooper, Statutes, VII. 433.
1795. North Carolina: Act against West Indian Slaves.
"An act to prevent any person who may emigrate from any of the West India or Bahama islands, or the French, Dutch or Spanish settlements on the southern coast of America, from bringing slaves into this state, and also for imposing certain restrictions on free persons of colour who may hereafter
come into this state." Penalty, £100 for each slave over 15 years of age. Laws of North Carolina (revision of 1819), I. 786.
1796. Maryland: Importation Prohibited.
"An Act relating to Negroes, and to repeal the acts of assembly therein mentioned."
"Be it enacted ..., That it shall not be lawful, from and after the passing of this act, to import or bring into this state, by land or water, any negro, mulatto or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be the property of the person or persons so importing or bringing such slave within this state, and shall be free."
§ 2. Any citizen of the United States, coming into the State to take up bona fide residence, may bring with him, or within one year import, any slave which was his property at the time of removal, "which slaves, or the mother of which slaves, shall have been a resident of the United States, or some one of them, three whole years next preceding such removal."
§ 3. Such slaves cannot be sold within three years, except by will, etc. In 1797, "A Supplementary Act," etc., slightly amended the preceding, allowing guardians, executors, etc., to import the slaves of the estate. Dorsey, Laws, I. 334, 344.
1796, Dec. 19. South Carolina: Importation Prohibited until 1799.
"An Act to prohibit the importation of Negroes, until the first day of January, one thousand seven hundred and ninety-nine."
"Whereas, it appears to be highly impolitic to import negroes from Africa, or other places beyond seas," etc. Extended by acts of Dec. 21, 1798, and Dec. 20, 1800, until Jan. 1, 1803. Cooper, Statutes, VII. 434, 436.
1797, Jan. 18. Delaware: Codification of Acts.
"An Act concerning Negro and Mulatto slaves."
§ 5. " ... any Negro or Mulatto slave, who hath been or shall be brought into this state contrary to the intent and meaning of [the act of 1787]; and any Negro or Mulatto slave who hath been or shall be exported, or sold with an intention for exportation, or carried out for sale from this state, contrary to the intent and meaning of [the act of 1793], shall be, and are hereby declared free; any thing in this act to the contrary notwithstanding." Laws of Delaware (ed. 1797), p. 1321, ch. 124 c.
1798, Jan. 31. Georgia: Importation Prohibited.
"An act to prohibit the further importation of slaves into this state."
§ 1. " ... six months after the passing of this act, it shall be unlawful for any person or persons to import into this state, from Africa or elsewhere, any negro or negroes of any age or sex." Every person so offending shall forfeit for the first offence the sum of $1,000 for every negro so imported, and for every subsequent offence the sum of $1,000, one half for the use of the informer, and one half for the use of the State.
§ 2. Slaves not to be brought from other States for sale after three months.
§ 3. Persons convicted of bringing slaves into this State with a view to sell them, are subject to the same penalties as if they had sold them. Marbury and Crawford, Digest, p. 440.
1798, March 14. New Jersey: Slave-Trade Prohibited.
"An Act respecting slaves."
§ 12. "And be it enacted, That from and after the passing of this act, it shall not be lawful for any person or persons whatsoever, to bring into this state, either for sale or for servitude, any negro or other slave whatsoever." Penalty, $140 for each slave; travellers and temporary residents excepted.
§ 17. Any persons fitting out vessels for the slave-trade shall forfeit them. Paterson, Digest, p. 307.
1798, April 7. United States Statute: Importation into Mississippi Territory Prohibited.
"An Act for an amicable settlement of limits with the state of Georgia, and authorizing the establishment of a government in the Mississippi territory." Statutes at Large, I. 549. For proceedings in Congress, see Annals of Cong., 5 Cong. 2 sess. pp. 511, 512, 513, 514, 515, 532, 533, 1235, 1249, 1277–84, 1296, 1298–1312, 1313, 1318.
1798, May 30. Georgia: Constitutional Prohibition.
Constitution of Georgia:—
Art. IV § 11. "There shall be no future importation of slaves into this state from Africa, or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves, without the consent of each of their respective owners previous to such emancipation. They shall have no power to prevent emigrants, from either of the United States to this state, from bringing with them such persons as may be deemed slaves, by the laws of any one of the United States." Marbury and Crawford, Digest, p. 30.
1800, May 10. United States Statute: Americans Forbidden to Trade from one Foreign Country to Another.
"An Act in addition to the act intituled 'An act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country.'" Statutes at Large, II. 70. For proceedings in Congress, see Senate Journal (repr. 1821), 6 Cong. 1 sess. III. 72, 77, 88, 92.
1800, Dec. 20. South Carolina: Slaves and Free Negroes Prohibited.
"An Act to prevent Negro Slaves and other persons of Colour, from being brought into or entering this State." Supplemented Dec. 19, 1801, and amended Dec. 18, 1802. Cooper, Statutes, VII. 436, 444, 447.
1801, April 8. New York: Slave-Trade Prohibited.
"An Act concerning slaves and servants."
" ... And be it further enacted, That no slave shall hereafter be imported or brought into this State, unless the person importing or bringing such slave shall be coming into this State with intent to reside permanently therein and shall have resided without this State, and also have owned such slave at least during one year next preceding the importing or bringing in of such slave," etc. A certificate, sworn to, must be obtained; any violation of this act or neglect to take out such certificate will result in freedom to the slave. Any sale or limited transfer of any person hereafter imported to be a public offence, under penalty of $250, and freedom to the slave transferred. The export of slaves or of any person freed by this act is forbidden, under penalty of $250 and freedom to the slave. Transportation for crime is permitted. Re-enacted with amendments March 31, 1817. Laws of New York, 1801 (ed. 1887), pp. 547–52; Laws of New York, 1817 (ed. 1817), p. 136.
1803, Feb. 28. United States Statute: Importation into States Prohibiting Forbidden.
"An Act to prevent the importation of certain persons into certain states, where, by the laws thereof, their admission is prohibited." Statutes at Large, II. 205. For copy of the proposed bill which this replaced, see Annals of Cong., 7 Cong. 2 sess. p. 467. For proceedings in Congress, see House Journal (repr. 1826), 7 Cong. 2 sess. IV 304, 324, 347; Senate Journal (repr. 1821), 7 Cong. 2 sess. III. 267, 268, 269–70, 273, 275, 276, 279.
1803, Dec. 17. South Carolina: African Slaves Admitted.
"An Act to alter and amend the several Acts respecting the importation or bringing into this State, from beyond seas, or elsewhere, Negroes and other persons of colour; and for other purposes therein mentioned."
§ 1. Acts of 1792, 1794, 1796, 1798, 1800, 1802, hereby repealed.
§ 2. Importation of Negroes from the West Indies prohibited.
§ 3. No Negro over fifteen years of age to be imported from the United States except under certificate of good character.
§ 5. Negroes illegally imported to be forfeited and sold, etc. Cooper, Statutes, VII. 449.
1804.[Denmark.
Act of 1792 abolishing the slave-trade goes into effect.]
1804, Feb. 14. Congress (House): Proposed Censure of South Carolina.
Representative Moore of South Carolina offered the following resolution, as a substitute to Mr. Bard's taxing proposition of Jan. 6:—
"Resolved, That this House receive with painful sensibility information that one of the Southern States, by a repeal of certain prohibitory laws, have permitted a traffic unjust in its nature, and highly impolitic in free Governments." Ruled out of order by the chairman of the Committee of the Whole. Annals of Cong., 8 Cong. 1 sess. p. 1004.
1804, Feb. 15. Congress (House): Proposed Duty.
"Resolved, That a tax of ten dollars be imposed on every slave imported into any part of the United States."
"Ordered, That a bill, or bills, be brought in, pursuant to the said resolution," etc. Feb. 16 "a bill laying a duty on slaves imported into the United States" was read, but was never considered. House Journal (repr. 1826), 8 Cong. 1 sess. IV 523, 578, 580, 581–2, 585; Annals of Cong., 8 Cong. 1 sess. pp. 820, 876, 991, 1012, 1020, 1024–36.
1804, March 26. United States Statute: Slave-Trade Limited.
"An Act erecting Louisiana into two territories," etc. Acts of 1794 and 1803 extended to Louisiana. Statutes at Large, II. 283. For proceedings in Congress, see Annals of Cong., 8 Cong. 1 sess. pp. 106, 211, 223, 231, 233–4, 238, 255, 1038, 1054–68, 1069–79, 1128–30, 1185–9.
1805, Feb. 15. Massachusetts: Proposed Amendment.
"Resolve requesting the Governor to transmit to the Senators and Representatives in Congress, and the Executives of the several States this Resolution, as an amendment to the Constitution of the United States, respecting Slaves." June 8, Governor's message; Connecticut answers that it is inexpedient; Maryland opposes the proposition. Massachusetts Resolves, February, 1805, p. 55; June, 1805, p. 18. See below, March 3, 1805.
1805, March 2. United States Statute: Slave-Trade to Orleans Territory Permitted.
"An Act further providing for the government of the territory of Orleans."
§ 1. A territorial government erected similar to Mississippi, with same rights and privileges.
§ 5. 6th Article of Ordinance of 1787, on slaves, not to extend to this territory.
Statutes at Large, II. 322. For proceedings in Congress, see Annals of Cong., 8 Cong. 2 sess. pp. 28, 30, 45–6, 47, 48, 54, 59–61, 69, 727–8, 871–2, 957, 1016–9, 1020–1, 1201, 1209–10, 1211. Cf. Statutes at Large, II. 331; Annals of Cong., 8 Cong. 2 sess., pp. 50, 51, 52, 57, 68, 69, 1213, 1215. In Journals, see Index, Senate Bills Nos. 8, 11.
1805, March 3. Congress (House): Massachusetts Proposition to Amend Constitution.
Mr. Varnum of Massachusetts presented the resolution of the Legislature of Massachusetts, "instructing the Senators, and requesting the Representatives in Congress, from the said State, to take all legal and necessary steps, to use their utmost exertions, as soon as the same is practicable, to obtain an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importation of slaves from any of the West India Islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof." A motion was made that Congress have power to prevent
further importation; it was read and ordered to lie on the table. House Journal (repr. 1826), 8 Cong. 2 sess. V 171; Annals of Cong., 8 Cong. 2 sess. pp. 1221–2. For the original resolution, see Massachusetts Resolves, May, 1802, to March, 1806, Vol. II. A. (State House ed., p. 239.)
1805, Dec. 17. Congress (Senate): Proposition to Prohibit Importation.
A "bill to prohibit the importation of certain persons therein described into any port or place within the jurisdiction of the United States, from and after" Jan. 1, 1808, was read twice and postponed. Senate Journal (repr. 1821), 9 Cong. 1 sess. IV. 10–11; Annals of Cong., 9 Cong. 1 sess. pp. 20–1.
1806, Jan. 20. Congress (House): Vermont Proposed Amendment.
"Mr. Olin, one of the Representatives from the State of Vermont, presented to the House certain resolutions of the General Assembly of the said State, proposing an article of amendment to the Constitution of the United States, to prevent the further importation of slaves, or people of color, from any of the West India Islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof; which were read, and ordered to lie on the table." No further mention found. House Journal (repr. 1826), 9 Cong. 1 sess. V 238; Annals of Cong., 9 Cong. 1 sess. pp. 343–4.
1806, Jan. 25. Virginia: Imported Slaves to be Sold.
"An Act to amend the several laws concerning slaves."
§ 5. If the jury before whom the importer is brought "shall find that the said slave or slaves were brought into this commonwealth, and have remained therein, contrary to the provisions of this act, the court shall make an order, directing him, her or them to be delivered to the overseers of the poor, to be by them sold for cash and applied as herein directed."
§ 8. Penalty for bringing slaves, $400 per slave; the same for buying or hiring, knowingly, such alave.
§ 16. This act to take effect May 1, 1806. Statutes at Large of Virginia, New Series, III. 251.
1806, Jan. 27. Congress (House): Bill to Tax Slaves Imported.
"A Bill laying a duty on slaves imported into any of the United States." Finally dropped. House Journal (repr. 1826), 8 Cong. 2 sess. V. 129; Ibid., 9 Cong. 1 sess. V. 195, 223, 240, 242, 243–4, 248, 260, 262, 264, 276–7, 287, 294, 305, 309, 338; Annals of Cong., 9 Cong. 1 sess. pp. 273, 274, 346, 358, 372, 434, 442–4, 533.
1806, Feb. 4. Congress (House): Proposition to Prohibit Slave-Trade after 1807.
Mr. Bidwell moved that the following section be added to the bill for taxing slaves imported,—that any ship so engaged be forfeited. The proposition was rejected, yeas, 17, nays, 86 (?). Annals of Cong., 9 Cong. 1 sess. p. 438.
1806, Feb. 10. Congress (House): New Hampshire Proposed Amendment.
"Mr. Tenney ... presented to the House certain resolutions of the Legislature of the State of New Hampshire, 'proposing an amendment to the Constitution of the United States, so as to authorize and empower Congress to pass a law, whenever they may deem it expedient, to prevent the further importation of slaves,' or people of color, into the United States, or any part thereof." Read and laid on the table. House Journal (repr. 1826), 9 Cong. 1 sess. V. 266; Annals of Cong., 9 Cong. 1 sess. p. 448.
1806, Feb. 17. Congress (House): Proposition on Slave-Trade.
The committee on the slave-trade reported a resolution:—
"Resolved, That it shall not be lawful for any person or persons, to import or bring into any of the Territories of the United States, any slave or slaves that may hereafter be imported into the United
States." House Journal, 9 Cong. 1 sess. V 264, 278, 308, 345–6; House Reports, 9 Cong. 1 sess. II. Feb. 17, 1806; Annals of Cong., 9 Cong. 1 sess. pp. 472–3.
1806, April 7. Congress (Senate): Maryland Proposed Amendment.
"Mr. Wright communicated a resolution of the legislature of the state of Maryland instructing their Senators and Representatives in Congress to use their utmost exertions to obtain an amendment to the constitution of the United States to prevent the further importation of slaves; whereupon, Mr. Wright submitted the following resolutions for the consideration of the Senate....
"Resolved, That the migration or importation of slaves into the United States, or any territory thereof, be prohibited after the first day of January, 1808." Considered April 10, and further consideration postponed until the first Monday in December next. Senate Journal (repr. 1821), 9 Cong. 1 sess. IV. 76–7, 79; Annals of Cong., 9 Cong. 1 sess. pp. 229, 232.
1806, Dec. 2. President Jefferson's Message.
See above, pages 97–98. House Journal (repr. 1826), 9 Cong. 2 sess. V. 468.
1806, Dec. 15. Congress (House): Proposition on Slave-Trade.
"A bill to prohibit the importation or bringing of slaves into the United States, etc.," after Dec. 31, 1807. Finally merged into Senate bill. Ibid., House Bill No. 148.
1806, Dec. 17. Congress (House): Sloan's Proposition.
Proposition to amend the House bill by inserting after the article declaring the forfeiture of an illegally imported slave, "And such person or slave shall be entitled to his freedom." Lost. Annals of Cong., 9 Cong. 2 sess. pp. 167–77, 180–89.
1806, Dec. 29. Congress (House): Sloan's Second Proposition.
Illegally imported Africans to be either freed, apprenticed, or returned to Africa. Lost; Jan. 5, 1807, a
somewhat similar proposition was also lost. Ibid., pp. 226–8, 254.
1806, Dec. 31. Great Britain: Rejected Treaty.
"Treaty of amity, commerce, and navigation, between His Britannic Majesty and the United States of America."
"Art. XXIV. The high contracting parties engage to communicate to each other, without delay, all such laws as have been or shall be hereafter enacted by their respective Legislatures, as also all measures which shall have been taken for the abolition or limitation of the African slave trade; and they further agree to use their best endeavors to procure the co-operation of other Powers for the final and complete abolition of a trade so repugnant to the principles of justice and humanity." Amer. State Papers, Foreign, III. 147, 151.
1807, March 25. [England: Slave-Trade Abolished.
"An Act for the Abolition of the Slave Trade." Statute 47 George III., 1 sess. ch. 36.]
1807, Jan. 7. Congress (House): Bidwell's Proposition.
"Provided, that no person shall be sold as a slave by virtue of this act." Offered as an amendment to § 3 of House bill; defeated 60 to 61, Speaker voting. A similar proposition was made Dec. 23, 1806. House Journal (repr. 1826), 9 Cong. 2 sess. V. 513–6. Cf. Annals of Cong., 9 Cong. 2 sess. pp. 199–203, 265–7.
1807, Feb. 9. Congress (House): Section Seven of House Bill.
§ 7 of the bill reported to the House by the committee provided that all Negroes imported should be conveyed whither the President might direct and there be indentured as apprentices, or employed in whatever way the President might deem best for them and the country; provided that no such Negroes should be indentured or employed except in some State in which provision is now made for the gradual abolition of slavery. Blank spaces were left for limiting the term of indenture.
The report was never acted on. Annals of Cong., 9 Cong. 2 sess. pp. 477–8.
1807, March 2. United States Statute: Importation Prohibited.
"An Act to prohibit the importation of Slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight." Bills to amend § 8, so as to make less ambiguous the permit given to the internal traffic, were introduced Feb. 27 and Nov. 27. Statutes at Large, II. 426. For proceedings in Senate, see Senate Journal (repr. 1821), 9 Cong. 1–2 sess. IV. 11, 112, 123, 124, 132, 133, 150, 158, 164, 165, 167, 168; Annals of Cong., 9 Cong. 2 sess. pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93. For proceedings in House, see House Journal (repr. 1826), 9 Cong. 2 sess. V. 470, 482, 488, 490, 491, 496, 500, 504, 510, 513–6, 517, 540, 557, 575, 579, 581, 583–4, 585, 592, 594, 610, 613–4, 616, 623, 638, 640; 10 Cong. 1 sess. VI. 27, 50; Annals of Cong., 9 Cong. 2 sess. pp. 167, 180, 200, 220, 231, 254, 264, 270.
1808, Feb. 23. Congress (Senate): Proposition to Amend Constitution.
"Agreeably to instructions from the legislature of the state of Pennsylvania to their Senators in Congress, Mr. Maclay submitted the following resolution, which was read for consideration:—
"Resolved ..., That the Constitution of the United States be so altered and amended, as to prevent the Congress of the United States, and the legislatures of any state in the Union, from authorizing the importation of slaves." No further mention. Senate Journal (repr. 1821), 10 Cong. 1 sess. IV. 235; Annals of Cong., 10 Cong. 1 sess. p. 134. For the full text of the instructions, see Amer. State Papers, Miscellaneous, I. 716.
1810, Dec. 5. President Madison's Message.
"Among the commercial abuses still committed under the American flag, ... it appears that American
citizens are instrumental in carrying on a traffic in enslaved Africans, equally in violation of the laws of humanity, and in defiance of those of their own country. The same just and benevolent motives which produced the interdiction in force against this criminal conduct, will doubtless be felt by Congress, in devising further means of suppressing the evil." House Journal (repr. 1826), 11 Cong. 3 sess. VII. 435.
1811, Jan. 15. United States Statute: Secret Act and Joint Resolution against Amelia Island Smugglers.
Statutes at Large, III. 471 ff.
1815, March 29. [France: Abolition of Slave-Trade.
Napoleon on his return from Elba decrees the abolition of the slave-trade. Decree re-enacted in 1818 by the Bourbon dynasty. British and Foreign State Papers, 1815–16, p. 196, note; 1817–18, p. 1025.]
1815, Feb. 18. Great Britain: Treaty of Ghent.
"Treaty of peace and amity. Concluded December 24, 1814; Ratifications exchanged at Washington February 17, 1815; Proclaimed February 18, 1815."
Art. X. "Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object." U.S. Treaties and Conventions (ed. 1889), p. 405.
1815, Dec. 8. Alabama and Mississippi Territory: Act to Dispose of Illegally Imported Slaves.
"An Act concerning Slaves brought into this Territory, contrary to the Laws of the United States." Slaves to be sold at auction, and the proceeds to be divided between the territorial treasury and the collector or informer. Toulmin, Digest of the Laws of Alabama, p. 637; Statutes of Mississippi digested, etc. (ed. 1816), p. 389.
1816, Nov. 18. North Carolina: Act to Dispose of Illegally Imported Slaves.
"An act to direct the disposal of negroes, mulattoes and persons of colour, imported into this state, contrary to the provisions of an act of the Congress of the United States, entitled 'an act to prohibit the importation of slaves into any port or place, within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight.'"
§ 1. Every slave illegally imported after 1808 shall be sold for the use of the State.
§ 2. The sheriff shall seize and sell such slave, and pay the proceeds to the treasurer of the State.
§ 3. If the slave abscond, the sheriff may offer a reward not exceeding one-fifth of the value of the slave. Laws of North Carolina, 1816, ch. xii. p. 9; Laws of North Carolina (revision of 1819), II. 1350.
1816, Dec. 3. President Madison's Message.
"The United States having been the first to abolish, within the extent of their authority, the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves, and by punishing their citizens participating in the traffick, cannot but be gratified at the progress, made by concurrent efforts of other nations, towards a general suppression of so great an evil. They must feel, at the same time, the greater solicitude to give the fullest efficacy to their own regulations. With that view, the interposition of Congress appears to be required by the violations and evasions which, it is suggested, are chargeable on unworthy citizens, who mingle in the slave trade under foreign flags, and with foreign ports; and by collusive importations of slaves into the United States, through adjoining ports and territories. I present the subject to Congress, with a full assurance of their disposition to apply all the remedy which can be afforded by an amendment of the law. The regulations which
were intended to guard against abuses of a kindred character, in the trade between the several States, ought also to be rendered more effectual for their humane object." House Journal, 14 Cong. 2 sess. pp. 15–6.
1817, Feb. 11. Congress (House): Proposed Joint Resolution.
"Joint Resolution for abolishing the traffick in Slaves, and the Colinization [sic] of the Free People of Colour of the United States."
"Resolved, ... That the President be, and he is hereby authorized to consult and negotiate with all the governments where ministers of the United States are, or shall be accredited, on the means of effecting an entire and immediate abolition of the traffick in slaves. And, also, to enter into a convention with the government of Great Britain, for receiving into the colony of Sierra Leone, such of the free people of colour of the United States as, with their own consent, shall be carried thither....
"Resolved, That adequate provision shall hereafter be made to defray any necessary expenses which may be incurred in carrying the preceding resolution into effect." Reported on petition of the Colonization Society by the committee on the President's Message. No further record. House Journal, 14 Cong. 2 sess. pp. 25–7, 380; House Doc., 14 Cong. 2 sess. No. 77.
1817, July 28. [Great Britain and Portugal: First Concession of Right of Search.
"By this treaty, ships of war of each of the nations might visit merchant vessels of both, if suspected of having slaves on board, acquired by illicit traffic." This "related only to the trade north of the equator; for the slave-trade of Portugal within the regions of western Africa, to the south of the equator, continued long after this to be carried on with great vigor." Woolsey, International Law (1874), § 197, pp. 331–2; British and Foreign State Papers, 1816–17, pp. 85–118.]
1817, Sept. 23. [Great Britain and Spain: Abolition of Trade North of Equator.
"By the treaty of Madrid, ... Great Britain obtained from Spain, for the sum of four hundred thousand pounds, the immediate abolition of the trade north of the equator, its entire abolition after 1820, and the concession of the same mutual right of search, which the treaty with Portugal had just established." Woolsey, International Law (1874), § 197, p. 332; British and Foreign State Papers, 1816–17, pp. 33–74.]
1817, Dec. 2. President Monroe's Message on Amelia Island, etc.
"A just regard for the rights and interests of the United States required that they [i.e., the Amelia Island and Galveston pirates] should be suppressed, and orders have been accordingly issued to that effect. The imperious considerations which produced this measure will be explained to the parties whom it may, in any degree, concern." House Journal, 15 Cong. 1 sess. p. 11.
1817, Dec. 19. Georgia: Act to Dispose of Illegally Imported Slaves.
"An Act for disposing of any such negro, mulatto, or person of color, who has been or may hereafter be imported or brought into this State in violation of an act of the United States, entitled an act to prohibit the importation of slaves," etc.
§ 1. The governor by agent shall receive such Negroes, and,
§ 2. sell them, or,
§ 3. give them to the Colonization Society to be transported, on condition that the Society reimburse the State for all expense, and transport them at their own cost. Prince, Digest, p. 793.
1818, Jan. 10. Congress (House): Bill to Supplement Act of 1807.
Mr. Middleton, from the committee on so much of the President's Message as related to the illicit introduction
of slaves into the United States from Amelia Island, reported a bill in addition to former acts prohibiting the introduction of slaves into the United States. This was read twice and committed; April 1 it was considered in Committee of the Whole; Mr. Middleton offered a substitute, which was ordered to be laid on table and to be printed; it became the Act of 1819. See below, March 3, 1819. House Journal, 15 Cong. 1 sess. pp. 131, 410.
1818, Jan. 13. President Monroe's Special Message.
"I have the satisfaction to inform Congress, that the establishment at Amelia Island has been suppressed, and without the effusion of blood. The papers which explain this transaction, I now lay before Congress," etc. Ibid., pp. 137–9.
1818, Feb. 9. Congress (Senate): Bill to Register (?) Slaves.
"A bill respecting the transportation of persons of color, for sale, or to be held to labor." Passed Senate, dropped in House; similar bill Dec. 9, 1818, also dropped in House. Senate Journal, 15 Cong. 1 sess. pp. 147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15 Cong. 2 sess. pp. 63, 74, 77, 202, 207, 285, 291, 297; House Journal, 15 Cong. 1 sess. p. 332; 15 Cong. 2 sess. pp. 303, 305, 316.
1818, April 4. Congress (House): Proposition to Amend Constitution.
Mr. Livermore's resolution:—
"No person shall be held to service or labour as a slave, nor shall slavery be tolerated in any state hereafter admitted into the Union, or made one of the United States of America." Read, and on the question, "Will the House consider the same?" it was determined in the negative. House Journal, 15 Cong. 1 sess. pp. 420–1; Annals of Cong., 15 Cong. 1 sess. pp. 1675–6.
1818, April 20. United States Statute: Act in Addition to Act of 1807.
"An Act in addition to 'An act to prohibit the introduction [importation] of slaves into any port or
place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight,' and to repeal certain parts of the same." Statutes at Large, III. 450. For proceedings in Congress, see Senate Journal, 15 Cong. 1 sess. pp. 243, 304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; House Journal, 15 Cong. 1 sess. pp. 450, 452, 456, 468, 479, 484, 492,505.
1818, May 4. [Great Britain and Netherlands: Treaty.
Right of Search granted for the suppression of the slave-trade. British and Foreign State Papers, 1817–18, pp. 125–43.]
1818, Dec. 19. Georgia: Act of 1817 Reinforced.
No title found. "Whereas numbers of African slaves have been illegally introduced into the State, in direct violation of the laws of the United States and of this State, Be it therefore enacted," etc. Informers are to receive one-tenth of the net proceeds from the sale of illegally imported Africans, "Provided, nothing herein contained shall be so construed as to extend farther back than the year 1817." Prince, Digest, p. 798.
1819, Feb. 8. Congress (Senate): Bill in Addition to Former Acts.
"A bill supplementary to an act, passed the 2d day of March, 1807, entitled," etc. Postponed. Senate Journal, 15 Cong. 2 sess. pp. 234, 244, 311–2, 347.
1819, March 3. United States Statute: Cruisers Authorized, etc.
"An Act in addition to the Acts prohibiting the slave trade." Statutes at Large, III. 532. For proceedings in Congress, see Senate Journal, 15 Cong. 2 sess. pp. 338, 339, 343, 345, 350, 362; House Journal, 15 Cong. 2 sess. pp. 9–19, 42–3, 150, 179, 330, 334, 341, 343, 352.
1819, Dec. 7. President Monroe's Message.
"Due attention has likewise been paid to the suppression of the slave trade, in compliance with a law of the last session. Orders have been given to the
commanders of all our public ships to seize all vessels navigated under our flag, engaged in that trade, and to bring them in, to be proceeded against, in the manner prescribed by that law. It is hoped that these vigorous measures, supported by like acts by other nations, will soon terminate a commerce so disgraceful to the civilized world." House Journal, 16 Cong, 1 sess. p. 18.
1820, Jan. 19. Congress (House): Proposed Registry of Slaves.
"On motion of Mr. Cuthbert,
"Resolved, That the Committee on the Slave Trade be instructed to enquire into the expediency of establishing a registry of slaves, more effectually to prevent the importation of slaves into the United States, or the territories thereof." No further mention. Ibid., p. 150.
1820, Feb. 5. Congress (House): Proposition on Slave-Trade.
"Mr. Meigs submitted the following preamble and resolution:
"Whereas, slavery in the United States is an evil of great and increasing magnitude; one which merits the greatest efforts of this nation to remedy: Therefore,
"Resolved, That a committee be appointed to enquire into the expediency of devoting the public lands as a fund for the purpose of,
"1st, Employing a naval force competent to the annihilation of the slave trade;
"2dly, The emancipation of slaves in the United States; and,
"3dly, Colonizing them in such way as shall be conducive to their comfort and happiness, in Africa, their mother country." Read, and, on motion of Walker of North Carolina, ordered to lie on the table. Feb. 7, Mr. Meigs moved that the House now consider the above-mentioned resolution, but it was decided in the negative. Feb. 18, he made a similar motion and proceeded to discussion,
but was ruled out of order by the Speaker. He appealed, but the Speaker was sustained, and the House refused to take up the resolution. No further record appears. Ibid., pp. 196, 200, 227.
1820, Feb. 23. Massachusetts: Slavery in Western Territory.
"Resolve respecting Slavery":—
"The Committee of both Houses, who were appointed to consider 'what measures it may be proper for the Legislature of this Commonwealth to adopt, in the expression of their sentiments and views, relative to the interesting subject, now before Congress, of interdicting slavery in the New States, which may be admitted into the Union, beyond the River Mississippi,' respectfully submit the following report: ...
"Nor has this question less importance as to its influence on the slave trade. Should slavery be further permitted, an immense new market for slaves would be opened. It is well known that notwithstanding the strictness of our laws, and the vigilance of the government, thousands are now annually imported from Africa," etc. Massachusetts Resolves, May, 1819, to February, 1824, pp. 147–51.
1820, May 12. Congress (House): Resolution for Negotiation.
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to negociate with all the governments where ministers of the United States are or shall be accredited, on the means of effecting an entire and immediate abolition of the slave trade." Passed House, May 12, 1820; lost in Senate, May 15, 1820. House Journal, 16 Cong. 1 sess. pp. 497, 518, 520–21, 526; Annals of Cong., 16 Cong. 1 sess. pp. 697–700.
1820, May 15. United States Statute: Slave-Trade made Piracy.
"An act to continue in force 'An act to protect the commerce of the United States, and punish the
crime of piracy,' and also to make further provisions for punishing the crime of piracy." Continued by several statutes until passage of the Act of 1823, q.v. Statutes at Large, III. 600. For proceedings in Congress, see Senate Journal, 16 Cong. 1 sess. pp. 238, 241, 268, 286–7, 314, 331, 346, 350, 409, 412, 417, 422, 424, 425; House Journal, 16 Cong. 1 sess. pp. 453, 454, 494, 518, 520, 522, 537, 539, 540, 542. There was also a House bill, which was dropped: cf. House Journal, 16 Cong. 1 sess. pp. 21, 113, 280, 453, 494.
1820, Nov. 14. President Monroe's Message.
"In execution of the law of the last session, for the suppression of the slave trade, some of our public ships have also been employed on the coast of Africa, where several captures have already been made of vessels engaged in that disgraceful traffic." Senate Journal, 16 Cong. 2 sess. pp. 16–7.
1821, Feb. 15. Congress (House): Meigs's Resolution.
Mr. Meigs offered in modified form the resolutions submitted at the last session:—
"Whereas slavery, in the United States, is an evil, acknowledged to be of great and increasing magnitude, ... therefore,
"Resolved, That a committee be appointed to inquire into the expediency of devoting five hundred million acres of the public lands, next west of the Mississippi, as a fund for the purpose of, in the
"First place; Employing a naval force, competent to the annihilation of the slave trade," etc. Question to consider decided in the affirmative, 63 to 50; laid on the table, 66 to 55. House Journal, 16 Cong. 2 sess. p. 238; Annals of Cong., 16 Cong. 2 sess. pp. 1168–70.
1821, Dec. 3. President Monroe's Message.
"Like success has attended our efforts to suppress the slave trade. Under the flag of the United States, and the sanction of their papers, the trade may be considered as entirely suppressed; and, if any of our citizens are engaged in it, under the flag and
papers of other powers, it is only from a respect to the rights of those powers, that these offenders are not seized and brought home, to receive the punishment which the laws inflict. If every other power should adopt the same policy, and pursue the same vigorous means for carrying it into effect, the trade could no longer exist." House Journal, 17 Cong. 1 sess. p. 22.
1822, April 12. Congress (House): Proposed Resolution.
"Resolved, That the President of the United States be requested to enter into such arrangements as he may deem suitable and proper, with one or more of the maritime powers of Europe, for the effectual abolition of the slave trade." House Reports, 17 Cong. 1 sess. II. No. 92, p. 4; Annals of Cong., 17 Cong. 1 sess. p. 1538.
1822, June 18. Mississippi: Act on Importation, etc.
"An act, to reduce into one, the several acts, concerning slaves, free negroes, and mulattoes."
§ 2. Slaves born and resident in the United States, and not criminals, may be imported.
§ 3. No slave born or resident outside the United States shall be brought in, under penalty of $1,000 per slave. Travellers are excepted. Revised Code of the Laws of Mississippi (Natchez, 1824), p. 369.
1822, Dec. 3. President Monroe's Message.
"A cruise has also been maintained on the coast of Africa, when the season would permit, for the suppression of the slave-trade; and orders have been given to the commanders of all our public ships to seize our own vessels, should they find any engaged in that trade, and to bring them in for adjudication." House Journal, 17 Cong. 2 sess. pp. 12, 21.
1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported Slaves.
"An Act to carry into effect the laws of the United States prohibiting the slave trade."
§ 1. "Be it enacted, ... That the Governor of this state be ... authorized and required to appoint some suitable person, as the agent of the state, to receive all and every slave or slaves or persons of colour, who may have been brought into this state in violation of the laws of the United States, prohibiting the slave trade: Provided, that the authority of the said agent is not to extend to slaves who have been condemned and sold."
§ 2. The agent must give bonds.
§ 3. "And be it further enacted, That the said slaves, when so placed in the possession of the state, as aforesaid, shall be employed on such public work or works, as shall be deemed by the Governor of most value and utility to the public interest."
§ 4. A part may be hired out to support those employed in public work.
§ 5. "And be it further enacted, That in all cases in which a decree of any court having competent authority, shall be in favor of any or claimant or claimants, the said slaves shall be truly and faithfully, by said agent, delivered to such claimant or claimants: but in case of their condemnation, they shall be sold by such agent for cash to the highest bidder, by giving sixty days notice," etc. Acts of the Assembly of Alabama, 1822 (Cahawba, 1823), p. 62.
1823, Jan. 30. United States Statute: Piracy Act made Perpetual.
"An Act in addition to 'An act to continue in force "An act to protect the commerce of the United States, and punish the crime of piracy,"'" etc. Statutes at Large, III. 510–14, 721, 789. For proceedings in Congress, see Senate Journal, 17 Cong. 2 sess. pp. 61, 64, 70, 83, 98, 101, 106, 110, 111, 122, 137; House Journal, 17 Cong. 2 sess. pp. 73, 76, 156, 183, 189.
1823, Feb. 10. Congress (House): Resolution on Slave-Trade.
Mr. Mercer offered the following resolution:—
"Resolved, That the President of the United States be requested to enter upon, and to prosecute, from time to time, such negotiations with the several maritime powers of Europe and America, as he may deem expedient, for the effectual abolition of the African slave trade, and its ultimate denunciation as piracy, under the law of nations, by the consent of the civilized world." Agreed to Feb. 28; passed Senate. House Journal, 17 Cong. 2 sess. pp. 212, 280–82; Annals of Cong., 17 Cong. 2 sess. pp. 928, 1147–55.
1823, March 3. United States Statute: Appropriation.
"An Act making appropriations for the support of the navy," etc.
"To enable the President of the United States to carry into effect the act" of 1819, $50,000. Statutes at Large, III. 763, 764
1823. President: Proposed Treaties.
Letters to various governments in accordance with the resolution of 1823: April 28, to Spain; May 17, to Buenos Ayres; May 27, to United States of Colombia; Aug. 14, to Portugal. See above, Feb. 10, 1823. House Doc., 18 Cong. 1 sess. VI. No. 119.
1823, June 24. Great Britain: Proposed Treaty.
Adams, March 31, proposes that the trade be made piracy. Canning, April 8, reminds Adams of the treaty of Ghent and asks for the granting of a mutual Right of Search to suppress the slave-trade. The matter is further discussed until June 24. Minister Rush is empowered to propose a treaty involving the Right of Search, etc. This treaty was substantially the one signed (see below, March 13, 1824), differing principally in the first article.
"Article I. The two high contracting Powers, having each separately, by its own laws, subjected their subjects and citizens, who may be convicted of carrying on the illicit traffic in slaves on the coast of Africa, to the penalties of piracy, do hereby agree to use their influence, respectively, with the other maritime and civilized nations of the world, to the end that the said African slave trade may
be recognized, and declared to be, piracy, under the law of nations." House Doc., 18 Cong, 1 sess. VI. No. 119.
1824, Feb. 6. Congress (House): Proposition to Amend Constitution.
Mr. Abbot's resolution on persons of color:—
"That no part of the constitution of the United States ought to be construed, or shall be construed to authorize the importation or ingress of any person of color into any one of the United States, contrary to the laws of such state." Read first and second time and committed to the Committee of the Whole. House Journal, 18 Cong. 1 sess. p. 208; Annals of Cong., 18 Cong. 1 sess. p. 1399.
1824, March 13. Great Britain: Proposed Treaty of 1824.
"The Convention:"—
Art. I. "The commanders and commissioned officers of each of the two high contracting parties, duly authorized, under the regulations and instructions of their respective Governments, to cruize on the coasts of Africa, of America, and of the West Indies, for the suppression of the slave trade," shall have the power to seize and bring into port any vessel owned by subjects of the two contracting parties, found engaging in the slave-trade. The vessel shall be taken for trial to the country where she belongs.
Art. II. Provides that even if the vessel seized does not belong to a citizen or citizens of either of the two contracting parties, but is chartered by them, she may be seized in the same way as if she belonged to them.
Art. III. Requires that in all cases where any vessel of either party shall be boarded by any naval officer of the other party, on suspicion of being concerned in the slave-trade, the officer shall deliver to the captain of the vessel so boarded a certificate in writing, signed by the naval officer, specifying his rank, etc., and the object of his visit. Provision is made for the delivery of ships and papers to the
tribunal before which they are brought.
Art. IV. Limits the Right of Search, recognized by the Convention, to such investigation as shall be necessary to ascertain the fact whether the said vessel is or is not engaged in the slave-trade. No person shall be taken out of the vessel so visited unless for reasons of health.
Art. V. Makes it the duty of the commander of either nation, having captured a vessel of the other under the treaty, to receive unto his custody the vessel captured, and send or carry it into some port of the vessel's own country for adjudication, in which case triplicate declarations are to be signed, etc.
Art. VI. Provides that in cases of capture by the officer of either party, on a station where no national vessel is cruising, the captor shall either send or carry his prize to some convenient port of its own country for adjudication, etc.
Art. VII. Provides that the commander and crew of the captured vessel shall be proceeded against as pirates, in the ports to which they are brought, etc.
Art. VIII. Confines the Right of Search, under this treaty, to such officers of both parties as are especially authorized to execute the laws of their countries in regard to the slave-trade. For every abusive exercise of this right, officers are to be personally liable in costs and damages, etc.
Art. IX. Provides that the government of either nation shall inquire into abuses of this Convention and of the laws of the two countries, and inflict on guilty officers the proper punishment.
Art. X. Declares that the right, reciprocally conceded by this treaty, is wholly and exclusively founded on the consideration that the two nations have by their laws made the slave-trade piracy, and is not to be taken to affect in any other way the rights of the parties, etc.; it further engages that each power shall use its influence with all other civilized
powers, to procure from them the acknowledgment that the slave-trade is piracy under the law of nations.
Art. XI. Provides that the ratifications of the treaty shall be exchanged at London within twelve months, or as much sooner as possible. Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824.
The above is a synopsis of the treaty as it was laid before the Senate. It was ratified by the Senate with certain conditions, one of which was that the duration of this treaty should be limited to the pleasure of the two parties on six months' notice; another was that the Right of Search should be limited to the African and West Indian seas: i.e., the word "America" was struck out. This treaty as amended and passed by the Senate (cf. above, p. 141) was rejected by Great Britain. A counter project was suggested by her, but not accepted (cf. above, p. 144). The striking out of the word "America" was declared to be the insuperable objection. Senate Doc., 18 Cong. 2 sess. I. No. 1, pp. 15–20; Niles's Register, 3rd Series, XXVI. 230–2. For proceedings in Senate, see Amer. State Papers, Foreign, V. 360–2.
1824, March 31. [Great Britain: Slave-Trade made Piracy.
"An Act for the more effectual Suppression of the African Slave Trade."
Any person engaging in the slave-trade "shall be deemed and adjudged guilty of Piracy, Felony and Robbery, and being convicted thereof shall suffer Death without Benefit of Clergy, and Loss of Lands, Goods and Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer," etc. Statute 5 George IV., ch. 17; Amer. State Papers, Foreign, V. 342.]
1824, April 16. Congress (House): Bill to Suppress Slave-Trade.
"Mr. Govan, from the committee to which was referred so much of the President's Message as
relates to the suppression of the Slave Trade, reported a bill respecting the slave trade; which was read twice, and committed to a Committee of the Whole."
§ 1. Provided a fine not exceeding $5,000, imprisonment not exceeding 7 years, and forfeiture of ship, for equipping a slaver even for the foreign trade; and a fine not exceeding $3,000, and imprisonment not exceeding 5 years, for serving on board any slaver. Annals of Cong., 18 Cong. 1 sess. pp. 2397–8; House Journal, 18 Cong. 1 sess. pp. 26, 180, 181, 323, 329, 356, 423.
1824, May 21. President Monroe's Message on Treaty of 1824.
Amer. State Papers, Foreign, V. 344–6.
1824, Nov. 6. [Great Britain and Sweden: Treaty.
Right of Search granted for the suppression of the slave-trade. British and Foreign State Papers, 1824–5, pp. 3–28.]
1824, Nov. 6. Great Britain: Counter Project of 1825.
Great Britain proposes to conclude the treaty as amended by the Senate, if the word "America" is reinstated in Art. I. (Cf. above, March 13, 1824.) February 16, 1825, the House Committee favors this project; March 2, Addington reminds Adams of this counter proposal; April 6, Clay refuses to reopen negotiations on account of the failure of the Colombian treaty. Amer. State Papers, Foreign, V. 367; House Reports, 18 Cong. 2 sess. I. No. 70; House Doc., 19 Cong. 1 sess. I. No. 16.
1824, Dec. 7. President Monroe's Message.
"It is a cause of serious regret, that no arrangement has yet been finally concluded between the two Governments, to secure, by joint co-operation, the suppression of the slave trade. It was the object of the British Government, in the early stages of the negotiation, to adopt a plan for the suppression, which should include the concession of the mutual right of search by the ships of war of each party, of the vessels of the other, for suspected
offenders. This was objected to by this Government, on the principle that, as the right of search was a right of war of a belligerant towards a neutral power, it might have an ill effect to extend it, by treaty, to an offence which had been made comparatively mild, to a time of peace. Anxious, however, for the suppression of this trade, it was thought adviseable, in compliance with a resolution of the House of Representatives, founded on an act of Congress, to propose to the British Government an expedient, which should be free from that objection, and more effectual for the object, by making it piratical.... A convention to this effect was concluded and signed, in London," on the 13th of March, 1824, "by plenipotentiaries duly authorized by both Governments, to the ratification of which certain obstacles have arisen, which are not yet entirely removed." [For the removal of which, the documents relating to the negotiation are submitted for the action of Congress]....
"In execution of the laws for the suppression of the slave trade, a vessel has been occasionally sent from that squadron to the coast of Africa, with orders to return thence by the usual track of the slave ships, and to seize any of our vessels which might be engaged in that trade. None have been found, and, it is believed, that none are thus employed. It is well known, however, that the trade still exists under other flags." House Journal, 18 Cong. 2 sess. pp. 11, 12, 19, 27, 241; House Reports, 18 Cong. 2 sess. I. No. 70; Gales and Seaton, Register of Debates, I. 625–8, and Appendix, p. 2 ff.
1825, Feb. 21. United States of Colombia: Proposed Treaty.
The President sends to the Senate a treaty with the United States of Colombia drawn, as United States Minister Anderson said, similar to that signed at London, with the alterations made by the Senate. March 9, 1825, the Senate rejects this
treaty. Amer. State Papers, Foreign, V. 729–35.
1825, Feb. 28. Congress (House): Proposed Resolution on Slave-Trade.
Mr. Mercer laid on the table the following resolution:—
"Resolved, That the President of the United States be requested to enter upon, and prosecute from time to time, such negotiations with the several maritime powers of Europe and America, as he may deem expedient for the effectual abolition of the slave trade, and its ultimate denunciation, as piracy, under the law of nations, by the consent of the civilized world." The House refused to consider the resolution. House Journal, 18 Cong. 2 sess. p. 280; Gales and Seaton, Register of Debates, I. 697, 736.
1825, March 3. Congress (House): Proposed Resolution against Right of Search.
"Mr. Forsyth submitted the following resolution:
"Resolved, That while this House anxiously desires that the Slave Trade should be, universally, denounced as Piracy, and, as such, should be detected and punished under the law of nations, it considers that it would be highly inexpedient to enter into engagements with any foreign power, by which all the merchant vessels of the United States would be exposed to the inconveniences of any regulation of search, from which any merchant vessels of that foreign power would be exempted." Resolution laid on the table. House Journal, 18 Cong. 2 sess. pp. 308–9; Gales and Seaton, Register of Debates, I. 739.
1825, Dec. 6. President Adams's Message.
"The objects of the West India Squadron have been, to carry into execution the laws for the suppression of the African Slave Trade: for the protection of our commerce against vessels of piratical character.... These objects, during the present year, have been accomplished more effectually than at any former period. The African Slave Trade has
long been excluded from the use of our flag; and if some few citizens of our country have continued to set the laws of the Union, as well as those of nature and humanity, at defiance, by persevering in that abominable traffic, it has been only by sheltering themselves under the banners of other nations, less earnest for the total extinction of the trade than ours." House Journal, 19 Cong. 1 sess. pp. 20, 96, 296–7, 305, 323, 329, 394–5, 399, 410, 414, 421, 451, 640.
1826, Feb. 14. Congress (House): Proposition to Repeal Parts of Act of 1819.
"Mr. Forsyth submitted the following resolutions, viz.:
1. "Resolved, That it is expedient to repeal so much of the act of the 3d March, 1819, entitled, 'An act in addition to the acts prohibiting the slave trade,' as provides for the appointment of agents on the coast of Africa.
2. "Resolved, That it is expedient so to modify the said act of the 3d of March, 1819, as to release the United States from all obligation to support the negroes already removed to the coast of Africa, and to provide for such a disposition of those taken in slave ships who now are in, or who may be, hereafter, brought into the United States, as shall secure to them a fair opportunity of obtaining a comfortable subsistence, without any aid from the public treasury." Read and laid on the table. Ibid., p. 258.
1826, March 14. United States Statute: Appropriation.
"An Act making appropriations for the support of the navy," etc.
"For the agency on the coast of Africa, for receiving the negroes," etc., $32,000. Statutes at Large, IV. 140, 141.
1827, March 2. United States Statute: Appropriation.
"An Act making appropriations for the support of the Navy," etc.
"For the agency on the coast of Africa," etc., $56,710. Ibid., W. 206, 208.
1827, March 11. Texas: Introduction of Slaves Prohibited.
Constitution of the State of Coahuila and Texas. Preliminary Provisions:—
Art. 13. "From and after the promulgation of the constitution in the capital of each district, no one shall be born a slave in the state, and after six months the introduction of slaves under any pretext shall not be permitted." Laws and Decrees of Coahuila and Texas (Houston, 1839), p. 314.
1827, Sept. 15. Texas: Decree against Slave-Trade.
"The Congress of the State of Coahuila and Texas decrees as follows:"
Art. 1. All slaves to be registered.
Art. 2, 3. Births and deaths to be recorded.
Art. 4. "Those who introduce slaves, after the expiration of the term specified in article 13 of the Constitution, shall be subject to the penalties established by the general law of the 13th of July, 1824." Ibid., pp. 78–9.
1828, Feb. 25. Congress (House): Proposed Bill to Abolish African Agency, etc.
"Mr. McDuffie, from the Committee of Ways and Means, ... reported the following bill:
"A bill to abolish the Agency of the United States on the Coast of Africa, to provide other means of carrying into effect the laws prohibiting the slave trade, and for other purposes." This bill was amended so as to become the act of May 24, 1828 (see below). House Reports, 21 Cong. 1 sess. III. No. 348, p. 278.
1828, May 24. United States Statute: Appropriation.
"An Act making an appropriation for the suppression of the slave trade." Statutes at Large, IV. 302; House Journal, 20 Cong. 1 sess., House Bill No. 190.
1829, Jan. 28. Congress (House): Bill to Amend Act of 1807.
The Committee on Commerce reported "a bill (No. 399) to amend an act, entitled 'An act to prohi
bit the importation of slaves,'" etc. Referred to Committee of the Whole. House Journal, 20 Cong. 2 sess. pp. 58, 84, 215. Cf. Ibid., 20 Cong. 1 sess. pp. 121, 135.
1829, March 2. United States Statute: Appropriation.
"An Act making additional appropriations for the support of the navy," etc.
"For the reimbursement of the marshal of Florida for expenses incurred in the case of certain Africans who were wrecked on the coast of the United States, and for the expense of exporting them to Africa," $16,000. Statutes at Large, IV. 353, 354.
1830, April 7. Congress (House): Resolution against Slave-Trade.
Mr. Mercer reported the following resolution:—
"Resolved, That the President of the United States be requested to consult and negotiate with all the Governments where Ministers of the United States are, or shall be accredited, on the means of effecting an entire and immediate abolition of the African slave trade; and especially, on the expediency, with that view, of causing it to be universally denounced as piratical." Referred to Committee of the Whole; no further action recorded. House Journal, 21 Cong. 1 sess. p. 512.
1830, April 7. Congress (House): Proposition to Amend Act of March 3, 1819.
Mr. Mercer, from the committee to which was referred the memorial of the American Colonization Society, and also memorials, from the inhabitants of Kentucky and Ohio, reported with a bill (No. 412) to amend "An act in addition to the acts prohibiting the slave trade," passed March 3, 1819. Read twice and referred to Committee of the Whole. Ibid.
1830, May 31. Congress (Statute): Appropriation.
"An Act making a re-appropriation of a sum heretofore appropriated for the suppression of the slave trade." Statutes at Large, IV. 425; Senate Journal, 21 Cong. 1 sess. pp. 359, 360, 383; House Journal, 21
Cong. 1 sess. pp. 624, 808–11.
1830. [Brazil: Prohibition of Slave-Trade.
Slave-trade prohibited under severe penalties.]
1831, 1833. [Great Britain and France: Treaty Granting Right of Search.
Convention between Great Britain and France granting a mutual limited Right of Search on the East and West coasts of Africa, and on the coasts of the West Indies and Brazil. British and Foreign State Papers, 1830–1, p. 641 ff; 1832–3, p. 286 ff.]
1831, Feb. 16. Congress (House): Proposed Resolution on Slave-Trade.
"Mr. Mercer moved to suspend the rule of the House in regard to motions, for the purpose of enabling himself to submit a resolution requesting the Executive to enter into negotiations with the maritime Powers of Europe, to induce them to enact laws declaring the African slave trade piracy, and punishing it as such." The motion was lost. Gales and Seaton, Register of Debates, VII. 726.
1831, March 2. United States Statute: Appropriation.
"An Act making appropriations for the naval service," etc.
"For carrying into effect the acts for the suppression of the slave trade," etc., $16,000. Statutes at Large, IV. 460, 462.
1831, March 3. Congress (House): Resolution as to Treaties.
"Mr. Mercer moved to suspend the rule to enable him to submit the following resolution:
"Resolved, That the President of the United States be requested to renew, and to prosecute from time to time, such negotiations with the several maritime powers of Europe and America as he may deem expedient for the effectual abolition of the African slave trade, and its ultimate denunciation as piracy, under the laws of nations, by the consent of the civilized world." The rule was suspended by a vote of 108 to 36, and the resolution passed, 118 to 32. House Journal, 21 Cong. 2 sess.pp. 426–8.
1833, Feb. 20. United States Statute: Appropriation.
"An Act making appropriations for the naval service," etc.
" ... for carrying into effect the acts for the suppression of the slave trade," etc., $5,000. Statutes at Large, IV. 614, 615.
1833, August. Great Britain and France: Proposed Treaty with the United States.
British and French ministers simultaneously invited the United States to accede to the Convention just concluded between them for the suppression of the slave-trade. The Secretary of State, Mr. M'Lane, deferred answer until the meeting of Congress, and then postponed negotiations on account of the irritable state of the country on the slave question. Great Britain had proposed that "A reciprocal right of search ... be conceded by the United States, limited as to place, and subject to specified restrictions. It is to be employed only in repressing the Slave Trade, and to be exercised under a written and specific authority, conferred on the Commander of the visiting ship." In the act of accession, "it will be necessary that the right of search should be extended to the coasts of the United States," and Great Britain will in turn extend it to the British West Indies. This proposal was finally refused, March 24, 1834, chiefly, as stated, because of the extension of the Right of Search to the coasts of the United States. This part was waived by Great Britain, July 7, 1834. On Sept. 12 the French Minister joined in urging accession. On Oct. 4, 1834, Forsyth states that the determination has "been definitely formed, not to make the United States a party to any Convention on the subject of the Slave Trade." Parliamentary Papers, 1835, Vol. LI., Slave Trade, Class B., pp. 84–92.
1833, Dec. 23. Georgia: Slave-Trade Acts Amended.
"An Act to reform, amend, and consolidate the penal laws of the State of Georgia."
13th Division. "Offences relative to Slaves":—
§ 1. "If any person or persons shall bring, import, or introduce into this State, or aid or assist, or knowingly become concerned or interested, in bringing, importing, or introducing into this State, either by land or by water, or in any manner whatever, any slave or slaves, each and every such person or persons so offending, shall be deemed principals in law, and guilty of a high misdemeanor, and ... on conviction, shall be punished by a fine not exceeding five hundred dollars each, for each and every slave, ... and imprisonment and labor in the penitentiary for any time not less than one year, nor longer than four years." Residents, however, may bring slaves for their own use, but must register and swear they are not for sale, hire, mortgage, etc.
§ 6. Penalty for knowingly receiving such slaves, $500. Slightly amended Dec. 23, 1836, e.g., emigrants were allowed to hire slaves out, etc.; amended Dec. 19, 1849, so as to allow importation of slaves from "any other slave holding State of this Union." Prince, Digest, pp. 619, 653, 812; Cobb, Digest, II. 1018.
1834, Jan. 24. United States Statute: Appropriation.
"An Act making appropriations for the naval service," etc.
"For carrying into effect the acts for the suppression of the slave trade," etc., $5,000. Statutes at Large, IV. 670, 671.
1836, March 17. Texas: African Slave-Trade Prohibited.
Constitution of the Republic of Texas: General Provisions:—
§ 9. All persons of color who were slaves for life before coming to Texas shall remain so. "Congress shall pass no laws to prohibit emigrants from bringing their slaves into the republic with them, and holding them by the same tenure by which such slaves were held in the United States; ... the importation
or admission of Africans or negroes into this republic, excepting from the United States of America, is forever prohibited, and declared to be piracy." Laws of the Republic of Texas (Houston, 1838), I. 19.
1836, Dec. 21. Texas: Slave-Trade made Piracy.
"An Act supplementary to an act, for the punishment of Crimes and Misdemeanors."
§ 1. "Be it enacted ..., That if any person or persons shall introduce any African negro or negroes, contrary to the true intent and meaning of the ninth section of the general provisions of the constitution, ... except such as are from the United States of America, and had been held as slaves therein, be considered guilty of piracy; and upon conviction thereof, before any court having cognizance of the same, shall suffer death, without the benefit of clergy."
§ 2. The introduction of Negroes from the United States of America, except of those legally held as slaves there, shall be piracy. Ibid., I. 197. Cf. House Doc., 27 Cong. 1 sess. No. 34, p. 42.
1837, March 3. United States Statute: Appropriation.
"An Act making appropriations for the naval service," etc.
"For carrying into effect the acts for the suppression of the slave trade," etc., $11,413.57. Statutes at Large, V. 155, 157.
1838, March 19. Congress (Senate): Slave-Trade with Texas, etc.
"Mr. Morris submitted the following motion for consideration:
"Resolved, That the Committee on the Judiciary be instructed to inquire whether the present laws of the United States, on the subject of the slave trade, will prohibit that trade being carried on between citizens of the United States and citizens of the Republic of Texas, either by land or by sea; and whether it would be lawful in vessels owned by citizens of that Republic, and not lawful in
vessels owned by citizens of this, or lawful in both, and by citizens of both countries; and also whether a slave carried from the United States into a foreign country, and brought back, on returning into the United States, is considered a free person, or is liable to be sent back, if demanded, as a slave, into that country from which he or she last came; and also whether any additional legislation by Congress is necessary on any of these subjects." March 20, the motion of Mr. Walker that this resolution "lie on the table," was determined in the affirmative, 32 to 9. Senate Journal, 25 Cong. 2 sess. pp. 297–8, 300.
1839, Feb. 5. Congress (Senate): Bill to Amend Slave-Trade Acts.
"Mr. Strange, on leave, and in pursuance of notice given, introduced a bill to amend an act entitled an act to prohibit the importation of slaves into any port in the jurisdiction of the United States; which was read twice, and referred to the Committee on Commerce." March 1, the Committee was discharged from further consideration of the bill. Congressional Globe, 25 Cong. 3 sess. p. 172; Senate Journal, 25 Cong. 3 sess. pp. 200, 313.
1839, Dec. 24. President Van Buren's Message.
"It will be seen by the report of the Secretary of the navy respecting the disposition of our ships of war, that it has been deemed necessary to station a competent force on the coast of Africa, to prevent a fraudulent use of our flag by foreigners.
"Recent experience has shown that the provisions in our existing laws which relate to the sale and transfer of American vessels while abroad, are extremely defective. Advantage has been taken of these defects to give to vessels wholly belonging to foreigners, and navigating the ocean, an apparent American ownership. This character has been so well simulated as to afford them comparative security in prosecuting the slave trade, a traffic emphatically denounced in our statutes, regarded
with abhorrence by our citizens, and of which the effectual suppression is nowhere more sincerely desired than in the United States. These circumstances make it proper to recommend to your early attention a careful revision of these laws, so that ... the integrity and honor of our flag may be carefully preserved." House Journal, 26 Cong. 1 sess. pp. 117–8.
1840, Jan. 3. Congress (Senate): Bill to Amend Act of 1807.
"Agreeably to notice, Mr. Strange asked and obtained leave to bring in a bill (Senate, No. 123) to amend an act entitled 'An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the 1st day of January, in the year 1808,' approved the 2d day of March, 1807; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary." Jan. 8, it was reported without amendment; May 11, it was considered, and, on motion by Mr. King, "Ordered, That it lie on the table." Senate Journal, 26 Cong. 1 sess. pp. 73, 87, 363.
1840, May 4. Congress (Senate): Bill on Slave-Trade.
"Mr. Davis, from the Committee on Commerce, reported a bill (Senate, No. 335) making further provision to prevent the abuse of the flag of the United States, and the use of unauthorized papers in the foreign slavetrade, and for other purposes." This passed the Senate, but was dropped in the House. Ibid., pp. 356, 359, 440, 442; House Journal, 26 Cong. 1 sess. pp. 1138, 1228, 1257.
1841, June 1. Congress (House): President Tyler's Message.
"I shall also, at the proper season, invite your attention to the statutory enactments for the suppression of the slave trade, which may require to be rendered more efficient in their provisions. There is reason to believe that the traffic is on the increase. Whether such increase is to be ascribed to the abolition of slave labor in the British possessions
in our vicinity, and an attendant diminution in the supply of those articles which enter into the general consumption of the world, thereby augmenting the demand from other quarters, ... it were needless to inquire. The highest considerations of public honor, as well as the strongest promptings of humanity, require a resort to the most vigorous efforts to suppress the trade." House Journal, 27 Cong. 1 sess. pp. 31, 184.
1841, Dec. 7. President Tyler's Message.
Though the United States is desirous to suppress the slave-trade, she will not submit to interpolations into the maritime code at will by other nations. This government has expressed its repugnance to the trade by several laws. It is a matter for deliberation whether we will enter upon treaties containing mutual stipulations upon the subject with other governments. The United States will demand indemnity for all depredations by Great Britain.
"I invite your attention to existing laws for the suppression of the African slave trade, and recommend all such alterations as may give to them greater force and efficacy. That the American flag is grossly abused by the abandoned and profligate of other nations is but too probable. Congress has, not long since, had this subject under its consideration, and its importance well justifies renewed and anxious attention." House Journal, 27 Cong. 2 sess. pp. 14–5, 86, 113.
1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and France: Quintuple Treaty.] British and Foreign State Papers, 1841–2, p. 269 ff.
1842, Feb. 15. Right of Search: Cass's Protest.
Cass writes to Webster, that, considering the fact that the signing of the Quintuple Treaty would oblige the participants to exercise the Right of Search denied by the United States, or to make a change in the hitherto recognized law of nations, he, on his own responsibility, addressed the following
protest to the French Minister of Foreign Affairs, M. Guizot:—
"Legation of the United States, "Paris, February 13, 1842.
"Sir: The recent signature of a treaty, having for its object the suppression of the African slave trade, by five of the powers of Europe, and to which France is a party, is a fact of such general notoriety that it may be assumed as the basis of any diplomatic representations which the subject may fairly require."
The United States is no party to this treaty. She denies the Right of Visitation which England asserts. [Quotes from the presidential message of Dec. 7, 1841.] This principle is asserted by the treaty.
" ... The moral effect which such a union of five great powers, two of which are eminently maritime, but three of which have perhaps never had a vessel engaged in that traffic, is calculated to produce upon the United States, and upon other nations who, like them, may be indisposed to these combined movements, though it may be regretted, yet furnishes no just cause of complaint. But the subject assumes another aspect when they are told by one of the parties that their vessels are to be forcibly entered and examined, in order to carry into effect these stipulations. Certainly the American Government does not believe that the high powers, contracting parties to this treaty, have any wish to compel the United States, by force, to adopt their measures to its provisions, or to adopt its stipulations ...; and they will see with pleasure the prompt disavowal made by yourself, sir, in the name of your country, ... of any intentions of this nature. But were it otherwise, ... They would prepare themselves with apprehension, indeed, but without dismay—with regret, but with firmness—for one of those desperate struggles which have sometimes occurred
If, as England says, these treaties cannot be executed without visiting United States ships, then France must pursue the same course. It is hoped, therefore, that his Majesty will, before signing this treaty, carefully examine the pretensions of England and their compatibility with the law of nations and the honor of the United States. Senate Doc., 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. VIII. No. 377, pp. 192–5.
1842, Feb. 26. Mississippi: Resolutions on Creole Case.
The following resolutions were referred to the Committee on Foreign Affairs in the United States Congress, House of Representatives, May 10, 1842:
"Whereas, the right of search has never been yielded to Great Britain," and the brig Creole has not been surrendered by the British authorities, etc., therefore,
§ 1. "Be it resolved by the Legislature of the State of Mississippi, That ... the right of search cannot be conceded to Great Britain without a manifest servile submission, unworthy a free nation....
§ 2. "Resolved, That any attempt to detain and search our vessels, by British cruisers, should be held and esteemed an unjustifiable outrage on the part of the Queen's Government; and that any such outrage, which may have occurred since Lord Aberdeen's note to our envoy at the Court of St. James, of date October thirteen, eighteen hundred and forty-one, (if any,) may well be deemed, by our Government, just cause of war."
§ 3. "Resolved, That the Legislature of the State, in view of the late murderous insurrection of the slaves on board the Creole, their reception in a British port, the absolute connivance at their crimes, manifest in the protection extended to them by the British authorities, most solemnly declare their firm conviction that, if the conduct of those authorities be submitted to, compounded for by the payment of money, or in any other
manner, or atoned for in any mode except by the surrender of the actual criminals to the Federal Government, and the delivery of the other identical slaves to their rightful owner or owners, or his or their agents, the slaveholding States would have most just cause to apprehend that the American flag is powerless to protect American property; that the Federal Government is not sufficiently energetic in the maintenance and preservation of their peculiar rights; and that these rights, therefore, are in imminent danger."
§ 4. Resolved, That restitution should be demanded "at all hazards." House Doc., 27 Cong. 2 sess. IV. No. 215.
1842, March 21. Congress (House): Giddings's Resolutions.
Mr. Giddings moved the following resolutions:—
§ 5. "Resolved, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and therefore are governed in their relations to each other by, and are amenable to, the laws of the United States."
§ 6. Resolved, That the slaves in the brig Creole are amenable only to the laws of the United States.
§ 7. Resolved, That those slaves by resuming their natural liberty violated no laws of the United States.
§ 8. Resolved, That all attempts to re-enslave them are unconstitutional, etc.
Moved that these resolutions lie on the table; defeated, 53 to 125. Mr. Giddings withdrew the resolutions. Moved to censure Mr. Giddings, and he was finally censured. House Journal, 27 Cong. 2 sess. pp. 567–80.
1842, May 10. Congress (House): Remonstrance of Mississippi against Right of Search.
"Mr. Gwin presented resolutions of the Legislature of the State of Mississippi, against granting the right of search to Great Britain for the purpose of suppressing
the African slave trade; urging the Government to demand of the British Government redress and restitution in relation to the case of the brig Creole and the slaves on board." Referred to the Committee on Foreign Affairs. House Journal, 27 Cong. 2 sess. p. 800.
1842, Aug. 4. United States Statute: Appropriation.
"An Act making appropriations for the naval service," etc.
"For carrying into effect the acts for the suppression of the slave trade," etc. $10,543.42. Statutes at Large, V. 500, 501.
1842, Nov. 10. Joint-Cruising Treaty with Great Britain.
"Treaty to settle and define boundaries; for the final suppression of the African slave-trade; and for the giving up of criminals fugitive from justice. Concluded August 9, 1842; ratifications exchanged at London October 13, 1842; proclaimed November 10, 1842." Articles VIII., and IX. Ratified by the Senate by a vote of 39 to 9, after several unsuccessful attempts to amend it. U.S. Treaties and Conventions (1889), pp. 436–7; Senate Exec. Journal, VI. 118–32.
1842, Dec. 7. President Tyler's Message.
The treaty of Ghent binds the United States and Great Britain to the suppression of the slave-trade. The Right of Search was refused by the United States, and our Minister in France for that reason protested against the Quintuple Treaty; his conduct had the approval of the administration. On this account the eighth article was inserted, causing each government to keep a flotilla in African waters to enforce the laws. If this should be done by all the powers, the trade would be swept from the ocean. House Journal, 27 Cong. 3 sess. pp. 16–7.
1843, Feb. 22. Congress (Senate): Appropriation Opposed.
Motion by Mr. Benton, during debate on naval appropriations, to strike out appropriation "for the support of Africans recaptured on the coast of Africa
or elsewhere, and returned to Africa by the armed vessels of the United States, $5,000." Lost; similar proposition by Bagby, lost. Proposition to strike out appropriation for squadron, lost. March 3, bill becomes a law, with appropriation for Africans, but without that for squadron. Congressional Globe, 27 Cong. 3 sess. pp. 328, 331–6; Statutes at Large, V. 615.
1845, Feb. 20. President Tyler's Special Message to Congress.
Message on violations of Brazilian slave-trade laws by Americans. House Journal, 28 Cong. 2 sess. pp. 425, 463; House Doc., 28 Cong. 2 sess. IV. No. 148. Cf. Ibid., 29 Cong. 1 sess. III. No. 43.
1846, Aug. 10. United States Statute: Appropriation.
"For carrying into effect the acts for the suppression of the slave trade, including the support of recaptured Africans, and their removal to their country, twenty-five thousand dollars." Statutes at Large, IX. 96.
1849, Dec. 4. President Taylor's Message.
"Your attention is earnestly invited to an amendment of our existing laws relating to the African slave-trade, with a view to the effectual suppression of that barbarous traffic. It is not to be denied that this trade is still, in part, carried on by means of vessels built in the United States, and owned or navigated by some of our citizens." House Exec. Doc., 31 Cong. 1 sess. III. No. 5, pp. 7–8.
1850, Aug. 1. Congress (House): Bill for War Steamers.
"A bill (House, No. 367) to establish a line of war steamers to the coast of Africa for the suppression of the slave trade and the promotion of commerce and colonization." Read twice, and referred to Committee of the Whole. House Journal, 31 Cong. 1 sess. pp. 1022, 1158, 1217.
1850, Dec. 16. Congress (House): Treaty of Washington.
"Mr. Burt, by unanimous consent, introduced a joint resolution (No. 28) 'to terminate the eighth article of the treaty between the United States and Great
Britain concluded at Washington the ninth day of August, 1842.'" Read twice, and referred to the Committee on Naval Affairs. Ibid., 31 Cong. 2 sess. p. 64.
1851, Jan. 22. Congress (Senate): Resolution on Sea Letters.
"The following resolution, submitted by Mr. Clay the 20th instant, came up for consideration:—
"Resolved, That the Committee on Commerce be instructed to inquire into the expediency of making more effectual provision by law to prevent the employment of American vessels and American seamen in the African slave trade, and especially as to the expediency of granting sea letters or other evidence of national character to American vessels clearing out of the ports of the empire of Brazil for the western coast of Africa." Agreed to. Congressional Globe, 31 Cong. 2 sess. pp. 304–9; Senate Journal, 31 Cong. 2 sess. pp. 95, 102–3.
1851, Feb. 19. Congress (Senate): Bill on Slave-Trade.
"A bill (Senate, No. 472) concerning the intercourse and trade of vessels of the United States with certain places on the eastern and western coasts of Africa, and for other purposes." Read once. Senate Journal, 31 Cong. 2 sess. pp. 42, 45, 84, 94, 159, 193–4; Congressional Globe, 31 Cong. 2 sess. pp. 246–7.
1851, Dec. 3. Congress (House): Bill to Amend Act of 1807.
Mr. Giddings gave notice of a bill to repeal §§ 9 and 10 of the act to prohibit the importation of slaves, etc. from and after Jan. 1, 1808. House Journal, 32 Cong. 1 sess. p. 42. Cf. Ibid., 33 Cong. 1 sess. p. 147.
1852, Feb. 5. Alabama: Illegal Importations.
By code approved on this date:—
§§ 2058–2062. If slaves have been imported contrary to law, they are to be sold, and one fourth paid to the agent or informer and the residue to the treasury. An agent is to be appointed to take charge of such slaves, who is to give bond. Pending
controversy, he may hire the slaves out. Ormond, Code of Alabama, pp. 392–3.
1853, March 3. Congress (Senate): Appropriation Proposed.
A bill making appropriations for the naval service for the year ending June 30, 1854. Mr. Underwood offered the following amendment:—
"For executing the provisions of the act approved 3d of March, 1819, entitled 'An act in addition to the acts prohibiting the slave trade,' $20,000." Amendment agreed to, and bill passed. It appears, however, to have been subsequently amended in the House, and the appropriation does not stand in the final act. Congressional Globe, 32 Cong. 2 sess. p. 1072; Statutes at Large, X. 214.
1854, May 22. Congress (Senate): West India Slave-Trade.
Mr. Clayton presented the following resolution, which was unanimously agreed to:—
"Resolved, That the Committee on Foreign Relations be instructed to inquire into the expediency of providing by law for such restrictions on the power of American consuls residing in the Spanish West India islands to issue sea letters on the transfer of American vessels in those islands, as will prevent the abuse of the American flag in protecting persons engaged in the African slave trade." June 26, 1854, this committee reported "a bill (Senate, No. 416) for the more effectual suppression of the slave-trade in American built vessels." Passed Senate, postponed in House. Senate Journal, 33 Cong. 1 sess. pp. 404, 457–8, 472–3, 476; House Journal, 33 Cong. 1 sess. pp. 1093, 1332–3; Congressional Globe, 33 Cong. 1 sess. pp. 1257–61, 1511–3, 1591–3, 2139.
1854, May 29. Congress (Senate): Treaty of Washington.
Resolved, "that, in the opinion of the Senate, it is expedient, and in conformity with the interests and sound policy of the United States, that the eighth article of the treaty between this government and Great Britain, of the 9th of August, 1842, should
be abrogated." Introduced by Slidell, and favorably reported from Committee on Foreign Relations in Executive Session, June 13, 1854. Senate Journal, 34 Cong. 1–2 sess. pp. 396, 695–8; Senate Reports, 34 Cong. 1 sess. I. No. 195.
1854, June 21. Congress (Senate): Bill Regulating Navigation.
"Mr. Seward asked and obtained leave to bring in a bill (Senate, No. 407) to regulate navigation to the coast of Africa in vessels owned by citizens of the United States, in certain cases; which was read and passed to a second reading." June 22, ordered to be printed. Senate Journal, 33 Cong. 1 sess. pp. 448, 451; Congressional Globe, 33 Cong. 1 sess. pp. 1456, 1461, 1472.
1854, June 26. Congress (Senate): Bill to Suppress Slave-Trade.
"A bill for the more effectual suppression of the slave trade in American built vessels." See references to May 22, 1854, above.
1856, June 23. Congress (House): Proposition to Amend Act of 1818.
Notice given of a bill to amend the Act of April 20, 1818. House Journal, 34 Cong. 1 sess. II. 1101.
1856, Aug. 18. United States Statute: Appropriation.
To carry out the Act of March 3, 1819, and subsequent acts, $8,000. Statutes at Large, XI. 90.
1856, Nov. 24. South Carolina: Governor's Message.
Governor Adams, in his annual message to the legislature, said:—
"It is apprehended that the opening of this trade [i.e., the slave-trade] will lessen the value of slaves, and ultimately destroy the institution. It is a sufficient answer to point to the fact, that unrestricted immigration has not diminished the value of labor in the Northwestern section of the confederacy. The cry there is, want of labor, notwithstanding capital has the pauperism of the old world to press into its grinding service. If we cannot supply the demand for slave labor, then we must expect
to be supplied with a species of labor we do not want, and which is, from the very nature of things, antagonistic to our institutions. It is much better that our drays should be driven by slaves—that our factories should be worked by slaves—that our hotels should be served by slaves—that our locomotives should be manned by slaves, than that we should be exposed to the introduction, from any quarter, of a population alien to us by birth, training, and education, and which, in the process of time, must lead to that conflict between capital and labor, 'which makes it so difficult to maintain free institutions in all wealthy and highly civilized nations where such institutions as ours do not exist.' In all slaveholding States, true policy dictates that the superior race should direct, and the inferior perform all menial service. Competition between the white and black man for this service, may not disturb Northern sensibility, but it does not exactly suit our latitude." South Carolina House Journal, 1856, p. 36; Cluskey, Political Text-Book, 14 edition, p. 585.
1856, Dec. 15. Congress (House): Reopening of Slave-Trade.
"Resolved, That this House of Representatives regards all suggestions and propositions of every kind, by whomsoever made, for a revival of the African slave trade, as shocking to the moral sentiment of the enlightened portion of mankind; and that any action on the part of Congress conniving at or legalizing that horrid and inhuman traffic would justly subject the government and citizens of the United States to the reproach and execration of all civilized and Christian people throughout the world." Offered by Mr. Etheridge; agreed to, 152 to 57. House Journal, 34 Cong. 3 sess. pp. 105–11; Congressional Globe, 34 Cong. 3 sess. pp. 123–5, and Appendix, pp. 364–70.
1856, Dec. 15. Congress (House): Reopening of Slave-Trade.
"Resolved, That it is inexpedient to repeal the laws prohibiting the African slave trade." Offered by Mr. Orr; not voted upon. Congressional Globe, 34 Cong. 3 sess. p. 123.
1856, Dec. 15. Congress (House): Reopening of Slave-Trade.
"Resolved, That it is inexpedient, unwise, and contrary to the settled policy of the United States, to repeal the laws prohibiting the African slave trade." Offered by Mr. Orr; agreed to, 183 to 8. House Journal, 34 Cong. 3 sess. pp. 111–3; Congressional Globe, 34 Cong. 3 sess. pp. 125–6.
1856, Dec. 15. Congress (House): Reopening of Slave-Trade.
"Resolved, That the House of Representatives, expressing, as they believe, public opinion both North and South, are utterly opposed to the reopening of the slave trade." Offered by Mr. Boyce; not voted upon. Congressional Globe, 34 Cong. 3 sess. p. 125.
1857. South Carolina: Report of Legislative Committee.
Special committee of seven on the slave-trade clause in the Governor's message report: majority report of six members, favoring the reopening of the African slave-trade; minority report of Pettigrew, opposing it. Report of the Special Committee, etc., published in 1857.
1857, March 3. United States Statute: Appropriation.
To carry out the Act of March 3, 1819, and subsequent acts, $8,000. Statutes at Large, XI. 227; House Journal, 34 Cong. 3 sess. p. 397. Cf. House Exec. Doc., 34 Cong. 3 sess. IX. No. 70.
1858, March (?). Louisiana: Bill to Import Africans.
Passed House; lost in Senate by two votes. Cf. Congressional Globe, 35 Cong. 1 sess. p. 1362.
1858, Dec. 6. President Buchanan's Message.
"The truth is, that Cuba in its existing colonial condition, is a constant source of injury and annoyance
to the American people. It is the only spot in the civilized world where the African slave trade is tolerated; and we are bound by treaty with Great Britain to maintain a naval force on the coast of Africa, at much expense both of life and treasure, solely for the purpose of arresting slavers bound to that island. The late serious difficulties between the United States and Great Britain respecting the right of search, now so happily terminated, could never have arisen if Cuba had not afforded a market for slaves. As long as this market shall remain open, there can be no hope for the civilization of benighted Africa....
"It has been made known to the world by my predecessors that the United States have, on several occasions, endeavored to acquire Cuba from Spain by honorable negotiation. If this were accomplished, the last relic of the African slave trade would instantly disappear. We would not, if we could, acquire Cuba in any other manner. This is due to our national character.... This course we shall ever pursue, unless circumstances should occur, which we do not now anticipate, rendering a departure from it clearly justifiable, under the imperative and overruling law of self-preservation." House Exec. Doc., 35 Cong. 2 sess. II. No. 2, pp. 14–5. See also Ibid., pp. 31–3.
1858, Dec. 23. Congress (House): Resolution on Slave-Trade.
On motion of Mr. Farnsworth,
"Resolved, That the Committee on Naval Affairs be requested to inquire and report to this House if any, and what, further legislation is necessary on the part of the United States to fully carry out and perform the stipulations contained in the eighth article of the treaty with Great Britain (known as the 'Ashburton treaty') for the suppression of the slave trade." House Journal, 35 Cong. 2 sess. pp. 115–6.
1859, Jan. 5. Congress (Senate): Resolution on Slave-Trade.
On motion of Mr. Seward, Dec. 21, 1858,
"Resolved, That the Committee on the Judiciary inquire whether any amendments to existing laws ought to be made for the suppression of the African slave trade." Senate Journal, 35 Cong. 2 sess. pp. 80, 108, 115.
1859, Jan. 13. Congress (Senate): Bill on Slave-Trade.
Mr. Seward introduced "a bill (Senate, No. 510) in addition to the acts which prohibit the slave trade." Referred to committee, reported, and dropped. Ibid., pp. 134, 321.
1859, Jan. 31. Congress (House): Reopening of Slave-Trade.
"Mr. Kilgore moved that the rules be suspended, so as to enable him to submit the following preamble and resolutions, viz:
"Whereas the laws prohibiting the African slave trade have become a topic of discussion with newspaper writers and political agitators, many of them boldly denouncing these laws as unwise in policy and disgraceful in their provisions, and insisting on the justice and propriety of their repeal, and the revival of the odious traffic in African slaves; and whereas recent demonstrations afford strong reasons to apprehend that said laws are to be set at defiance, and their violation openly countenanced and encouraged by a portion of the citizens of some of the States of this Union; and whereas it is proper in view of said facts that the sentiments of the people's representatives in Congress should be made public in relation thereto: Therefore—
"Resolved, That while we recognize no right on the part of the federal government, or any other law-making power, save that of the States wherein it exists, to interfere with or disturb the institution of domestic slavery where it is established or protected by State legislation, we do hold that Congress has power to prohibit the foreign traffic
, and that no legislation can be too thorough in its measures, nor can any penalty known to the catalogue of modern punishment for crime be too severe against a traffic so inhuman and unchristian.
"Resolved, That the laws in force against said traffic are founded upon the broadest principles of philanthropy, religion, and humanity; that they should remain unchanged, except so far as legislation may be needed to render them more efficient; that they should be faithfully and promptly executed by our government, and respected by all good citizens.
"Resolved, That the Executive should be sustained and commended for any proper efforts whenever and wherever made to enforce said laws, and to bring to speedy punishment the wicked violators thereof, and all their aiders and abettors."
Failed of the two-thirds vote necessary to suspend the rules—the vote being 115 to 84—and was dropped. House Journal, 35 Cong. 2 sess. pp. 298–9.
1859, March 3. United States Statute: Appropriation.
To carry out the Act of March 3, 1819, and subsequent acts, and to pay expenses already incurred, $75,000. Statutes at Large, XI. 404.
1859, Dec. 19. President Buchanan's Message.
"All lawful means at my command have been employed, and shall continue to be employed, to execute the laws against the African slave trade. After a most careful and rigorous examination of our coasts, and a thorough investigation of the subject, we have not been able to discover that any slaves have been imported into the United States except the cargo by the Wanderer, numbering between three and four hundred. Those engaged in this unlawful enterprise have been rigorously prosecuted, but not with as much success as their crimes have deserved. A number of them are still under prosecution. [Here follows a history of our slave-trade legislation.]
"These acts of Congress, it is believed, have, with very rare and insignificant exceptions, accomplished their purpose. For a period of more than half a century there has been no perceptible addition to the number of our domestic slaves.... Reopen the trade, and it would be difficult to determine whether the effect would be more deleterious on the interests of the master, or on those of the native born slave, ..." Senate Exec. Doc., 36 Cong. 1 sess. I. No. 2, pp. 5–8.
1860, March 20. Congress (Senate): Proposed Resolution.
"Mr. Wilson submitted the following resolution; which was considered, by unanimous consent, and agreed to:—
"Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the laws of the United States in relation to the suppression of the African slave trade as to provide a penalty of imprisonment for life for a participation in such trade, instead of the penalty of forfeiture of life, as now provided; and also an amendment of such laws as will include in the punishment for said offense all persons who fit out or are in any way connected with or interested in fitting out expeditions or vessels for the purpose of engaging in such slave trade." Senate Journal, 36 Cong. 1 sess. p. 274.
1860, March 20. Congress (Senate): Right of Search.
"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a joint resolution (Senate, No. 20) to secure the right of search on the coast of Africa, for the more effectual suppression of the African slave trade." Read twice, and referred to Committee on Foreign Relations. Ibid.
1860, March 20. Congress (Senate): Steam Vessels for Slave-Trade.
"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No. 296) for the construction of five steam screw sloops-of-war, for service on the African coast." Read twice,
and referred to Committee on Naval Affairs; May 23, reported with an amendment. Ibid., pp. 274, 494–5.
1860 March 26. Congress (House): Proposed Resolutions.
"Mr. Morse submitted ... the following resolutions; which were read and committed to the Committee of the Whole House on the state of the Union, viz:
"Resolved, That for the more effectual suppression of the African slave trade the treaty of 1842 ..., requiring each country to keep eighty guns on the coast of Africa for that purpose, should be so changed as to require a specified and sufficient number of small steamers and fast sailing brigs or schooners to be kept on said coast....
"Resolved, That as the African slave trade appears to be rapidly increasing, some effective mode of identifying the nationality of a vessel on the coast of Africa suspected of being in the slave trade or of wearing false colors should be immediately adopted and carried into effect by the leading maritime nations of the earth; and that the government of the United States has thus far, by refusing to aid in establishing such a system, shown a strange neglect of one of the best means of suppressing said trade.
"Resolved, That the African slave trade is against the moral sentiment of mankind and a crime against human nature; and that as the most highly civilized nations have made it a criminal offence or piracy under their own municipal laws, it ought at once and without hesitation to be declared a crime by the code of international law; and that ... the President be requested to open negotiations on this subject with the leading powers of Europe." ... House Journal, 36 Cong. 1 sess. I. 588–9.
1860, April 16. Congress (Senate): Bill on Slave-Trade.
"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No.
408) for the more effectual suppression of the slave trade." Bill read twice, and ordered to lie on the table; May 21, referred to Committee on the Judiciary, and printed. Senate Journal, 36 Cong. 1 sess. pp. 394, 485; Congressional Globe, 36 Cong. 1 sess. pp. 1721, 2207–11.
1860, May 21. Congress (House): Buyers of Imported Negroes.
"Mr. Wells submitted the following resolution, and debate arising thereon, it lies over under the rule, viz:
"Resolved, That the Committee on the Judiciary be instructed to report forthwith a bill providing that any person purchasing any negro or other person imported into this country in violation of the laws for suppressing the slave trade, shall not by reason of said purchase acquire any title to said negro or person; and where such purchase is made with a knowledge that such negro or other person has been so imported, shall forfeit not less than one thousand dollars, and be punished by imprisonment for a term not less than six months." House Journal, 36 Cong. 1 sess. II. 880.
1860, May 26. United States Statute: Appropriation.
To carry out the Act of March 3, 1819, and subsequent acts, $40,000. Statutes at Large, XII. 21.
1860, June 16. United States Statute: Additional Act to Act of 1819.
"An Act to amend an Act entitled 'An Act in addition to the Acts Prohibiting the Slave Trade.'" Ibid., XII. 40–1; Senate Journal, 36 Cong. 1 sess., Senate Bill No. 464.
1860, July 11. Great Britain: Proposed Co-operation.
Lord John Russell suggested for the suppression of the trade:—
"1st. A systematic plan of cruising on the coast of Cuba by the vessels of Great Britain, Spain, and the United States.
"2d. Laws of registration and inspection in the Island of Cuba, by which the employment of slaves, imported
contrary to law, might be detected by the Spanish authorities.
"3d. A plan of emigration from China, regulated by the agents of European nations, in conjunction with the Chinese authorities." President Buchanan refused to co-operate on this plan. House Exec. Doc., 36 Cong. 2 sess. IV. No. 7, pp. 441–3, 446–8.
1860, Dec. 3. President Buchanan's Message.
"It is with great satisfaction I communicate the fact that since the date of my last annual message not a single slave has been imported into the United States in violation of the laws prohibiting the African slave trade. This statement is founded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow-citizens in favor of this trade seems to have entirely subsided." Senate Exec. Doc., 36 Cong. 2 sess. I. No. 1, p. 24.
1860, Dec. 12. Congress (House): Proposition to Amend Constitution.
Mr. John Cochrane's resolution:—
"The migration or importation of slaves into the United States or any of the Territories thereof, from any foreign country, is hereby prohibited." House Journal, 36 Cong. 2 sess. pp. 61–2; Congressional Globe, 36 Cong. 2 sess. p. 77.
1860, Dec. 24. Congress (Senate): Bill on Slave-Trade.
"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No. 529) for the more effectual suppression of the slave trade." Read twice, and referred to Committee on the Judiciary; not mentioned again. Senate Journal, 36 Cong. 2 sess. p. 62; Congressional Globe, 36 Cong. 2 sess. p. 182.
1861, Jan. 7. Congress (House): Proposition to Amend Constitution.
Mr. Etheridge's resolution:—
§ 5. "The migration or importation of persons held to service or labor for life, or a term of years, into any of the States, or the Territories belonging to the United States, is perpetually prohibited; and Congress shall pass all laws necessary to make said prohibition effective." Congressional Globe, 36 Cong. 2 sess. p. 279.
1861, Jan. 23. Congress (House): Proposition to Amend Constitution.
Resolution of Mr. Morris of Pennsylvania:— "Neither Congress nor a Territorial Legislature shall make any law respecting slavery or involuntary servitude, except as a punishment for crime; but Congress may pass laws for the suppression of the African slave trade, and the rendition of fugitives from service or labor in the States." Mr. Morris asked to have it printed, that he might at the proper time move it as an amendment to the report of the select committee of thirty-three. It was ordered to be printed. Ibid., p. 527.
1861, Feb. 1. Congress (House): Proposition to Amend Constitution.
Resolution of Mr. Kellogg of Illinois:—
§ 16. "The migration or importation of persons held to service or involuntary servitude into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited." Considered Feb. 27, 1861, and lost. Ibid., pp. 690, 1243, 1259–60.
1861, Feb. 8. Confederate States of America: Importation Prohibited.
Constitution for the Provisional Government of the Confederate States of America, Article I. Section 7:—
"1. The importation of African negroes from any foreign country other than the slave-holding States of the United States, is hereby forbidden; and Congress are required to pass such laws as shall effectually prevent the same.
"2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy." March 11, 1861, this article was placed in the permanent Constitution. The first line was changed so as to read "negroes of the African race." C.S.A. Statutes at Large, 1861–2, pp. 3, 15.
1861, Feb. 9. Confederate States of America: Statutory Prohibition.
"Be it enacted by the Confederate States of America in Congress assembled, That all the laws of the United States of America in force and in use in the Confederate States of America on the first day of November last, and not inconsistent with the Constitution of the Confederate States, be and the same are hereby continued in force until altered or repealed by the Congress." Ibid., p. 27.
1861, Feb. 19. United States Statute: Appropriation.
To supply deficiencies in the fund hitherto appropriated to carry out the Act of March 3, 1819, and subsequent acts, $900,000. Statutes at Large, XII. 132.
1861, March 2. United States Statute: Appropriation.
To carry out the Act of March 3, 1819, and subsequent acts, and to provide compensation for district attorneys and marshals, $900,000. Ibid., XII. 218–9.
1861, Dec. 3. President Lincoln's Message.
"The execution of the laws for the suppression of the African slave trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the
highest grade of offence under our laws, the punishment of which is death." Senate Exec. Doc., 37 Cong. 2 sess. I. No. 1, p. 13.
1862, Jan. 27. Congress (Senate): Bill on Slave-Trade.
"Agreeably to notice Mr. Wilson, of Massachusetts, asked and obtained leave to bring in a bill (Senate, No. 173), for the more effectual suppression of the slave trade." Read twice, and referred to Committee on the Judiciary; Feb. 11, 1863, reported adversely, and postponed indefinitely. Senate Journal, 37 Cong. 2 sess. p. 143; 37 Cong. 3 sess. pp. 231–2.
1862, March 14. United States Statute: Appropriation.
For compensation to United States marshals, district attorneys, etc., for services in the suppression of the slave-trade, so much of the appropriation of March 2, 1861, as may be expedient and proper, not exceeding in all $10,000. Statutes at Large, XII. 368–9.
1862, March 25. United States Statute: Prize Law.
"An Act to facilitate Judicial Proceedings in Adjudications upon Captured Property, and for the better Administration of the Law of Prize." Applied to captures under the slave-trade law. Ibid., XII. 374–5; Congressional Globe, 37 Cong. 2 sess., Appendix, pp. 346–7.
1862, June 7. Great Britain: Treaty of 1862.
"Treaty for the suppression of the African slave trade. Concluded at Washington April 7, 1862; ratifications exchanged at London May 20, 1862; proclaimed June 7, 1862." Ratified unanimously by the Senate. U.S. Treaties and Conventions (1889), pp. 454–66. See also Senate Exec. Journal, XII. pp. 230, 231, 240, 254, 391, 400, 403.
1862, July 11. United States Statute: Treaty of 1862 Carried into Effect.
"An Act to carry into Effect the Treaty between the United States and her Britannic Majesty for the Suppression of the African Slave-Trade." Statutes at Large, XII. 531; Senate Journal and
House Journal, 37 Cong. 2 sess., Senate Bill No. 352.
1862, July 17. United States Statute: Former Acts Amended.
"An Act to amend an Act entitled 'An Act to amend an Act entitled "An Act in Addition to the Acts prohibiting the Slave Trade."'" Statutes at Large, XII. 592–3; Senate Journal and House Journal, 37 Cong. 2 sess., Senate Bill No. 385.
1863, Feb. 4. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. Statutes at Large, XII. 639.
1863, March 3. Congress: Joint Resolution.
"Joint Resolution respecting the Compensation of the Judges and so forth, under the Treaty with Great Britain and other Persons employed in the Suppression of the Slave Trade." Statutes at Large, XII. 829.
1863, April 22. Great Britain: Treaty of 1862 Amended.
"Additional article to the treaty for the suppression of the African slave trade of April 7, 1862." Concluded February 17, 1863; ratifications exchanged at London April 1, 1863; proclaimed April 22, 1863.
Right of Search extended. U.S. Treaties and Conventions (1889), pp. 466–7.
1863, Dec. 17. Congress (House): Resolution on Coastwise Slave-Trade.
Mr. Julian introduced a bill to repeal portions of the Act of March 2, 1807, relative to the coastwise slave-trade. Read twice, and referred to Committee on the Judiciary. Congressional Globe, 38 Cong. 1 sess. p. 46.
1864, July 2. United States Statute: Coastwise Slave-Trade Prohibited Forever.
§ 9 of Appropriation Act repeals §§ 8 and 9 of Act of 1807. Statutes at Large, XIII. 353.
1864, Dec. 7. Great Britain: International Proposition.
"The crime of trading in human beings has been for many years branded by the reprobation of all civilized nations. Still the atrocious traffic subsists, and many persons flourish on the gains they have
derived from that polluted source.
"Her Majesty's government, contemplating, on the one hand, with satisfaction the unanimous abhorrence which the crime inspires, and, on the other hand, with pain and disgust the slave-trading speculations which still subist [sic], have come to the conclusion that no measure would be so effectual to put a stop to these wicked acts as the punishment of all persons who can be proved to be guilty of carrying slaves across the sea. Her Majesty's government, therefore, invite the government of the United States to consider whether it would not be practicable, honorable, and humane—
"1st. To make a general declaration, that the governments who are parties to it denounce the slave trade as piracy.
"2d. That the aforesaid governments should propose to their legislatures to affix the penalties of piracy already existing in their laws—provided, only, that the penalty in this case be that of death—to all persons, being subjects or citizens of one of the contracting powers, who shall be convicted in a court which takes cognizance of piracy, of being concerned in carrying human beings across the sea for the purpose of sale, or for the purpose of serving as slaves, in any country or colony in the world." Signed,
Russell."
Similar letters were addressed to France, Spain, Portugal, Austria, Prussia, Italy, Netherlands, and Russia. Diplomatic Correspondence, 1865, pt. ii. pp. 4, 58–9, etc.
1865, Jan. 24. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. Statutes at Large, XIII. 424.
1866, April 7. United States Statute: Compensation to Marshals, etc.
For additional compensation to United States marshals, district attorneys, etc., for services in
the suppression of the slave-trade, so much of the appropriation of March 2, 1861, as may be expedient and proper, not exceeding in all $10,000; and also so much as may be necessary to pay the salaries of judges and the expenses of mixed courts. Ibid., XIV. 23.
1866, July 25. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. Ibid., XIV. 226.
1867, Feb. 28. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. Ibid., XIV. 414–5.
1868, March 30. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $12,500. Ibid., XV. 58.
1869, Jan. 6. Congress (House): Abrogation of Treaty of 1862.
Mr. Kelsey asked unanimous consent to introduce the following resolution:—
"Whereas the slave trade has been practically suppressed; and whereas by our treaty with Great Britain for the suppression of the slave trade large appropriations are annually required to carry out the provisions thereof: Therefore,
"Resolved, That the Committee on Foreign Affairs are hereby instructed to inquire into the expediency of taking proper steps to secure the abrogation or modification of the treaty with Great Britain for the suppression of the slave trade." Mr. Arnell objected. Congressional Globe, 40 Cong. 3 sess. p. 224.
1869, March 3. United States Statute: Appropriation.
To carry out the treaty with Great Britain, proclaimed July 11, 1862, $12,500; provided that the salaries of judges be paid only on condition that they reside where the courts are held, and that Great Britain be asked to consent to abolish mixed courts. Statutes at Large, XV. 321.
1870, April 22. Congress (Senate): Bill to Repeal Act of 1803.
Senate Bill No. 251, to repeal an act entitled "An act to prevent the importation of certain persons into certain States where by the laws thereof their admission is prohibited." Mr. Sumner said that the bill had passed the Senate once, and that he hoped it would now pass. Passed; title amended by adding "approved February 28, 1803;" June 29, bill passed over in House; July 14, consideration again postponed on Mr. Woodward's objection. Congressional Globe, 41 Cong. 2 sess. pp. 2894, 2932, 4953, 5594.
1870, Sept. 16. Great Britain: Additional Treaty.
"Additional convention to the treaty of April 7, 1862, respecting the African slave trade." Concluded June 3, 1870; ratifications exchanged at London August 10, 1870; proclaimed September 16, 1870. U.S. Treaties and Conventions (1889), pp. 472–6.
1871, Dec. 11. Congress (House): Bill on Slave-Trade.
On the call of States, Mr. Banks introduced "a bill (House, No. 490) to carry into effect article thirteen of the Constitution of the United States, and to prohibit the owning or dealing in slaves by American citizens in foreign countries." House Journal, 42 Cong. 2 sess. p. 48.
APPENDIX C.
TYPICAL CASES OF VESSELS ENGAGED IN THE AMERICAN SLAVE-TRADE.
1619-1864.
This chronological list of certain typical American slavers is not intended to catalogue all known cases, but is designed merely to illustrate, by a few selected examples, the character of the licit and the illicit traffic to the United States.
1619. ——. Dutch man-of-war, imports twenty Negroes into Virginia, the first slaves brought to the continent. Smith, Generall Historie of Virginia (1626 and 1632), p. 126.
1645. Rainbowe, under Captain Smith, captures and imports African slaves into Massachusetts. The slaves were forfeited and returned. Massachusetts Colonial Records, II. 115, 129, 136, 168, 176; III. 13, 46, 49, 58, 84.
1655. Witte paert, first vessel to import slaves into New York. O'Callaghan, Laws of New Netherland (ed. 1868), p. 191, note.
1736, Oct. ——. Rhode Island slaver, under Capt. John Griffen. American Historical Record, I. 312.
1746. ——. Spanish vessel, with certain free Negroes, captured by Captains John Dennis and Robert Morris, and Negroes sold by them in Rhode Island, Massachusetts, and New York; these Negroes afterward returned to Spanish colonies by the authorities of Rhode Island. Rhode Island Colonial Records, V. 170, 176–7; Dawson's Historical Magazine, XVIII. 98.
1752. Sanderson, of Newport, trading to Africa and West Indies. American Historical Record, I. 315–9, 338–42. Cf. above, p. 35, note 4.
1788 (circa). ——. "One or two" vessels fitted out in Connecticut. W.C. Fowler, Historical Status of the Negro in Connecticut, in Local Law, etc., p. 125.
1801. Sally, of Norfolk, Virginia, equipped slaver; libelled and acquitted; owners claimed damages. American State Papers, Commerce and Navigation, I. No. 128.
1803 (?). ——. Two slavers seized with slaves, and brought to Philadelphia; both condemned, and slaves apprenticed.
Robert Sutcliff, Travels in North America, p. 219.
1804. ——. Slaver, allowed by Governor Claiborne to land fifty Negroes in Louisiana. American State Papers, Miscellaneous, I. No. 177.
1814. Saucy Jack carries off slaves from Africa and attacks British cruiser. House Reports, 17 Cong. 1 sess. II. No. 92, p. 46; 21 Cong. 1 sess. III. No. 348, p. 147.
1816 (circa). Paz, Rosa, Dolores, Nueva Paz, and Dorset, American slavers in Spanish-African trade. Many of these were formerly privateers. Ibid., 17 Cong. 1 sess. II. No. 92, pp. 45–6; 21 Cong. 1 sess. III. No. 348, pp. 144–7.
1817, Jan. 17. Eugene, armed Mexican schooner, captured while attempting to smuggle slaves into the United States. House Doc., 15 Cong. 1 sess. II. No. 12, p. 22.
1817, Nov. 19. Tentativa, captured with 128 slaves and brought into Savannah. Ibid., p. 38; House Reports, 21 Cong. 1 sess. III. No. 348, p. 81. See Friends' View of the African Slave Trade (1824), pp. 44–7.
1818. ——. Three schooners unload slaves in Louisiana. Collector Chew to the Secretary of the Treasury, House Reports, 21 Cong. 1 sess. III. No. 348, p. 70.
1818, Jan. 23. English brig Neptune, detained by U.S.S. John Adams, for smuggling slaves into the United States. House Doc., 16 Cong. 1 sess. III. No. 36 (3).
1818, June. Constitution, captured with 84 slaves on the Florida coast, by a United States army officer. See references under 1818, June, below.
1818, June. Louisa and Merino, captured slavers, smuggling from Cuba to the United States; condemned after five years' litigation. House Doc., 15 Cong. 2 sess. VI. No. 107; 19 Cong. 1 sess. VI.-IX. Nos. 121, 126, 152, 163; House Reports, 19 Cong. 1 sess. II. No. 231; American State Papers, Naval Affairs, II. No. 308; Decisions of the United States Supreme Court in 9 Wheaton, 391.
1819. Antelope, or General Ramirez. The Colombia (or Arraganta), a Venezuelan privateer, fitted in the United States and manned by Americans, captures slaves from a Spanish slaver, the Antelope, and from other slavers; is wrecked, and transfers crew and slaves to Antelope; the latter, under the name of the General Ramirez, is captured with 280
slaves by a United States ship. The slaves were distributed, some to Spanish claimants, some sent to Africa, and some allowed to remain; many died. House Reports, 17 Cong. 1 sess. II. No. 92, pp. 5, 15; 21 Cong. 1 sess. III. No. 348, p. 186; House Journal, 20 Cong. 1 sess. pp. 59, 76, 123 to 692, passim. Gales and Seaton, Register of Debates, IV. pt. 1, pp. 915–6, 955–68, 998, 1005; Ibid., pt. 2, pp. 2501–3; American State Papers, Naval Affairs, II. No. 319, pp. 750–60; Decisions of the United States Supreme Court in 10 Wheaton, 66, and 12 Ibid., 546.
1820. Endymion, Plattsburg, Science, Esperanza, and Alexander, captured on the African coast by United States ships, and sent to New York and Boston. House Reports, 17 Cong. 1 sess. II. No. 92, pp. 6, 15; 21 Cong. 1 sess. III. No. 348, pp. 122, 144, 187.
1820. General Artigas imports twelve slaves into the United States. Friends' View of the African Slave Trade (1824), p. 42.
1821 (?). Dolphin, captured by United States officers and sent to Charleston, South Carolina. Ibid., pp. 31–2.
1821. La Jeune Eugène, La Daphnée, La Mathilde, and L'Elize, captured by U.S.S. Alligator; La Jeune Eugène sent to Boston; the rest escape, and are recaptured under the French flag; the French protest. House Reports, 21 Cong. 1 sess. III. No. 348, p. 187; Friends' View of the African Slave Trade (1824), pp. 35–41.
1821. La Pensée, captured with 220 slaves by the U.S.S. Hornet; taken to Louisiana. House Reports, 17 Cong. 1 sess. II. No. 92, p. 5; 21 Cong. 1 sess. III. No. 348, p. 186.
1821. Esencia lands 113 Negroes at Matanzas. Parliamentary Papers, 1822, Vol. XXII., Slave Trade, Further Papers, III. p. 78.
1826. Fell's Point attempts to land Negroes in the United States. The Negroes were seized. American State Papers, Naval Affairs, II. No. 319, p. 751.
1827, Dec. 20. Guerrero, Spanish slaver, chased by British, cruiser and grounded on Key West, with 561 slaves; a part (121) were landed at Key West, where they were seized by the collector; 250 were seized by the Spanish and taken to Cuba, etc. House Journal, 20 Cong. 1 sess. p. 650; House Reports, 24 Cong. 1 sess. I. No. 268; 25 Cong. 2 sess. I. No.
4; American State Papers, Naval Affairs, III. No. 370, p. 210; Niles's Register, XXXIII. 373.
1828, March 11. General Geddes brought into St. Augustine for safe keeping 117 slaves, said to have been those taken from the wrecked Guerrero and landed at Key West (see above, 1827). House Doc., 20 Cong. 1 sess. VI. No. 262.
1828. Blue-eyed Mary, of Baltimore, sold to Spaniards and captured with 405 slaves by a British cruiser. Niles's Register, XXXIV. 346.
1830, June 4. Fenix, with 82 Africans, captured by U.S.S. Grampus, and brought to Pensacola; American built, with Spanish colors. House Doc., 21 Cong. 2 sess. III. No. 54; House Reports, 24 Cong. 1 sess. I. No. 223; Niles's Register, XXXVIII. 357.
1831, Jan. 3. Comet, carrying slaves from the District of Columbia to New Orleans, was wrecked on Bahama banks and 164 slaves taken to Nassau, in New Providence, where they were freed. Great Britain finally paid indemnity for these slaves. Senate Doc., 24 Cong. 2 sess. II. No. 174; 25 Cong. 3 sess. III. No. 216.
1834, Feb. 4. Encomium, bound from Charleston, South Carolina, to New Orleans, with 45 slaves, was wrecked near Fish Key, Abaco, and slaves were carried to Nassau and freed. Great Britain eventually paid indemnity for these slaves. Ibid.
1835, March. Enterprise, carrying 78 slaves from the District of Columbia to Charleston, was compelled by rough weather to put into the port of Hamilton, West Indies, where the slaves were freed. Great Britain refused to pay for these, because, before they landed, slavery in the West Indies had been abolished. Ibid.
1836, Aug.-Sept. Emanuel, Dolores, Anaconda, and Viper, built in the United States, clear from Havana for Africa. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 4–6, 221.
1837. ——. Eleven American slavers clear from Havana for Africa. Ibid., p. 221.
1837. Washington, allowed to proceed to Africa by the American consul at Havana. Ibid., pp. 488–90, 715 ff; 27 Cong, 1 sess. No. 34, pp. 18–21.
1838. Prova spends three months refitting in the harbor of Charleston, South Carolina; afterwards captured by the British, with 225 slaves. Ibid., pp. 121, 163–6.
1838. ——. Nineteen American slavers clear from Havana for Africa. House Doc., 26 Cong. 2 sess. V. No. 115, p. 221.
1838–9. Venus, American built, manned partly by Americans, owned by Spaniards. Ibid., pp. 20–2, 106, 124–5, 132, 144–5, 330–2, 475–9.
1839. Morris Cooper, of Philadelphia, lands 485 Negroes in Cuba. Niles's Register, LVII. 192.
1839. Edwin and George Crooks, slavers, boarded by British cruisers. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 12–4, 61–4.
1839. Eagle, Clara, and Wyoming, with American and Spanish flags and papers and an American crew, captured by British cruisers, and brought to New York. The United States government declined to interfere in case of the Eagle and the Clara, and they were taken to Jamaica. The Wyoming was forfeited to the United States. Ibid., pp. 92–104, 109, 112, 118–9, 180–4; Niles's Register, LVI. 256; LVII. 128, 208.
1839. Florida, protected from British cruisers by American papers. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 113–5.
1839. ——. Five American slavers arrive at Havana from Africa, under American flags. Ibid., p. 192.
1839. ——. Twenty-three American slavers clear from Havana. Ibid., pp. 190–1, 221.
1839. Rebecca, part Spanish, condemned at Sierra Leone. House Reports, 27 Cong. 3 sess. III. No. 283, pp. 649–54, 675–84.
1839. Douglas and Iago, American slavers, visited by British cruisers, for which the United States demanded indemnity. Ibid., pp. 542–65, 731–55; Senate Doc., 29 Cong. 1 sess. VIII. No. 377, pp. 39–45, 107–12, 116–24, 160–1, 181–2.
1839, April 9. Susan, suspected slaver, boarded by the British. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 34–41.
1839, July-Sept. Dolphin (or Constitução), Hound, Mary Cushing (or Sete de Avril), with American and Spanish flags and papers. Ibid., pp. 28, 51–5, 109–10, 136, 234–8;
House Reports, 27 Cong. 3 sess. III. No. 283, pp. 709–15.
1839, Aug. L'Amistad, slaver, with fifty-three Negroes on board, who mutinied; the vessel was then captured by a United States vessel and brought into Connecticut; the Negroes were declared free. House Doc., 26 Cong. 1 sess. IV. No. 185; 27 Cong. 3 sess. V. No. 191; 28 Cong. 1 sess. IV. No. 83; House Exec. Doc., 32 Cong. 2 sess. III. No. 20; House Reports, 26 Cong. 2 sess. No. 51; 28 Cong. 1 sess. II. No. 426; 29 Cong. 1 sess. IV. No. 753; Senate Doc., 26 Cong. 2 sess. IV. No. 179; Senate Exec. Doc., 31 Cong. 2 sess. III. No. 29; 32 Cong. 2 sess. III. No. 19; Senate Reports, 31 Cong. 2 sess. No. 301; 32 Cong. 1 sess. I. No. 158; 35 Cong. 1 sess. I. No. 36; Decisions of the United States Supreme Court in 15 Peters, 518; Opinions of the Attorneys-General, III. 484–92.
1839, Sept. My Boy, of New Orleans, seized by a British cruiser, and condemned at Sierra Leone. Niles's Register, LVII. 353.
1839, Sept. 23. Butterfly, of New Orleans, fitted as a slaver, and captured by a British cruiser on the coast of Africa. House Doc., 26 Cong. 2 sess. No. 115, pp. 191, 244–7; Niles's Register, LVII. 223.
1839, Oct. Catharine, of Baltimore, captured on the African coast by a British cruiser, and brought by her to New York. House Doc., 26 Cong. 2 sess. V No. 115, pp. 191, 215, 239–44; Niles's Register, LVII. 119, 159.
1839. Asp, Laura, and Mary Ann Cassard, foreign slavers sailing under the American flag. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 126–7, 209–18; House Reports, 27 Cong. 3 sess. III. No. 283, p. 688 ff.
1839. Two Friends, of New Orleans, equipped slaver, with Spanish, Portuguese, and American flags. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 120, 160–2, 305.
1839. Euphrates, of Baltimore, with American papers, seized by British cruisers as Spanish property. Before this she had been boarded fifteen times. Ibid., pp. 41–4; A.H. Foote, Africa and the American Flag, pp. 152–6.
1839. Ontario, American slaver, "sold" to the Spanish on shipping a cargo of slaves. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 45–50.
1839. Mary, of Philadelphia; case of a slaver whose nationality was disputed. House Reports, 27 Cong. 3 sess. III. No. 283, pp. 736–8; Senate Doc., 29 Cong. 1 sess. VIII. No. 377, pp. 19, 24–5.
1840, March. Sarah Ann, of New Orleans, captured with fraudulent papers. House Doc., 26 Cong. 2 sess. V. No. 115, pp. 184–7.
1840, June. Caballero, Hudson, and Crawford; the arrival of these American slavers was publicly billed in Cuba. Ibid., pp. 65–6.
1840. Tigris, captured by British cruisers and sent to Boston for kidnapping. House Reports, 27 Cong. 3 sess. III. No. 283, pp. 724–9; Senate Doc., 29 Cong. 1 sess. VIII. No. 377, P. 94.
1840. Jones, seized by the British. Senate Doc., 29 Cong. 1 sess. VIII. No. 377, pp. 131–2, 143–7, 148–60.
1841, Nov. 7. Creole, of Richmond, Virginia, transporting slaves to New Orleans; the crew mutiny and take her to Nassau, British West Indies. The slaves were freed and Great Britain refused indemnity. Senate Doc., 27 Cong. 2 sess. II. No. 51 and III. No. 137.
1841. Sophia, of New York, ships 750 slaves for Brazil. House Doc., 29 Cong. 1 sess. III. No. 43, pp. 3–8.
1841. Pilgrim, of Portsmouth, N.H., Solon, of Baltimore, William Jones and Himmaleh, of New York, clear from Rio Janeiro for Africa. Ibid., pp. 8–12.
1842, May. Illinois, of Gloucester, saved from search by the American flag; escaped under the Spanish flag, loaded with slaves. Senate Doc., 28 Cong. 2 sess. IX. No. 150, p. 72 ff.
1842, June. Shakespeare, of Baltimore, with 430 slaves, captured by British cruisers. Ibid.
1843. Kentucky, of New York, trading to Brazil. Ibid., 30 Cong. 1 sess. IV. No. 28, pp. 71–8; House Exec. Doc., 30 Cong. 2 sess. VII. No. 61, p. 72 ff.
1844. Enterprise, of Boston, transferred in Brazil for slave-trade. Senate Exec. Doc., 30 Cong. 1 sess. IV. No. 28, pp. 79–90.
1844. Uncas, of New Orleans, protected by United States papers; allowed to clear, in spite of her evident character. Ibid., 28 Cong. 2 sess. IX. No. 150, pp. 106–14.
1844. Sooy, of Newport, without papers, captured by the British sloop Racer, after landing 600 slaves on the coast of Brazil. House Doc., 28 Cong. 2 sess. IV. No. 148, pp. 4, 36–62.
1844. Cyrus, of New Orleans, suspected slaver, captured by the British cruiser Alert. Ibid., pp. 3–41.
1844–5. ——. Nineteen slavers from Beverly, Boston, Baltimore, Philadelphia, New York, Providence, and Portland, make twenty-two trips. Ibid., 30 Cong. 2 sess. VII. No. 61, pp. 219–20.
1844–9. ——. Ninety-three slavers in Brazilian trade. Senate Exec. Doc., 31 Cong. 2 sess. II. No. 6, pp. 37–8.
1845. Porpoise, trading to Brazil. House Exec. Doc., 30 Cong. 2 sess. VII. No. 61, pp. 111–56, 212–4.
1845, May 14. Spitfire, of New Orleans, captured on the coast of Africa, and the captain indicted in Boston. A.H. Foote, Africa and the American Flag, pp. 240–1; Niles's Register, LXVIII. 192, 224, 248–9.
1845–6. Patuxent, Pons, Robert Wilson, Merchant, and Panther, captured by Commodore Skinner. House Exec. Doc., 31 Cong. 1 sess. IX. No. 73.
1847. Fame, of New London, Connecticut, lands 700 slaves in Brazil. House Exec. Doc., 30 Cong. 2 sess. VII. No. 61, pp. 5–6, 15–21.
1847. Senator, of Boston, brings 944 slaves to Brazil. Ibid., pp. 5–14.
1849. Casco, slaver, with no papers; searched, and captured with 420 slaves, by a British cruiser. Senate Exec. Doc., 31 Cong. 1 sess. XIV No. 66, p. 13.
1850. Martha, of New York, captured when about to embark 1800 slaves. The captain was admitted to bail, and escaped. A.H. Foote, Africa and the American Flag, pp. 285–92.
1850. Lucy Ann, of Boston, captured with 547 slaves by the British. Senate Exec. Doc., 31 Cong. 1 sess. XIV No. 66, pp. 1–10 ff.
1850. Navarre, American slaver, trading to Brazil, searched and finally seized by a British cruiser. Ibid.
1850 (circa). Louisa Beaton, Pilot, Chatsworth, Meteor, R. de Zaldo, Chester, etc., American slavers, searched by British vessels. Ibid., passim.
1851, Sept. 18. Illinois brings seven kidnapped West India Negro boys into Norfolk, Virginia. House Exec. Doc., 34
Cong. 1 sess. XII. No. 105, pp. 12–14.
1852–62. ——. Twenty-six ships arrested and bonded for slave-trading in the Southern District of New York. Senate Exec. Doc., 37 Cong. 2 sess. V. No. 53.
1852. Advance and Rachel P. Brown, of New York; the capture of these was hindered by the United States consul in the Cape Verd Islands. Ibid., 34 Cong. 1 sess. XV. No. 99, pp. 41–5; House Exec. Doc., 34 Cong. 1 sess. XII. No. 105, pp. 15–19.
1853. Silenus, of New York, and General de Kalb, of Baltimore, carry 900 slaves from Africa. Senate Exec. Doc., 34 Cong. 1 sess. XV. No. 99, pp. 46–52; House Exec. Doc., 34 Cong. 1 sess. XII. No. 105, pp. 20–26.
1853. Jasper carries slaves to Cuba. Senate Exec. Doc., 34 Cong. 1 sess. XV. No. 99, pp. 52–7.
1853. Camargo, of Portland, Maine, lands 500 slaves in Brazil. Ibid., 33 Cong. 1 sess. VIII. No. 47.
1854. Glamorgan, of New York, captured when about to embark nearly 700 slaves. Ibid., 34 Cong. 1 sess. XV. No. 99, pp. 59–60.
1854. Grey Eagle, of Philadelphia, captured off Cuba by British cruiser. Ibid., pp. 61–3.
1854. Peerless, of New York, lands 350 Negroes in Cuba. Ibid., p. 66.
1854. Oregon, of New Orleans, trading to Cuba. Senate Exec. Doc., 34 Cong. 1 sess. XV. No. 99, pp. 69–70.
1856. Mary E. Smith, sailed from Boston in spite of efforts to detain her, and was captured with 387 slaves, by the Brazilian brig Olinda, at port of St. Matthews. Ibid., pp. 71–3.
1857. ——. Twenty or more slavers from New York, New Orleans, etc. Ibid., 35 Cong. 1 sess. XII. No. 49, pp. 14–21, 70–1, etc.
1857. William Clark and Jupiter, of New Orleans, Eliza Jane, of New York, Jos. H. Record, of Newport, and Onward, of Boston, captured by British cruisers. Ibid., pp. 13, 25–6, 69, etc.
1857. James Buchanan, slaver, escapes under American colors, with 300 slaves. Ibid., p. 38.
1857. James Titers, of New Orleans, with 1200 slaves, captured by British cruiser. Ibid., pp. 31–4, 40–1.
1857. ——. Four New Orleans slavers on the African coast. Senate Exec. Doc., 35 Cong. 1 sess., XII. No. 49, p. 30.
1857. Cortes, of New York, captured. Ibid., pp. 27–8.
1857. Charles, of Boston, captured by British cruisers, with about 400 slaves. Ibid., pp. 9, 13, 36, 69, etc.
1857. Adams Gray and W.D. Miller, of New Orleans, fully equipped slavers. Ibid., pp. 3–5, 13.
1857–8. Charlotte, of New York, Charles, of Maryland, etc., reported American slavers. Ibid., passim.
1858, Aug. 21. Echo, captured with 306 slaves, and brought to Charleston, South Carolina. House Exec. Doc., 35 Cong. 2 sess. II. pt. 4, No. 2. pt. 4, pp. 5, 14.
1858, Sept. 8. Brothers, captured and sent to Charleston, South Carolina. Ibid., p. 14.
1858. Mobile, Cortez, Tropic Bird; cases of American slavers searched by British vessels. Ibid., 36 Cong. 2 sess. IV. No. 7, p. 97 ff.
1858. Wanderer, lands 500 slaves in Georgia. Senate Exec. Doc., 35 Cong. 2 sess. VII. No. 8; House Exec. Doc., 35 Cong. 2 sess. IX. No. 89.
1859, Dec. 20. Delicia, supposed to be Spanish, but without papers; captured by a United States ship. The United States courts declared her beyond their jurisdiction. House Exec. Doc., 36 Cong. 2 sess. IV. No. 7, p. 434.
1860. Erie, with 897 Africans, captured by a United States ship. Senate Exec. Doc., 36 Cong. 2 sess. I. No. 1, pp. 41–4.
1860. William, with 550 slaves, Wildfire, with 507, captured on the coast of Cuba. Senate Journal, 36 Cong. 1 sess. pp. 478–80, 492, 543, etc.; Senate Exec. Doc., 36 Cong. 1 sess. XI. No. 44; House Exec. Doc., 36 Cong. 1 sess. XII. No. 83; 36 Cong. 2 sess. V. No. 11; House Reports, 36 Cong. 1 sess. IV. No. 602.
1861. Augusta, slaver, which, in spite of the efforts of the officials, started on her voyage. Senate Exec Doc., 37 Cong. 2 sess. V. No. 40; New York Tribune, Nov. 26, 1861.
1861. Storm King, of Baltimore, lands 650 slaves in Cuba. Senate Exec. Doc., 38 Cong. 1 sess. No. 56, p. 3.
1862. Ocilla, of Mystic, Connecticut, lands slaves in Cuba. Ibid., pp. 8–13.
1864. Huntress, of New York, under the American flag, lands slaves in Cuba. Ibid., pp. 19–21.