On the 12th of January, 1819, the Secretary of the Navy transmitted to the Speaker of the House of Representatives copies of circular letters that had been sent to the naval officers on the various stations along the sea-coast of the slave-holding States. The following letter is a fair sample of the remainder:[1]
"Navy Department, January 22, 1811.
"Sir:—I hear, not without great concern, that the law prohibiting the importation of slaves has been violated in frequent instances, near St. Mary's, since the gun-boats have been withdrawn from that station.
"We are bound by law, by the obligations of humanity and sound policy, to use our most strenuous efforts to restrain this disgraceful traffic, and to bring those who shall be found engaged in it to those forfeitures and punishments which are by law prescribed for such offences.
"Hasten the equipment of the gun-boats which, by my letter of the 24th ultimo, you were directed to equip, and as soon as they shall be ready, despatch them to St. Mary's with orders to their commanders to use all practicable diligence in enforcing the law prohibiting the importation of slaves, passed March 2, 1807, 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, 1808.' The whole of this law, but especially the 7th section, requires your particular attention; that section declares, that any ship or vessel which shall be found in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of color, for the purpose of selling them as slaves, or with intent to land the same in any port or place within the jurisdiction of the United States, contrary to the prohibition of the act, shall, together with her tackle, apparel, and furniture, and the goods and effects which shall be found on board the same, be forfeited and may be seized, prosecuted, and condemned in any court of the United States having jurisdiction thereof.
"It further authorizes the President of the United States to cause any of the armed vessels of the United States to be manned and employed to cruise on any part of the coast of the United States, or territories thereof, and to instruct and direct the commanders to seize, take, and bring into any port of the United States, all such ships or vessels; and, moreover, to seize, take, and bring into any port of the United States, all ships or vessels of the United States, wherever found on the high seas, contravening the provisions of the act, to be proceeded against according to law.
"You will, therefore, consider yourself hereby especially instructed and required, and you will instruct and require all officers placed under your command, to seize, take, and bring into port, any vessel of whatever nature, found in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of color, for the purpose of selling them as slaves, or with intent to land the same, contrary to law; and, moreover, to seize, take, and bring into port, all ships or vessels of the United States, wheresoever found on the high seas or elsewhere, contravening the provisions of the law. Vessels thus to be seized, may be brought into any port of the United States; and when brought into port, must, without delay, be reported to the district-attorney of the United States residing in the district in which such port may be, who will institute such further proceedings as law and justice require.
"Every person found on board of such vessels must be taken especial care of. The negroes, mulattoes, or persons of color, are to be delivered to such persons as the respective States may appoint to receive the same. The commanders and crews of such vessels will be held under the prosecutions of the district-attorneys, to answer the pains and penalties prescribed by law for their respective offences. Whenever negroes, mulattoes, or persons of color shall be delivered to the persons appointed to receive the same, duplicate receipts must be taken therefore, and if no person shall be appointed by the respective States to receive them, they must be delivered 'to the overseers of the poor of the port or place where such ship or vessel may be brought or found,' and an account of your proceedings, together with the number and descriptive list of such negroes, mulattoes, or persons of color, must be immediately transmitted to the governor or chief magistrate of the State. You will communicate to me, minutely, all your proceedings.
"I am, sir, respectfully, etc.
Paul Hamilton.
"H. G. Campbell, Commanding Naval Officer,
Charleston, S. C."
On the 17th of December, 1819, President Monroe sent the following message to Congress on the subject of the slave-trade:
"MESSAGE.
"To the Senate and House of Representatives of the United States:
"Some doubt being entertained respecting the true intent and meaning of the act of the last session, entitled 'An Act in addition to the Acts prohibiting the slave-trade,' as to the duties of the agents, to be appointed on the coast of Africa, I think it proper to state the interpretation which has been given of the act, and the measures adopted to carry it into effect, that Congress may, should it be deemed advisable, amend the same, before further proceeding is had under it.
"The obligation to instruct the commanders of all our armed vessels to seize and bring into port all ships or vessels of the United States, wheresoever found, having on board any negro, mulatto, or person of color, in violation of former acts for the suppression of the slave-trade, being imperative, was executed without delay. No seizures have yet been made, but, as they were contemplated by the law, and might be presumed, it seemed proper to make the necessary regulations applicable to such seizures for carrying the several provisions of the act into effect.
"It is enjoined on the executive to cause all negroes, mulattoes, or persons of color, who may be taken under the act, to be removed to Africa. It is the obvious import of the law, that none of the persons thus taken should remain within the United States; and no place other than the coast of Africa being designated, their removal or delivery, whether carried from the United States or landed immediately from the vessels in which they were taken, was supposed to be confined to that coast. No settlement or station being specified, the whole coast was thought to be left open for the selection of a proper place, at which the persons thus taken should be delivered. The executive is authorized to appoint one or more agents, residing there, to receive such persons; and one hundred thousand dollars are appropriated for the general purposes of the law.
"On due consideration of the several sections of the act, and of its humane policy, it was supposed to be the intention of Congress, that all the persons above described, who might be taken under it, and landed in Africa, should be aided in their return to their former homes, or in their establishment at or near the place where landed. Some shelter and food would be necessary for them there, as soon as landed, let their subsequent disposition be what it might. Should they be landed without such provision having been previously made, they might perish. It was supposed, by the authority given to the executive to appoint agents residing on that coast, that they should provide such shelter and food, and perform the other beneficent and charitable offices contemplated by the act. The coast of Africa having been little explored, and no persons residing there who possessed the requisite qualifications to entitle them to the trust being known to the executive, to none such could it be committed. It was believed that citizens only, who would go hence, well instructed in the views of their government, and zealous to give them effect, would be competent to these duties, and that it was not the intention of the law to preclude their appointment. It was obvious that the longer these persons should be detained in the United States in the hands of the marshals, the greater would be the expense, and that for the same term would the main purpose of the law be suspended. It seemed, therefore, to be incumbent on me to make the necessary arrangements for carrying this act into effect in Africa, in time to meet the delivery of any persons who might be taken by the public vessels, and landed there under it.
"On this view of the policy and sanctions of the law, it has been decided to send a public ship to the coast of Africa with two such agents, who will take with them tools and other implements necessary for the purposes above mentioned. To each of these agents a small salary has been allowed—fifteen hundred dollars to the principal, and twelve hundred to the other. All our public agents on the coast of Africa receive salaries for their services, and it was understood that none of our citizens possessing the requisite qualifications would accept these trusts, by which they would be confined to parts the least frequented and civilized, without a reasonable compensation. Such allowance, therefore, seemed to be indispensable to the execution of the act. It is intended, also, to subject a portion of the sum appropriated, to the order of the principal agent, for the special objects above stated, amounting in the whole, including the salaries of the agents for one year, to rather less than one third of the appropriation. Special instructions will be given to these agents, defining, in precise terms, their duties in regard to the persons thus delivered to them; the disbursement of the money by the principal agent; and his accountability for the same. They will also have power to select the most suitable place on the coast of Africa, at which all persons who may be taken under this act shall be delivered to them, with an express injunction to exercise no power founded on the principle of colonization, or other power than that of performing the benevolent offices above recited, by the permission and sanction of the existing government under which they may establish themselves. Orders will be given to the commander of the public ship in which they will sail, to cruise along the coast, to give the more complete effect to the principal object of the act.
"James Monroe.
"Washington, December, 17, 1819."
In March, 1818, the delegate from Missouri presented petitions from the inhabitants of that territory, praying to be admitted into the Union as a State. They were referred to a select committee, and a bill was reported for the admission of Missouri as a State on equal footing with the other States. The bill was read twice, when it was sent to the Committee of the Whole, where it was permitted to remain during the entire session. During the next session, on the 13th of February, 1819, the House went into the Committee of the Whole with Gen. Smith, of Maryland, in the chair. The committee had two sittings during which they discussed the bill. Gen. Tallmadge, of New York, offered the following amendment directed against the life of the clause admitting slavery:
"And provided that the introduction of slavery, or involuntary servitude, be prohibited, except for the punishment of crimes whereof the party has been duly convicted, and that all children born within the said State, after the admission thereof into the Union, shall be declared free at the age of twenty-five years."
A long and an able discussion followed, in which the authority of the government to prohibit slavery under new State governments was affirmed and denied. On coming out of the Committee of the Whole, the yeas and nays were demanded on the amendment prohibiting the introduction of slavery into Missouri, and resulted as follows: yeas, 87,—only one vote from the South, Delaware; nays, 76,—ten votes from Northern States. Upon the latter clause of the amendment—"and that all children of slaves, born within the said State, after the admission thereof into the Union, shall be declared free at the age of twenty-five years": yeas, 82,—one vote from Maryland; nays, 78,—fourteen from Northern States. And thus the entire amendment of Gen. Tallmadge was sustained, and being reported to the House, passed by a vote 98 to 56.
The bill reached the Senate on the 17th of February, and after its second reading was referred to a select committee. On the 22d of February, the chairman, Mr. Tait, of Georgia, reported the bill back with amendments, striking out the Tallmadge restriction clauses. The House went into the Committee of the Whole on the 27th of February, to consider the bill, when Mr. Wilson, of New Jersey, moved to postpone the further consideration of the bill until the 5th of March. It was rejected. The committee then began to vote upon the recommendations of the select committee. Upon striking out the House amendment, providing that all the children of slaves born within said State should be free, etc., it was carried by a vote of 27 to 7, eleven Northern Senators voting to strike out. The seven votes against striking out were all from free States.
Upon the clause prohibiting servitude except for crimes, etc., 22 votes were cast for striking out,—five being from Northern States; against striking out, 16,—and they were all from Northern States.
Thus amended, the bill was ordered to be engrossed, and on the 2d of March—the last day but one of the session—was read a third time and passed. It was returned to the House, where the amendments were read, when Mr. Tallmadge moved that the bill be indefinitely postponed. His motion was rejected by a vote of: yeas, 69; nays, 74. But upon a motion to concur in the Senate amendments, the House refused to concur: yeas, 76; nays, 78. The Senate adhered to their amendments, and the House adhered to their disagreement by a vote of 76 to 66; and thus the bill fell between the two Houses and was lost.