[Footnote 25: W.E.B. DuBois, Suppression of the African Slave Trade, p. 105.]
The report of proceedings in the House was now full, now scant. The paragraph of the President's message was referred on December 3 to a committee of seven with Peter Early of Georgia as chairman and three other Southerners in the membership. The committee's bill reported on December 15, proposed to prohibit slave importations, to penalize the fitting out of vessels for the trade by fine and forfeiture, to lay fines and forfeitures likewise upon the owners and masters found within the jurisdictional waters of the United States with slaves from abroad on board, and empowered the President to use armed vessels in enforcement. It further provided that if slaves illegally introduced should be found within the United States they should be forfeited, and any person wittingly concerned in buying or selling them should be fined; it laid the burden of proof upon defendants when charged on reasonable grounds of presumption with having violated the act; and it prescribed that the slaves forfeited should, like other goods in the same status, be sold at public outcry by the proper federal functionaries.[27]
[Footnote 26: Annals of Congress, 1806-1807, p. 14.]
[Footnote 27 Ibid., pp. 167, 168.]
Mr. Sloan of New Jersey instantly moved to amend by providing that the forfeited slaves be entitled to freedom. Mr. Early replied that this would rob the bill of all effect by depriving it of public sanction in the districts whither slaves were likely to be brought. Those communities, he said, would never tolerate the enforcement of a law which would set fresh Africans at large in their midst. Mr. Smilie, voicing the sentiment and indicating the dilemma of most of his fellow Pennsylvanians, declared his unconquerable aversion to any measure which would make the federal government a dealer in slaves, but confessed that he had no programme of his own. Nathaniel Macon, the Speaker, saying that he thought the desire to enact an effective law was universal, agreed with Early that Sloan's amendment would defeat the purpose. Early himself waxed vehement, prophesying the prompt extermination of any smuggled slaves emancipated in the Southern states. The amendment was defeated by a heavy majority.
Next day, however, Mr. Bidwell of Massachusetts renewed Sloan's attack by moving to strike out the provision for the forfeiture of the slaves; but his colleague Josiah Quincy, supported by the equally sagacious Timothy Pitkin of Connecticut, insisted upon the necessity of forfeiture; and Early contended that this was particularly essential to prevent the smuggling of slaves across the Florida border where the ships which had brought them would keep beyond the reach of congressional laws. The House finding itself in an impasse referred the bill back to the same committee, which soon reported it in a new form declaring the illegal importation of slaves a felony punishable with death. Upon Early's motion this provision was promptly stricken out in committee of the whole by a vote of 60 to 41; whereupon Bidwell renewed his proposal to strike out the forfeiture of slaves. He was numerously supported in speeches whose main burden was that the United States government must not become the receiver of stolen goods. The speeches in reply stressed afresh the pivotal quality of forfeiture in an effective law; and Bidwell when pressed for an alternative plan could only say that he might if necessary be willing to leave them to the disposal of the several states, but was at any rate "opposed to disgracing our statute book with a recognition of the principle of slavery." Quincy replied that he wished Bidwell and his fellows "would descend from their high abstract ground to the level of things in their own state—such as have, do and will exist after your laws, and in spite of them." The Southern members, said he, were anxious for nothing so much as a total prohibition, and for that reason were insistent upon forfeiture. For the sake of enforcing the law, and for the sake of controlling the future condition of the smuggled slaves, forfeiture was imperative. Such a provision would not necessarily admit that the importers had had a title in the slaves before capture, but it and it alone would effectively divest them of any color of title to which they might pretend. The amendment was defeated by a vote of 36 to 63.
When the bill with amendments was reported to the House by the committee of the whole, on December 31, there was vigorous debate upon the question of substituting imprisonment of from five to ten years in place of the death penalty. Mr. Talmadge of Connecticut supported the provision of death with a biblical citation; and Mr. Smilie said he considered it the very marrow of the bill. Mr. Lloyd of Maryland thought the death penalty would be out of proportion to the crime, and considered the extract from Exodus inapplicable since few of the negroes imported had been stolen in Africa. But Mr. Olin of Vermont announced that the man-stealing argument had persuaded him in favor of the extreme penalty. Early now became furious, and in his fury, frank. In a preceding speech he had pronounced slavery "an evil regretted by every man in the country."[28] He now said: "A large majority of the people in the Southern states do not … believe it immoral to hold human flesh in bondage. Many deprecate slavery as an evil; as a political evil; but not as a crime. Reflecting men apprehend, at some future day, evils, incalculable evils, from it; but it is a fact that few, very few, consider it as a crime. It is best to be candid on this subject…. I will tell the truth. A large majority of people in the Southern states do not consider slavery as an evil. Let the gentleman go and travel in that quarter of the Union; let him go from neighborhood to neighborhood, and he will find that this is the fact. Some gentlemen appear to legislate for the sake of appearances…. I should like to know what honor you will derive from a law that will be broken every day of your lives."[29] Mr. Stanton said with an air of deprecation on behalf of his state of Rhode Island: "I wish the law made so strong as to prevent this trade in future; but I cannot believe that a man ought to be hung for only stealing a negro. Those who buy them are as bad as those who import them, and deserve hanging quite as much." The yeas and nays recorded at the end of the exhausting day showed 63 in favor and 53 against the substitution of imprisonment. The North was divided, 29 to 37, with the nays coming mostly from Pennsylvania, Massachusetts and Connecticut; the South, although South Carolina as well as Kentucky was evenly divided, cast 34 yeas to 16 nays. Virginia and Maryland, which might have been expected to be doubtful, virtually settled the question by casting 17 yeas against 6 nays.
[Footnote 28: Annals of Congress, 1806-1807, p. 174.]
[Footnote 29: Ibid., pp. 238, 239.]
When the consideration of the bill was resumed on January 7, Mr. Bidwell renewed his original attack by moving to strike out the confiscation of slaves; and when this was defeated by 39 to 77, he attempted to reach the same end by a proviso "That no person shall be sold as a slave by virtue of this act," This was defeated only by the casting vote of the Speaker. Those voting aye were all from Northern states, except Archer of Maryland, Broom of Delaware, Bedinger of Kentucky and Williams of North Carolina. The noes were all from the South except one from New Hampshire, ten from New York, and one from Pennsylvania. The outcome was evidently unsatisfactory to the bulk of the members, for on the next day a motion to recommit the bill to a new committee of seventeen prevailed by a vote of 76 to 46. Among the members who shifted their position over night were six of the ten from New York, four from Maryland, three from Virginia, and two from North Carolina. In the new committee Bedinger of Kentucky, who was regularly on the Northern side, was chairman, and Early was not included.