This committee reported in February a bill providing, as a compromise, that forfeited negroes should be carried to some place in the United States where slavery was either not permitted or was in course of gradual extinction, and there be indentured or otherwise employed as the President might deem best for them and the country. Early moved that for this there be substituted a provision that the slaves be delivered to the several states in which the captures were made, to be disposed of at discretion; and he said that the Southern people would resist the indenture provision with their lives. This reckless assertion suggests that Early was either set against the framing of an effective law, or that he spoke in mere blind rage.
Before further progress was made the House laid aside its bill in favor of the one which the Senate had now passed. An amendment to this, striking out the death penalty, was adopted on February 12 by a vote of 67 to 48. The North gave 31 ayes and 36 noes, quite evenly distributed among the states. The South cast 37 ayes to 11 noes, five of the latter coming from Virginia, two from North Carolina, and one each from Delaware, Maryland, Kentucky and South Carolina. A considerable shifting of votes appeared since the ballot on the same question six weeks before. Knight of Rhode Island, Sailly and Williams of New York, Helms of New Jersey and Wynns of North Carolina changed in favor of the extreme penalty; but they were more than offset by the opposite change of Bidwell of Massachusetts, Van Cortlandt of New York, Lambert of New Jersey, Clay and Gray of Virginia and McFarland of North Carolina. Numerous members from all quarters who voted on one of these roll-calls were silent at the other, and this variation also had a net result against the infliction of death. The House then filled the blank it had made in the bill by defining the offense as a high misdemeanor and providing a penalty of imprisonment of not less than five nor more than ten years. John Randolph opposed even this as excessive, but found himself unsupported. The House then struck out the prohibition of the coasting trade in slaves, and returned the bill as amended to the Senate. The latter concurred in all the changes except that as to the coastwise trade, and sent the bill back to the House.
John Randolph now led in the insistence that the House stand firm. If the bill should pass without the amendment, said he, the Southern people would set the law at defiance, and he himself would begin the violation of so unconstitutional an infringement of the rights of property. The House voted to insist upon its amendment, and sent the bill to conference where in compromise the prohibition as to the coastwise carriage of slaves for sale was made to apply only to vessels of less than forty tons burthen. The Senate agreed to this. In the House Mr. Early opposed it as improper in law and so easy of evasion that it would be perfectly futile for the prevention of smuggling from Florida. John Randolph said: "The provision of the bill touched the right of private property. He feared lest at a future period it might be made the pretext of universal emancipation. He had rather lose the bill, he had rather lose all the bills of the session, he had rather lose every bill passed since the establishment of the government, than agree to the provision contained in this slave bill. It went to blow up the Constitution in ruins."[30] Concurrence was carried, nevertheless, by a vote of 63 to 49, in which the North cast 51 ayes to 12 noes, and the South 12 ayes to 37 noes. The Southern ayes were four from Maryland, four from North Carolina, two from Tennessee, and one each from Virginia and Kentucky. The Northern noes were five from New York, two each from New Hampshire and Vermont, and one each from Massachusetts, Connecticut and Pennsylvania.
[Footnote 30: Annals of Congress, 1806-1807, p. 626.]
The bill then passed the House. Its variance from the original House bill was considerable, for it made the importation of slaves from abroad a high misdemeanor punishable with imprisonment; it prohibited the coastwise trade by sea in vessels of less than forty tons, and required the masters of larger vessels transporting negroes coastwise to deliver to the port officials classified manifests of the negroes and certificates that to the best of their knowledge and belief the slaves had not been imported since the beginning of 1808; and instead of forfeiture to the United States it provided that all smuggled slaves seized under the act should be subject to such disposal as the laws of the state or territory in which the seizure might be made should prescribe.[31] Randolph, still unreconciled, offered an explanatory act, February 27, that nothing in the preceding act should be construed to affect in any manner the absolute property right of masters in their slaves not imported contrary to the law, and that such masters should not be liable to any penalty for the coastwise transportation of slaves in vessels of less than forty tons. In attempting to force this measure through, he said that if it did not pass the House at once he hoped the Virginia delegation would wait on the President and remonstrate against his approving the act which had passed.[32] By a vote of 60 to 49 this bill was made the order for the next day; but its further consideration was crowded out by the rush of business at the session's close. The President signed the prohibitory bill on March 2, without having received the threatened Virginia visitation.
[Footnote 31: Ibid., pp. 1266-1270.]
[Footnote 32: Annals of Congress, 1806-1807, p. 637.]
Among the votes in the House on which the yeas and nays were recorded in the course of these complex proceedings, six may be taken as tests. They were on striking out the death penalty, December 31; on striking out the forfeiture of slaves, January 7; on the proviso that no person should be sold by virtue of the act, January 7; on referring the bill to a new committee, January 8; on striking out the death penalty from the Senate bill, February 12; and on the prohibition of the coasting trade in slaves in vessels of under forty tons, February 26. In each case a majority of the Northern members voted on one side of the question, and a yet larger majority of Southerners voted on the other. Twenty-two members voted in every case on the side which the North tended to adopt. These comprised seven from Massachusetts, six from Pennsylvania, three from Connecticut, and one or two from each of the other Northern states except Rhode Island and Ohio. They comprised also Broom of Delaware, Bedinger of Kentucky, and Morrow of Virginia; while Williams of North Carolina was almost equally constant in opposing the policies advocated by the bulk of his fellow Southerners. On the other hand the regulars on the Southern side comprised not only ten Virginians, all of the six South Carolinians, except three of their number on the punishment questions, all of the four Georgians, three North Carolinians, two Marylanders and one Kentuckian, but in addition Tenney of New Hampshire, Schuneman, Van Rensselaer and Verplanck of New York on all but the punishment questions.
On the whole, sectional divergence was fairly pronounced, but only on matters of detail. The expressions from all quarters of a common desire to make the prohibition of importations effective were probably sincere without material exception. As regards the Virginia group of states, their economic interest in high prices for slaves vouches for the genuine purpose of their representatives, while that of the Georgians and South Carolinians may at the most be doubted and not disproved. The South in general wished to prevent any action which might by implication stigmatize the slaveholding régime, and was on guard also against precedents tending to infringe state rights. The North, on the other hand, was largely divided between a resolve to stop the sanction of slavery and a desire to enact an effective law in the premises directly at issue. The outcome was a law which might be evaded with relative ease wherever public sanction was weak, but which nevertheless proved fairly effective in operation.
When slave prices rose to high levels after the war of 1812 systematic smuggling began to prevail from Amelia Island on the Florida border, and on a smaller scale on the bayous of the Barataria district below New Orleans; but these operations were checked upon the passage of a congressional act in 1818 increasing the rewards to informers. Another act in the following year directed the President to employ armed vessels for police in both African and American waters, and incidentally made provisions contemplating the return of captured slaves to Africa. Finally Congress by an act of 1820 declared the maritime slave trade to be piracy.[33] Smuggling thereafter diminished though it never completely ceased.