has expired."[28] The reports of the navy show that in only four of the eight years mentioned was the fleet, at the time of report, at the stipulated size of eighty guns; and at times it was much below this, even as late as 1848, when only two vessels are reported on duty along the African coast.[29] As the commanders themselves acknowledged, the squadron was too small and the cruising-ground too large to make joint cruising effective.[30]
The same story comes from the Brazil station: "Nothing effectual can be done towards stopping the slave trade, as our squadron is at present organized," wrote the consul at Rio Janeiro in 1847; "when it is considered that the Brazil station extends from north of the equator to Cape Horn on this continent, and includes a great part of Africa south of the equator, on both sides of the Cape of Good Hope, it must be admitted that one frigate and one brig is a very insufficient force to protect American commerce, and repress the participation in the slave trade by our own vessels."[31] In the Gulf of Mexico cruisers were stationed most of the time, although even here there were at times urgent representations that the scarcity or the absence of such vessels gave the illicit trade great license.[32]
Owing to this general negligence of the government, and also to its anxiety on the subject of the theoretic Right of Search, many officials were kept in a state of chronic deception in regard to the trade. The enthusiasm of commanders was dampened by the lack of latitude allowed and by the repeated
insistence in their orders on the non-existence of a Right of Search.[33] When one commander, realizing that he could not cover the trading-track with his fleet, requested English commanders to detain suspicious American vessels until one of his vessels came up, the government annulled the agreement as soon as it reached their ears, rebuked him, and the matter was alluded to in Congress long after with horror.[34] According to the orders of cruisers, only slavers with slaves actually on board could be seized. Consequently, fully equipped slavers would sail past the American fleet, deliberately make all preparations for shipping a cargo, then, when the English were not near, "sell" the ship to a Spaniard, hoist the Spanish flag, and again sail gayly past the American fleet with a cargo of slaves. An English commander reported: "The officers of the United States' navy are extremely active and zealous in the cause, and no fault can be attributed to them, but it is greatly to be lamented that this blemish should in so great a degree nullify our endeavours."[35]
78. Responsibility of the Government. Not only did the government thus negatively favor the slave-trade, but also many conscious, positive acts must be attributed to a spirit hostile to the proper enforcement of the slave-trade laws. In cases of doubt, when the law needed executive interpretation, the decision was usually in favor of the looser construction of the law; the trade from New Orleans to Mobile was, for instance, declared not to be coastwise trade, and consequently, to the joy of the Cuban smugglers, was left utterly free and unrestricted.[36] After the conquest of Mexico, even vessels bound to California, by the way of Cape Horn, were
allowed to clear coastwise, thus giving our flag to "the slave-pirates of the whole world."[37] Attorney-General Nelson declared that the selling to a slave-trader of an American vessel, to be delivered on the coast of Africa, was not aiding or abetting the slave-trade.[38] So easy was it for slavers to sail that corruption among officials was hinted at. "There is certainly a want of proper vigilance at Havana," wrote Commander Perry in 1844, "and perhaps at the ports of the United States;" and again, in the same year, "I cannot but think that the custom-house authorities in the United States are not sufficiently rigid in looking after vessels of suspicious character."[39]
In the courts it was still next to impossible to secure the punishment of the most notorious slave-trader. In 1847 a consul writes: "The slave power in this city [i.e., Rio Janeiro] is extremely great, and a consul doing his duty needs to be supported kindly and effectually at home. In the case of the 'Fame,' where the vessel was diverted from the business intended by her owners and employed in the slave trade—both of which offences are punishable with death, if I rightly read the laws—I sent home the two mates charged with these offences, for trial, the first mate to Norfolk, the second mate to Philadelphia. What was done with the first mate I know not. In the case of the man sent to Philadelphia, Mr. Commissioner Kane states that a clear prima facie case is made out, and then holds him to bail in the sum of one thousand dollars, which would be paid by any slave trader in Rio, on the presentation of a draft. In all this there is little encouragement for exertion."[40] Again, the "Perry" in 1850 captured a slaver which was about to ship 1,800 slaves. The captain admitted his guilt, and was condemned in the United States District Court at New York. Nevertheless, he was admitted to bail of $5,000; this being afterward reduced to $3,000, he forfeited it and escaped. The mate was sentenced to two years in the penitentiary.[41]
Also several slavers sent home to the United States by the British, with clear evidence of guilt, escaped condemnation through technicalities.[42]
79. Activity of the Slave-Trade, 1820–1850. The enhanced price of slaves throughout the American slave market, brought about by the new industrial development and the laws against the slave-trade, was the irresistible temptation that drew American capital and enterprise into that traffic. In the United States, in spite of the large interstate traffic, the average price of slaves rose from about $325 in 1840, to $360 in 1850, and to $500 in 1860.[43] Brazil and Cuba offered similar inducements to smugglers, and the American flag was ready to protect such pirates. As a result, the American slave-trade finally came to be carried on principally by United States capital, in United States ships, officered by United States citizens, and under the United States flag.
Executive reports repeatedly acknowledged this fact. In 1839 "a careful revision of these laws" is recommended by the President, in order that "the integrity and honor of our flag may be carefully preserved."[44] In June, 1841, the President declares: "There is reason to believe that the traffic is on the increase," and advocates "vigorous efforts."[45] His message in December of the same year acknowledges: "That the American flag is grossly abused by the abandoned and profligate of other nations is but too probable."[46] The special message of 1845 explains at length that "it would seem" that a regular policy of evading the laws is carried on: American vessels with the knowledge of the owners are chartered by notorious slave dealers in Brazil, aided by English capitalists, with this intent.[47] The message of 1849 "earnestly" invites the attention of Congress "to an amendment of our existing laws relating to the African slave-trade, with a view to the effectual suppression