From such evidence it seems clear that the slave-trade laws, in spite of the efforts of the government, in spite even of much opposition to these extra-legal methods in the South itself, were grossly violated, if not nearly nullified, in the latter part of the decade 1850–1860.
89. Apathy of the Federal Government. During the decade there was some attempt at reactionary legislation, chiefly directed at the Treaty of Washington. June 13, 1854, Slidell, from the Committee on Foreign Relations, made an elaborate report to the Senate, advocating the abrogation of the 8th Article of that treaty, on the ground that it was costly, fatal to the health of the sailors, and useless, as the trade had actually
increased under its operation.[57] Both this and a similar attempt in the House failed,[58] as did also an attempt to substitute life imprisonment for the death penalty.[59] Most of the actual legislation naturally took the form of appropriations. In 1853 there was an attempt to appropriate $20,000.[60] This failed, and the appropriation of $8,000 in 1856 was the first for ten years.[61] The following year brought a similar appropriation,[62] and in 1859[63] and 1860[64] $75,000 and $40,000 respectively were appropriated. Of attempted legislation to strengthen the laws there was plenty: e.g., propositions to regulate the issue of sea-letters and the use of our flag;[65] to prevent the "coolie" trade, or the bringing in of "apprentices" or "African laborers;"[66] to stop the coastwise trade;[67] to assent to a Right of Search;[68] and to amend the Constitution by forever prohibiting the slave-trade.[69]
The efforts of the executive during this period were criminally lax and negligent. "The General Government did not
exert itself in good faith to carry out either its treaty stipulations or the legislation of Congress in regard to the matter. If a vessel was captured, her owners were permitted to bond her, and thus continue her in the trade; and if any man was convicted of this form of piracy, the executive always interposed between him and the penalty of his crime. The laws providing for the seizure of vessels engaged in the traffic were so constructed as to render the duty unremunerative; and marshals now find their fees for such services to be actually less than their necessary expenses. No one who bears this fact in mind will be surprised at the great indifference of these officers to the continuing of the slave-trade; in fact, he will be ready to learn that the laws of Congress upon the subject had become a dead letter, and that the suspicion was well grounded that certain officers of the Federal Government had actually connived at their violation."[70] From 1845 to 1854, in spite of the well-known activity of the trade, but five cases obtained cognizance in the New York district. Of these, Captains Mansfield and Driscoll forfeited their bonds of $5,000 each, and escaped; in the case of the notorious Canot, nothing had been done as late as 1856, although he was arrested in 1847; Captain Jefferson turned State's evidence, and, in the case of Captain Mathew, a nolle prosequi was entered.[71] Between 1854 and 1856 thirty-two persons were indicted in New York, of whom only thirteen had at the latter date been tried, and only one of these convicted.[72] These dismissals were seldom on account of insufficient evidence. In the notorious case of the "Wanderer," she was arrested on suspicion, released, and soon after she landed a cargo of slaves in Georgia; some who attempted to seize the Negroes were arrested for larceny, and in spite of the efforts of Congress the captain was never punished. The yacht was afterwards started on another voyage, and being brought back to Boston was sold to her former owner for about one third her value.[73] The bark "Emily" was seized on suspicion and
released, and finally caught red-handed on the coast of Africa; she was sent to New York for trial, but "disappeared" under a certain slave captain, Townsend, who had, previous to this, in the face of the most convincing evidence, been acquitted at Key West.[74]
The squadron commanders of this time were by no means as efficient as their predecessors, and spent much of their time, apparently, in discussing the Right of Search. Instead of a number of small light vessels, which by the reports of experts were repeatedly shown to be the only efficient craft, the government, until 1859, persisted in sending out three or four great frigates. Even these did not attend faithfully to their duties. A letter from on board one of them shows that, out of a fifteen months' alleged service, only twenty-two days were spent on the usual cruising-ground for slavers, and thirteen of these at anchor; eleven months were spent at Madeira and Cape Verde Islands, 300 miles from the coast and 3,000 miles from the slave market.[75] British commanders report the apathy of American officers and the extreme caution of their instructions, which allowed many slavers to escape.[76]
The officials at Washington often remained in blissful, and perhaps willing, ignorance of the state of the trade. While Americans were smuggling slaves by the thousands into Brazil, and by the hundreds into the United States, Secretary Graham was recommending the abrogation of the 8th Article of the Treaty of Washington;[77] so, too, when the Cuban slave-trade was reaching unprecedented activity, and while slavers were being fitted out in every port on the Atlantic seaboard, Secretary Kennedy naïvely reports, "The time has come, perhaps, when it may be properly commended to the notice of Congress to inquire into the necessity of further continuing the regular employment of a squadron on this [i.e., the African] coast."[78] Again, in 1855, the government has
"advices that the slave trade south of the equator is entirely broken up;"[79] in 1856, the reports are "favorable;"[80] in 1857 a British commander writes: "No vessel has been seen here for one year, certainly; I think for nearly three years there have been no American cruizers on these waters, where a valuable and extensive American commerce is carried on. I cannot, therefore, but think that this continued absence of foreign cruizers looks as if they were intentionally withdrawn, and as if the Government did not care to take measures to prevent the American flag being used to cover Slave Trade transactions;"[81] nevertheless, in this same year, according to Secretary Toucey, "the force on the coast of Africa has fully accomplished its main object."[82] Finally, in the same month in which the "Wanderer" and her mates were openly landing cargoes in the South, President Buchanan, who seems to have been utterly devoid of a sense of humor, was urging the annexation of Cuba to the United States as the only method of suppressing the slave-trade![83]
About 1859 the frequent and notorious violations of our laws aroused even the Buchanan government; a larger appropriation was obtained, swift light steamers were employed, and, though we may well doubt whether after such a carnival illegal importations "entirely" ceased, as the President informed Congress,[84] yet some sincere efforts at suppression were certainly begun. From 1850 to 1859 we have few notices of captured slavers, but in 1860 the increased appropriation of the thirty-fifth Congress resulted in the capture of twelve vessels with 3,119 Africans.[85] The Act of June 16, 1860, enabled the