52. The Louisiana Slave-Trade, 1803–1805. About this time the cession of Louisiana brought before Congress the question of the status of slavery and the slave-trade in the Territories. Twice or thrice before had the subject called for attention. The first time was in the Congress of the Confederation, when, by the Ordinance of 1787,[55] both slavery and the slave-trade were excluded from the Northwest Territory. In 1790 Congress had accepted the cession of North Carolina back lands on the express condition that slavery there be undisturbed.[56] Nothing had been said as to slavery in the South Carolina cession (1787),[57] but it was tacitly understood that the provision of the Northwest Ordinance would not be applied. In 1798 the bill introduced for the cession of Mississippi contained a specific declaration that the anti-slavery clause of 1787 should not be included.[58] The bill passed the Senate, but caused long and excited debate in the House.[59] It was argued, on the one hand, that the case in Mississippi was different from that in the Northwest Territory, because slavery was a legal institution in all the surrounding country, and to prohibit the institution was virtually to prohibit the settling of the country. On the other hand, Gallatin declared that if this amendment should not obtain, "he knew not how slaves could be prevented
from being introduced by way of New Orleans, by persons who are not citizens of the United States." It was moved to strike out the excepting clause; but the motion received only twelve votes,—an apparent indication that Congress either did not appreciate the great precedent it was establishing, or was reprehensibly careless. Harper of South Carolina then succeeded in building up the Charleston slave-trade interest by a section forbidding the slave traffic from "without the limits of the United States." Thatcher moved to strike out the last clause of this amendment, and thus to prohibit the interstate trade, but he failed to get a second.[60] Thus the act passed, punishing the introduction of slaves from without the country by a fine of $300 for each slave, and freeing the slave.[61]
In 1804 President Jefferson communicated papers to Congress on the status of slavery and the slave-trade in Louisiana.[62] The Spanish had allowed the traffic by edict in 1793, France had not stopped it, and Governor Claiborne had refrained from interference. A bill erecting a territorial government was already pending.[63] The Northern "District of Louisiana" was placed under the jurisdiction of Indiana Territory, and was made subject to the provisions of the Ordinance of 1787. Various attempts were made to amend the part of the bill referring to the Southern Territory: first, so as completely to prohibit the slave-trade;[64] then to compel the emancipation at a certain age of all those imported;[65] next, to confine all importation to that from the States;[66] and, finally, to limit it further to slaves imported before South Carolina opened her ports.[67] The last two amendments prevailed, and the final act also extended to the Territory the Acts of 1794 and 1803. Only slaves imported before May 1, 1798, could be introduced, and those must be slaves of actual settlers.[68] All
slaves illegally imported were freed.
This stringent act was limited to one year. The next year, in accordance with the urgent petition of the inhabitants, a bill was introduced against these restrictions.[69] By dexterous wording, this bill, which became a law March 2, 1805,[70] swept away all restrictions upon the slave-trade except that relating to foreign ports, and left even this provision so ambiguous that, later, by judicial interpretation of the law,[71] the foreign slave-trade was allowed, at least for a time.
Such a stream of slaves now poured into the new Territory that the following year a committee on the matter was appointed by the House.[72] The committee reported that they "are in possession of the fact, that African slaves, lately imported into Charleston, have been thence conveyed into the territory of Orleans, and, in their opinion, this practice will be continued to a very great extent, while there is no law to prevent it."[73] The House ordered a bill checking this to be prepared; and such a bill was reported, but was soon dropped.[74] Importations into South Carolina during this time reached enormous proportions. Senator Smith of that State declared from official returns that, between 1803 and 1807, 39,075 Negroes were imported into Charleston, most of
whom went to the Territories.[75]
53. Last Attempts at Taxation, 1805–1806. So alarming did the trade become that North Carolina passed a resolution in December, 1804,[76] proposing that the States give Congress power to prohibit the trade. Massachusetts,[77] Vermont,[78] New Hampshire,[79] and Maryland[80] responded; and a joint resolution was introduced in the House, proposing as an amendment to the Constitution "That the Congress of the United States shall have power to prevent the further importation of slaves into the United States and the Territories thereof."[81] Nothing came of this effort; but meantime the project of taxati
on was revived. A motion to this effect, made in February, 1805, was referred to a Committee of the Whole, but was not discussed. Early in the first session of the ninth Congress the motion of 1805 was renewed; and although again postponed on the assurance that South Carolina was about to stop the trade,[82] it finally came up for debate January 20, 1806.[83] Then occurred a most stubborn legislative battle, which lasted during the whole session.[84] Several amendments to the motion were first introduced, so as to make it apply to all immigrants, and again to all "persons of color." As in the former debate, it was proposed to substitute a resolution of censure on South Carolina. All these amendments were lost. A long debate on the expediency of the measure followed, on the old grounds. Early of Georgia dwelt especially on the double taxation it would impose on Georgia; others estimated that a revenue of one hundred thousand dollars might be derived from the tax, a sum sufficient to replace the tax on pepper and medicines. Angry charges and counter-charges were made,—e.g., that Georgia, though ashamed openly to avow the trade, participated in it as well as South Carolina. "Some recriminations ensued between several members, on the participation of the traders of some of the New England States in carrying on the slave trade." Finally, January 22, by a vote of 90 to 25, a tax bill was ordered to be brought in.[85] One was reported on the 27th.[86] Every sort of opposition was resorted to. On the one hand, attempts were made to amend it so as to prohibit importation after 1807, and to prevent importation into the Territories; on the other hand, attempts were made to recommit and postpone the measure. It finally got a third reading, but was recommitted to a select committee, and disappeared until February 14.[87] Being then amended so as to provide for the forfeiture of smuggled cargoes, but saying nothing as to the disposition of the slaves, it was again relegated to a committee, after a vote of 69 to 42 against postponement.[88] On
March 4 it appeared again, and a motion to reject it was lost. Finally, in the midst of the war scare and the question of non-importation of British goods, the bill was apparently forgotten, and the last attempt to tax imported slaves ended, like the others, in failure.