For knowingly buying illegally imported Negroes, a fine of $800 for each Negro, and forfeiture.

58. The Third Question: How shall the Interstate Coastwise Slave-Trade be protected? The first proposition was to prohibit the coastwise slave-trade altogether,[49] but an amendment reported to the House allowed it "in any vessel

or species of craft whatever." It is probable that the first proposition would have prevailed, had it not been for the vehement opposition of Randolph and Early.[50] They probably foresaw the value which Virginia would derive from this trade in the future, and consequently Randolph violently declared that if the amendment did not prevail, "the Southern people would set the law at defiance. He would begin the example." He maintained that by the first proposition "the proprietor of sacred and chartered rights is prevented the Constitutional use of his property."[51] The Conference Committee finally arranged a compromise, forbidding the coastwise trade for purposes of sale in vessels under forty tons.[52] This did not suit Early, who declared that the law with this provision "would not prevent the introduction of a single slave."[53] Randolph, too, would "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."[54] He predicted the severance of the slave and the free States, if disunion should ever come. Congress was, however, weary with the dragging of the bill, and it passed both Houses with the compromise provision. Randolph was so dissatisfied that he had a committee appointed the next day, and introduced an amendatory bill. Both this bill and another similar one, introduced at the next session, failed of consideration.[55]

59. Legislative History of the Bill.[56] On December 12, 1805, Senator Stephen R. Bradley of Vermont gave notice of a bill to prohibit the introduction of slaves after 1808. By a vote of 18 to 9 leave was given, and the bill read a first time

on the 17th. On the 18th, however, it was postponed until "the first Monday in December, 1806." The presidential message mentioning the matter, Senator Bradley, December 3, 1806, gave notice of a similar bill, which was brought in on the 8th, and on the 9th referred to a committee consisting of Bradley, Stone, Giles, Gaillard, and Baldwin. This bill passed, after some consideration, January 27. It provided, among other things, that violations of the act should be felony, punishable with death, and forbade the interstate coast-trade.[57]

Meantime, in the House, Mr. Bidwell of Massachusetts had proposed, February 4, 1806, as an amendment to a bill taxing slaves imported, that importation after December 31, 1807, be prohibited, on pain of fine and imprisonment and forfeiture of ship.[58] This was rejected by a vote of 86 to 17. On December 3, 1806, the House, in appointing committees on the message, "Ordered, That Mr. Early, Mr. Thomas M. Randolph, Mr. John Campbell, Mr. Kenan, Mr. Cook, Mr. Kelly, and Mr. Van Rensselaer be appointed a committee" on the slave-trade. This committee reported a bill on the 15th, which was considered, but finally, December 18, recommitted. It was reported in an amended form on the 19th, and amended in Committee of the Whole so as to make violation a misdemeanor punishable by fine and imprisonment, instead of a felony punishable by death.[59] A struggle over the disposal of the cargo then ensued. A motion by Bidwell to except the cargo from forfeiture was lost, 77 to 39. Another motion by Bidwell may be considered the crucial vote on the whole bill: it was an amendment to the forfeiture clause, and read, "Provided, that no person shall be sold as a slave by virtue of this act."[60] This resulted in a tie vote, 60 to 60; but the casting vote of

the Speaker, Macon of North Carolina, defeated it. New England voted solidly in favor of it, the Middle States stood 4 for and 2 against it, and the six Southern States stood solid against it. On January 8 the bill went again to a select committee of seventeen, by a vote of 76 to 46. The bill was reported back amended January 20, and on the 28th the Senate bill was also presented to the House. On the 9th, 10th, and 11th of February both bills were considered in Committee of the Whole, and the Senate bill finally replaced the House bill, after several amendments had been made.[61] The bill was then passed, by a vote of 113 to 5.[62] The Senate agreed to the amendments, including that substituting fine and imprisonment for the death penalty, but asked for a conference on the provision which left the interstate coast-trade free. The six conferees succeeded in bringing the Houses to agree, by limiting the trade to vessels over forty tons and requiring registry of the slaves.[63]

The following diagram shows in graphic form the legislative history of the act:—[64]

Senate.1805.House.
Bradley gives notice.—Dec.12.
Leave given; bill read.— 17.
Postponed one year.— 18.
1806.
Feb.4.—Bidwell's amendment.
Notice.—Dec.3.—Committee on
Bill introduced.— 8.|slave trade.
Committed.| 9.|
—15.|Bill reported.
|17.|
|18.|
|19.|
|23.|
|29.|
|31.|
|1807.|
|Jan.5.|
|7.|
|8.—Read third time; recommitted.
Reported.— 15.|
|16.|
|20.—Reported amended.
Third reading.— 26.|
PASSED.— 27.|
+————+|
28.||Senate bill reported.
Feb.9.||
10.||
11.||Senate bill amended.
12.||
Reported from House. 13.—PASSED.
†————†
Reported to House.| 17.Reported back.
†————†
18.|House insists; asks conference.
<————+
House asks conference.\——\/........../
....../\—......>
2 | 5.....Conference report adopted.
Conference report adopted.<..........2 | 6
Bill enrolled......2 | 8
March↓2
Signed by the President.

This bill received the approval of President Jefferson, March 2, 1807, and became thus the "Act to prohibit the importation of Slaves into any port or place within the jurisdiction of the United States, from and after the first day