Chapter XXII: Appendix: B (2)

"Like success has attended our efforts to suppress the slave trade. Under the flag of the United States, and the sanction of their papers, the trade may be considered as entirely suppressed; and, if any of our citizens are engaged in it, under the flag and papers of other powers, it is only from a respect to the rights of those powers, that these offenders are not seized and brought home, to receive the punishment which the laws inflict. If every other power should adopt the same policy, and pursue the same vigorous means for carrying it into effect, the trade could no longer exist." _House Journal_, 17 Cong. 1 sess. p. 22.

~1822, April 12. Congress (House): Proposed Resolution.~

"_Resolved_, That the President of the United States be requested to enter into such arrangements as he may deem suitable and proper, with one or more of the maritime powers of Europe, for the effectual abolition of the slave trade." _House Reports_, 17 Cong. 1 sess. II. No. 92, p. 4; _Annals of Cong._, 17 Cong. 1 sess. p. 1538.

~1822, June 18. Mississippi: Act on Importation, etc.~

"An act, to reduce into one, the several acts, concerning slaves, free negroes, and mulattoes."

§ 2. Slaves born and resident in the United States, and not criminals, may be imported.

§ 3. No slave born or resident outside the United States shall be brought in, under penalty of $1,000 per slave. Travellers are excepted. _Revised Code of the Laws of Mississippi_ (Natchez, 1824), p. 369.

~1822, Dec. 3. President Monroe's Message.~

"A cruise has also been maintained on the coast of Africa, when the season would permit, for the suppression of the slave-trade; and orders have been given to the commanders of all our public ships to seize our own vessels, should they find any engaged in that trade, and to bring them in for adjudication." _House Journal_, 17 Cong. 2 sess. pp. 12, 21.

~1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported Slaves.~

"An Act to carry into effect the laws of the United States prohibiting the slave trade."

§ 1. "_Be it enacted_, ... That the Governor of this state be ... authorized and required to appoint some suitable person, as the agent of the state, to receive all and every slave or slaves or persons of colour, who may have been brought into this state in violation of the laws of the United States, prohibiting the slave trade: _Provided_, that the authority of the said agent is not to extend to slaves who have been condemned and sold."

§ 2. The agent must give bonds.

§ 3. "_And be it further enacted_, That the said slaves, when so placed in the possession of the state, as aforesaid, shall be employed on such public work or works, as shall be deemed by the Governor of most value and utility to the public interest."

§ 4. A part may be hired out to support those employed in public work.

§ 5. "_And be it further enacted_, That in all cases in which a decree of any court having competent authority, shall be in favor of any or claimant or claimants, the said slaves shall be truly and faithfully, by said agent, delivered to such claimant or claimants: but in case of their condemnation, they shall be sold by such agent for cash to the highest bidder, by giving sixty days notice," etc. _Acts of the Assembly of Alabama, 1822_ (Cahawba, 1823), p. 62.

~1823, Jan. 30. United States Statute: Piracy Act made Perpetual.~

"An Act in addition to 'An act to continue in force "An act to protect the commerce of the United States, and punish the crime of piracy,"'" etc. _Statutes at Large_, III. 510-14, 721, 789. For proceedings in Congress, see _Senate Journal_, 17 Cong. 2 sess. pp. 61, 64, 70, 83, 98, 101, 106, 110, 111, 122, 137; _House Journal_, 17 Cong. 2 sess. pp. 73, 76, 156, 183, 189.

~1823, Feb. 10. Congress (House): Resolution on Slave-Trade.~

Mr. Mercer offered the following resolution:--

"Resolved, That the President of the United States be requested to enter upon, and to prosecute, from time to time, such negotiations with the several maritime powers of Europe and America, as he may deem expedient, for the effectual abolition of the African slave trade, and its ultimate denunciation as piracy, under the law of nations, by the consent of the civilized world." Agreed to Feb. 28; passed Senate. _House Journal_, 17 Cong. 2 sess. pp. 212, 280-82; _Annals of Cong._, 17 Cong. 2 sess. pp. 928, 1147-55.

~1823, March 3. United States Statute: Appropriation.~

"An Act making appropriations for the support of the navy," etc.

"To enable the President of the United States to carry into effect the act" of 1819, $50,000. _Statutes at Large_, III. 763, 764

~1823. President: Proposed Treaties.~

Letters to various governments in accordance with the resolution of 1823: April 28, to Spain; May 17, to Buenos Ayres; May 27, to United States of Colombia; Aug. 14, to Portugal. See above, Feb. 10, 1823. _House Doc._, 18 Cong. 1 sess. VI. No. 119.

~1823, June 24. Great Britain: Proposed Treaty.~

Adams, March 31, proposes that the trade be made piracy. Canning, April 8, reminds Adams of the treaty of Ghent and asks for the granting of a mutual Right of Search to suppress the slave-trade. The matter is further discussed until June 24. Minister Rush is empowered to propose a treaty involving the Right of Search, etc. This treaty was substantially the one signed (see below, March 13, 1824), differing principally in the first article.

"Article I. The two high contracting Powers, having each separately, by its own laws, subjected their subjects and citizens, who may be convicted of carrying on the illicit traffic in slaves on the coast of Africa, to the penalties of piracy, do hereby agree to use their influence, respectively, with the other maritime and civilized nations of the world, to the end that the said African slave trade may be recognized, and declared to be, piracy, under the law of nations." _House Doc._, 18 Cong, 1 sess. VI. No. 119.

~1824, Feb. 6. Congress (House): Proposition to Amend Constitution.~

Mr. Abbot's resolution on persons of color:--

"That no part of the constitution of the United States ought to be construed, or shall be construed to authorize the importation or ingress of any person of color into any one of the United States, contrary to the laws of such state." Read first and second time and committed to the Committee of the Whole. _House Journal_, 18 Cong. 1 sess. p. 208; _Annals of Cong._, 18 Cong. 1 sess. p. 1399.

~1824, March 13. Great Britain: Proposed Treaty of 1824.~

"The Convention:"--

Art. I. "The commanders and commissioned officers of each of the two high contracting parties, duly authorized, under the regulations and instructions of their respective Governments, to cruize on the coasts of Africa, of America, and of the West Indies, for the suppression of the slave trade," shall have the power to seize and bring into port any vessel owned by subjects of the two contracting parties, found engaging in the slave-trade. The vessel shall be taken for trial to the country where she belongs.

Art. II. Provides that even if the vessel seized does not belong to a citizen or citizens of either of the two contracting parties, but is chartered by them, she may be seized in the same way as if she belonged to them.

Art. III. Requires that in all cases where any vessel of either party shall be boarded by any naval officer of the other party, on suspicion of being concerned in the slave-trade, the officer shall deliver to the captain of the vessel so boarded a certificate in writing, signed by the naval officer, specifying his rank, etc., and the object of his visit. Provision is made for the delivery of ships and papers to the tribunal before which they are brought.

Art. IV. Limits the Right of Search, recognized by the Convention, to such investigation as shall be necessary to ascertain the fact whether the said vessel is or is not engaged in the slave-trade. No person shall be taken out of the vessel so visited unless for reasons of health.

Art. V. Makes it the duty of the commander of either nation, having captured a vessel of the other under the treaty, to receive unto his custody the vessel captured, and send or carry it into some port of the vessel's own country for adjudication, in which case triplicate declarations are to be signed, etc.

Art. VI. Provides that in cases of capture by the officer of either party, on a station where no national vessel is cruising, the captor shall either send or carry his prize to some convenient port of its own country for adjudication, etc.

Art. VII. Provides that the commander and crew of the captured vessel shall be proceeded against as pirates, in the ports to which they are brought, etc.

Art. VIII. Confines the Right of Search, under this treaty, to such officers of both parties as are especially authorized to execute the laws of their countries in regard to the slave-trade. For every abusive exercise of this right, officers are to be personally liable in costs and damages, etc.

Art. IX. Provides that the government of either nation shall inquire into abuses of this Convention and of the laws of the two countries, and inflict on guilty officers the proper punishment.

Art. X. Declares that the right, reciprocally conceded by this treaty, is wholly and exclusively founded on the consideration that the two nations have by their laws made the slave-trade piracy, and is not to be taken to affect in any other way the rights of the parties, etc.; it further engages that each power shall use its influence with all other civilized powers, to procure from them the acknowledgment that the slave-trade is piracy under the law of nations.

Art. XI. Provides that the ratifications of the treaty shall be exchanged at London within twelve months, or as much sooner as possible. Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824.

The above is a synopsis of the treaty as it was laid before the Senate. It was ratified by the Senate with certain conditions, one of which was that the duration of this treaty should be limited to the pleasure of the two parties on six months' notice; another was that the Right of Search should be limited to the African and West Indian seas: i.e., the word "America" was struck out. This treaty as amended and passed by the Senate (cf. above, p. 141) was rejected by Great Britain. A counter project was suggested by her, but not accepted (cf. above, p. 144). The striking out of the word "America" was declared to be the insuperable objection. _Senate Doc._, 18 Cong. 2 sess. I. No. 1, pp. 15-20; _Niles's Register_, 3rd Series, XXVI. 230-2. For proceedings in Senate, see _Amer. State Papers, Foreign_, V. 360-2.

~1824, March 31. [Great Britain: Slave-Trade made Piracy.~

"An Act for the more effectual Suppression of the _African_ Slave Trade."

Any person engaging in the slave-trade "shall be deemed and adjudged guilty of Piracy, Felony and Robbery, and being convicted thereof shall suffer Death without Benefit of Clergy, and Loss of Lands, Goods and Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer," etc. _Statute 5 George IV._, ch. 17; _Amer. State Papers, Foreign_, V. 342.]

~1824, April 16. Congress (House): Bill to Suppress Slave-Trade.~

"Mr. Govan, from the committee to which was referred so much of the President's Message as relates to the suppression of the Slave Trade, reported a bill respecting the slave trade; which was read twice, and committed to a Committee of the Whole."

§ 1. Provided a fine not exceeding $5,000, imprisonment not exceeding 7 years, and forfeiture of ship, for equipping a slaver even for the foreign trade; and a fine not exceeding $3,000, and imprisonment not exceeding 5 years, for serving on board any slaver. _Annals of Cong._, 18 Cong. 1 sess. pp. 2397-8; _House Journal_, 18 Cong. 1 sess. pp. 26, 180, 181, 323, 329, 356, 423.

~1824, May 21. President Monroe's Message on Treaty of 1824.~

_Amer. State Papers, Foreign_, V. 344-6.

~1824, Nov. 6. [Great Britain and Sweden: Treaty.~

Right of Search granted for the suppression of the slave-trade. _British and Foreign State Papers_, 1824-5, pp. 3-28.]

~1824, Nov. 6. Great Britain: Counter Project of 1825.~

Great Britain proposes to conclude the treaty as amended by the Senate, if the word "America" is reinstated in Art. I. (Cf. above, March 13, 1824.) February 16, 1825, the House Committee favors this project; March 2, Addington reminds Adams of this counter proposal; April 6, Clay refuses to reopen negotiations on account of the failure of the Colombian treaty. _Amer. State Papers, Foreign_, V. 367; _House Reports_, 18 Cong. 2 sess. I. No. 70; _House Doc._, 19 Cong. 1 sess. I. No. 16.

~1824, Dec. 7. President Monroe's Message.~

"It is a cause of serious regret, that no arrangement has yet been finally concluded between the two Governments, to secure, by joint co-operation, the suppression of the slave trade. It was the object of the British Government, in the early stages of the negotiation, to adopt a plan for the suppression, which should include the concession of the mutual right of search by the ships of war of each party, of the vessels of the other, for suspected offenders. This was objected to by this Government, on the principle that, as the right of search was a right of war of a belligerant towards a neutral power, it might have an ill effect to extend it, by treaty, to an offence which had been made comparatively mild, to a time of peace. Anxious, however, for the suppression of this trade, it was thought adviseable, in compliance with a resolution of the House of Representatives, founded on an act of Congress, to propose to the British Government an expedient, which should be free from that objection, and more effectual for the object, by making it piratical.... A convention to this effect was concluded and signed, in London," on the 13th of March, 1824, "by plenipotentiaries duly authorized by both Governments, to the ratification of which certain obstacles have arisen, which are not yet entirely removed." [For the removal of which, the documents relating to the negotiation are submitted for the action of Congress]....

"In execution of the laws for the suppression of the slave trade, a vessel has been occasionally sent from that squadron to the coast of Africa, with orders to return thence by the usual track of the slave ships, and to seize any of our vessels which might be engaged in that trade. None have been found, and, it is believed, that none are thus employed. It is well known, however, that the trade still exists under other flags." _House Journal_, 18 Cong. 2 sess. pp. 11, 12, 19, 27, 241; _House Reports_, 18 Cong. 2 sess. I. No. 70; Gales and Seaton, _Register of Debates_, I. 625-8, and Appendix, p. 2 ff.

~1825, Feb. 21. United States of Colombia: Proposed Treaty.~

The President sends to the Senate a treaty with the United States of Colombia drawn, as United States Minister Anderson said, similar to that signed at London, with the alterations made by the Senate. March 9, 1825, the Senate rejects this treaty. _Amer. State Papers, Foreign_, V. 729-35.

~1825, Feb. 28. Congress (House): Proposed Resolution on Slave-Trade.~

Mr. Mercer laid on the table the following resolution:--

"_Resolved_, That the President of the United States be requested to enter upon, and prosecute from time to time, such negotiations with the several maritime powers of Europe and America, as he may deem expedient for the effectual abolition of the slave trade, and its ultimate denunciation, as piracy, under the law of nations, by the consent of the civilized world." The House refused to consider the resolution. _House Journal_, 18 Cong. 2 sess. p. 280; Gales and Seaton, _Register of Debates_, I. 697, 736.

~1825, March 3. Congress (House): Proposed Resolution against Right of Search.~

"Mr. Forsyth submitted the following resolution:

"_Resolved_, That while this House anxiously desires that the Slave Trade should be, universally, denounced as Piracy, and, as such, should be detected and punished under the law of nations, it considers that it would be highly inexpedient to enter into engagements with any foreign power, by which _all_ the merchant vessels of the United States would be exposed to the inconveniences of any regulation of search, from which any merchant vessels of that foreign power would be exempted." Resolution laid on the table. _House Journal_, 18 Cong. 2 sess. pp. 308-9; Gales and Seaton, _Register of Debates_, I. 739.

~1825, Dec. 6. President Adams's Message.~

"The objects of the West India Squadron have been, to carry into execution the laws for the suppression of the African Slave Trade: for the protection of our commerce against vessels of piratical character.... These objects, during the present year, have been accomplished more effectually than at any former period. The African Slave Trade has long been excluded from the use of our flag; and if some few citizens of our country have continued to set the laws of the Union, as well as those of nature and humanity, at defiance, by persevering in that abominable traffic, it has been only by sheltering themselves under the banners of other nations, less earnest for the total extinction of the trade than ours." _House Journal_, 19 Cong. 1 sess. pp. 20, 96, 296-7, 305, 323, 329, 394-5, 399, 410, 414, 421, 451, 640.

~1826, Feb. 14. Congress (House): Proposition to Repeal Parts of Act of 1819.~

"Mr. Forsyth submitted the following resolutions, viz.:

1. "_Resolved_, That it is expedient to repeal so much of the act of the 3d March, 1819, entitled, 'An act in addition to the acts prohibiting the slave trade,' as provides for the appointment of agents on the coast of Africa.

2. "_Resolved_, That it is expedient so to modify the said act of the 3d of March, 1819, as to release the United States from all obligation to support the negroes already removed to the coast of Africa, and to provide for such a disposition of those taken in slave ships who now are in, or who may be, hereafter, brought into the United States, as shall secure to them a fair opportunity of obtaining a comfortable subsistence, without any aid from the public treasury." Read and laid on the table. _Ibid._, p. 258.

~1826, March 14. United States Statute: Appropriation.~

"An Act making appropriations for the support of the navy," etc.

"For the agency on the coast of Africa, for receiving the negroes," etc., $32,000. _Statutes at Large_, IV. 140, 141.

~1827, March 2. United States Statute: Appropriation.~

"An Act making appropriations for the support of the Navy," etc.

"For the agency on the coast of Africa," etc., $56,710. _Ibid._, W. 206, 208.

~1827, March 11. Texas: Introduction of Slaves Prohibited.~

Constitution of the State of Coahuila and Texas. Preliminary Provisions:--

Art. 13. "From and after the promulgation of the constitution in the capital of each district, no one shall be born a slave in the state, and after six months the introduction of slaves under any pretext shall not be permitted." _Laws and Decrees of Coahuila and Texas_ (Houston, 1839), p. 314.

~1827, Sept. 15. Texas: Decree against Slave-Trade.~

"The Congress of the State of Coahuila and Texas decrees as follows:"

Art. 1. All slaves to be registered.

Art. 2, 3. Births and deaths to be recorded.

Art. 4. "Those who introduce slaves, after the expiration of the term specified in article 13 of the Constitution, shall be subject to the penalties established by the general law of the 13th of July, 1824." _Ibid._, pp. 78-9.

~1828, Feb. 25. Congress (House): Proposed Bill to Abolish African Agency, etc.~

"Mr. McDuffie, from the Committee of Ways and Means, ... reported the following bill:

"A bill to abolish the Agency of the United States on the Coast of Africa, to provide other means of carrying into effect the laws prohibiting the slave trade, and for other purposes." This bill was amended so as to become the act of May 24, 1828 (see below). _House Reports_, 21 Cong. 1 sess. III. No. 348, p. 278.

~1828, May 24. United States Statute: Appropriation.~

"An Act making an appropriation for the suppression of the slave trade." _Statutes at Large_, IV. 302; _House Journal_, 20 Cong. 1 sess., House Bill No. 190.

~1829, Jan. 28. Congress (House): Bill to Amend Act of 1807.~

The Committee on Commerce reported "a bill (No. 399) to amend an act, entitled 'An act to prohibit the importation of slaves,'" etc. Referred to Committee of the Whole. _House Journal_, 20 Cong. 2 sess. pp. 58, 84, 215. Cf. _Ibid._, 20 Cong. 1 sess. pp. 121, 135.

~1829, March 2. United States Statute: Appropriation.~

"An Act making additional appropriations for the support of the navy," etc.

"For the reimbursement of the marshal of Florida for expenses incurred in the case of certain Africans who were wrecked on the coast of the United States, and for the expense of exporting them to Africa," $16,000. _Statutes at Large_, IV. 353, 354.

~1830, April 7. Congress (House): Resolution against Slave-Trade.~

Mr. Mercer reported the following resolution:--

"_Resolved_, That the President of the United States be requested to consult and negotiate with all the Governments where Ministers of the United States are, or shall be accredited, on the means of effecting an entire and immediate abolition of the African slave trade; and especially, on the expediency, with that view, of causing it to be universally denounced as piratical." Referred to Committee of the Whole; no further action recorded. _House Journal_, 21 Cong. 1 sess. p. 512.

~1830, April 7. Congress (House): Proposition to Amend Act of March 3, 1819.~

Mr. Mercer, from the committee to which was referred the memorial of the American Colonization Society, and also memorials, from the inhabitants of Kentucky and Ohio, reported with a bill (No. 412) to amend "An act in addition to the acts prohibiting the slave trade," passed March 3, 1819. Read twice and referred to Committee of the Whole. _Ibid._

~1830, May 31. Congress (Statute): Appropriation.~

"An Act making a re-appropriation of a sum heretofore appropriated for the suppression of the slave trade." _Statutes at Large_, IV. 425; _Senate Journal_, 21 Cong. 1 sess. pp. 359, 360, 383; _House Journal_, 21 Cong. 1 sess. pp. 624, 808-11.

~1830. [Brazil: Prohibition of Slave-Trade.~

Slave-trade prohibited under severe penalties.]

~1831, 1833. [Great Britain and France: Treaty Granting Right of Search.~

Convention between Great Britain and France granting a mutual limited Right of Search on the East and West coasts of Africa, and on the coasts of the West Indies and Brazil. _British and Foreign State Papers_, 1830-1, p. 641 ff; 1832-3, p. 286 ff.]

~1831, Feb. 16. Congress (House): Proposed Resolution on Slave-Trade.~

"Mr. Mercer moved to suspend the rule of the House in regard to motions, for the purpose of enabling himself to submit a resolution requesting the Executive to enter into negotiations with the maritime Powers of Europe, to induce them to enact laws declaring the African slave trade piracy, and punishing it as such." The motion was lost. Gales and Seaton, _Register of Debates_, VII. 726.

~1831, March 2. United States Statute: Appropriation.~

"An Act making appropriations for the naval service," etc.

"For carrying into effect the acts for the suppression of the slave trade," etc., $16,000. _Statutes at Large_, IV. 460, 462.

~1831, March 3. Congress (House): Resolution as to Treaties.~

"Mr. Mercer moved to suspend the rule to enable him to submit the following resolution:

"_Resolved_, That the President of the United States be requested to renew, and to prosecute from time to time, such negotiations with the several maritime powers of Europe and America as he may deem expedient for the effectual abolition of the African slave trade, and its ultimate denunciation as piracy, under the laws of nations, by the consent of the civilized world." The rule was suspended by a vote of 108 to 36, and the resolution passed, 118 to 32. _House Journal_, 21 Cong. 2 sess. pp. 426-8.

~1833, Feb. 20. United States Statute: Appropriation.~

"An Act making appropriations for the naval service," etc.

" ... for carrying into effect the acts for the suppression of the slave trade," etc., $5,000. _Statutes at Large_, IV. 614, 615.

~1833, August. Great Britain and France: Proposed Treaty with the United States.~

British and French ministers simultaneously invited the United States to accede to the Convention just concluded between them for the suppression of the slave-trade. The Secretary of State, Mr. M'Lane, deferred answer until the meeting of Congress, and then postponed negotiations on account of the irritable state of the country on the slave question. Great Britain had proposed that "A reciprocal right of search ... be conceded by the United States, limited as to place, and subject to specified restrictions. It is to be employed only in repressing the Slave Trade, and to be exercised under a written and specific authority, conferred on the Commander of the visiting ship." In the act of accession, "it will be necessary that the right of search should be extended to the coasts of the United States," and Great Britain will in turn extend it to the British West Indies. This proposal was finally refused, March 24, 1834, chiefly, as stated, because of the extension of the Right of Search to the coasts of the United States. This part was waived by Great Britain, July 7, 1834. On Sept. 12 the French Minister joined in urging accession. On Oct. 4, 1834, Forsyth states that the determination has "been definitely formed, not to make the United States a party to any Convention on the subject of the Slave Trade." _Parliamentary Papers_, 1835, Vol. LI., _Slave Trade_, Class B., pp. 84-92.

~1833, Dec. 23. Georgia: Slave-Trade Acts Amended.~

"An Act to reform, amend, and consolidate the penal laws of the State of Georgia."

13th Division. "Offences relative to Slaves":--

§ 1. "If any person or persons shall bring, import, or introduce into this State, or aid or assist, or knowingly become concerned or interested, in bringing, importing, or introducing into this State, either by land or by water, or in any manner whatever, any slave or slaves, each and every such person or persons so offending, shall be deemed principals in law, and guilty of a high misdemeanor, and ... on conviction, shall be punished by a fine not exceeding five hundred dollars each, for each and every slave, ... and imprisonment and labor in the penitentiary for any time not less than one year, nor longer than four years." Residents, however, may bring slaves for their own use, but must register and swear they are not for sale, hire, mortgage, etc.

§ 6. Penalty for knowingly receiving such slaves, $500. Slightly amended Dec. 23, 1836, e.g., emigrants were allowed to hire slaves out, etc.; amended Dec. 19, 1849, so as to allow importation of slaves from "any other slave holding State of this Union." Prince, _Digest_, pp. 619, 653, 812; Cobb, _Digest_, II. 1018.

~1834, Jan. 24. United States Statute: Appropriation.~

"An Act making appropriations for the naval service," etc.

"For carrying into effect the acts for the suppression of the slave trade," etc., $5,000. _Statutes at Large_, IV. 670, 671.

~1836, March 17. Texas: African Slave-Trade Prohibited.~

Constitution of the Republic of Texas: General Provisions:--

§ 9. All persons of color who were slaves for life before coming to Texas shall remain so. "Congress shall pass no laws to prohibit emigrants from bringing their slaves into the republic with them, and holding them by the same tenure by which such slaves were held in the United States; ... the importation or admission of Africans or negroes into this republic, excepting from the United States of America, is forever prohibited, and declared to be piracy." _Laws of the Republic of Texas_ (Houston, 1838), I. 19.

~1836, Dec. 21. Texas: Slave-Trade made Piracy.~

"An Act supplementary to an act, for the punishment of Crimes and Misdemeanors."

§ 1. "_Be it enacted_ ..., That if any person or persons shall introduce any African negro or negroes, contrary to the true intent and meaning of the ninth section of the general provisions of the constitution, ... except such as are from the United States of America, and had been held as slaves therein, be considered guilty of piracy; and upon conviction thereof, before any court having cognizance of the same, shall suffer death, without the benefit of clergy."

§ 2. The introduction of Negroes from the United States of America, except of those legally held as slaves there, shall be piracy. _Ibid._, I. 197. Cf. _House Doc._, 27 Cong. 1 sess. No. 34, p. 42.

~1837, March 3. United States Statute: Appropriation.~

"An Act making appropriations for the naval service," etc.

"For carrying into effect the acts for the suppression of the slave trade," etc., $11,413.57. _Statutes at Large_, V. 155, 157.

~1838, March 19. Congress (Senate): Slave-Trade with Texas, etc.~

"Mr. Morris submitted the following motion for consideration:

"_Resolved_, That the Committee on the Judiciary be instructed to inquire whether the present laws of the United States, on the subject of the slave trade, will prohibit that trade being carried on between citizens of the United States and citizens of the Republic of Texas, either by land or by sea; and whether it would be lawful in vessels owned by citizens of that Republic, and not lawful in vessels owned by citizens of this, or lawful in both, and by citizens of both countries; and also whether a slave carried from the United States into a foreign country, and brought back, on returning into the United States, is considered a free person, or is liable to be sent back, if demanded, as a slave, into that country from which he or she last came; and also whether any additional legislation by Congress is necessary on any of these subjects." March 20, the motion of Mr. Walker that this resolution "lie on the table," was determined in the affirmative, 32 to 9. _Senate Journal_, 25 Cong. 2 sess. pp. 297-8, 300.

~1839, Feb. 5. Congress (Senate): Bill to Amend Slave-Trade Acts.~

"Mr. Strange, on leave, and in pursuance of notice given, introduced a bill to amend an act entitled an act to prohibit the importation of slaves into any port in the jurisdiction of the United States; which was read twice, and referred to the Committee on Commerce." March 1, the Committee was discharged from further consideration of the bill. _Congressional Globe_, 25 Cong. 3 sess. p. 172; _Senate Journal_, 25 Cong. 3 sess. pp. 200, 313.

~1839, Dec. 24. President Van Buren's Message.~

"It will be seen by the report of the Secretary of the navy respecting the disposition of our ships of war, that it has been deemed necessary to station a competent force on the coast of Africa, to prevent a fraudulent use of our flag by foreigners.

"Recent experience has shown that the provisions in our existing laws which relate to the sale and transfer of American vessels while abroad, are extremely defective. Advantage has been taken of these defects to give to vessels wholly belonging to foreigners, and navigating the ocean, an apparent American ownership. This character has been so well simulated as to afford them comparative security in prosecuting the slave trade, a traffic emphatically denounced in our statutes, regarded with abhorrence by our citizens, and of which the effectual suppression is nowhere more sincerely desired than in the United States. These circumstances make it proper to recommend to your early attention a careful revision of these laws, so that ... the integrity and honor of our flag may be carefully preserved." _House Journal_, 26 Cong. 1 sess. pp. 117-8.

~1840, Jan. 3. Congress (Senate): Bill to Amend Act of 1807.~

"Agreeably to notice, Mr. Strange asked and obtained leave to bring in a bill (Senate, No. 123) to amend an act entitled 'An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the 1st day of January, in the year 1808,' approved the 2d day of March, 1807; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary." Jan. 8, it was reported without amendment; May 11, it was considered, and, on motion by Mr. King, "_Ordered_, That it lie on the table." _Senate Journal_, 26 Cong. 1 sess. pp. 73, 87, 363.

~1840, May 4. Congress (Senate): Bill on Slave-Trade.~

"Mr. Davis, from the Committee on Commerce, reported a bill (Senate, No. 335) making further provision to prevent the abuse of the flag of the United States, and the use of unauthorized papers in the foreign slavetrade, and for other purposes." This passed the Senate, but was dropped in the House. _Ibid._, pp. 356, 359, 440, 442; _House Journal_, 26 Cong. 1 sess. pp. 1138, 1228, 1257.

~1841, June 1. Congress (House): President Tyler's Message.~

"I shall also, at the proper season, invite your attention to the statutory enactments for the suppression of the slave trade, which may require to be rendered more efficient in their provisions. There is reason to believe that the traffic is on the increase. Whether such increase is to be ascribed to the abolition of slave labor in the British possessions in our vicinity, and an attendant diminution in the supply of those articles which enter into the general consumption of the world, thereby augmenting the demand from other quarters, ... it were needless to inquire. The highest considerations of public honor, as well as the strongest promptings of humanity, require a resort to the most vigorous efforts to suppress the trade." _House Journal_, 27 Cong. 1 sess. pp. 31, 184.

~1841, Dec. 7. President Tyler's Message.~

Though the United States is desirous to suppress the slave-trade, she will not submit to interpolations into the maritime code at will by other nations. This government has expressed its repugnance to the trade by several laws. It is a matter for deliberation whether we will enter upon treaties containing mutual stipulations upon the subject with other governments. The United States will demand indemnity for all depredations by Great Britain.

"I invite your attention to existing laws for the suppression of the African slave trade, and recommend all such alterations as may give to them greater force and efficacy. That the American flag is grossly abused by the abandoned and profligate of other nations is but too probable. Congress has, not long since, had this subject under its consideration, and its importance well justifies renewed and anxious attention." _House Journal_, 27 Cong. 2 sess. pp. 14-5, 86, 113.

~1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and France: Quintuple Treaty.]~ _British and Foreign State Papers_, 1841-2, p. 269 ff.

~1842, Feb. 15. Right of Search: Cass's Protest.~

Cass writes to Webster, that, considering the fact that the signing of the Quintuple Treaty would oblige the participants to exercise the Right of Search denied by the United States, or to make a change in the hitherto recognized law of nations, he, on his own responsibility, addressed the following protest to the French Minister of Foreign Affairs, M. Guizot:--

"LEGATION OF THE UNITED STATES,
"PARIS, FEBRUARY 13, 1842.

"SIR: The recent signature of a treaty, having for its object the suppression of the African slave trade, by five of the powers of Europe, and to which France is a party, is a fact of such general notoriety that it may be assumed as the basis of any diplomatic representations which the subject may fairly require."

The United States is no party to this treaty. She denies the Right of Visitation which England asserts. [Quotes from the presidential message of Dec. 7, 1841.] This principle is asserted by the treaty.

" ... The moral effect which such a union of five great powers, two of which are eminently maritime, but three of which have perhaps never had a vessel engaged in that traffic, is calculated to produce upon the United States, and upon other nations who, like them, may be indisposed to these combined movements, though it may be regretted, yet furnishes no just cause of complaint. But the subject assumes another aspect when they are told by one of the parties that their vessels are to be forcibly entered and examined, in order to carry into effect these stipulations. Certainly the American Government does not believe that the high powers, contracting parties to this treaty, have any wish to compel the United States, by force, to adopt their measures to its provisions, or to adopt its stipulations ...; and they will see with pleasure the prompt disavowal made by yourself, sir, in the name of your country, ... of any intentions of this nature. But were it otherwise, ... They would prepare themselves with apprehension, indeed, but without dismay--with regret, but with firmness--for one of those desperate struggles which have sometimes occurred in the history of the world."

If, as England says, these treaties cannot be executed without visiting United States ships, then France must pursue the same course. It is hoped, therefore, that his Majesty will, before signing this treaty, carefully examine the pretensions of England and their compatibility with the law of nations and the honor of the United States. _Senate Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess. VIII. No. 377, pp. 192-5.

~1842, Feb. 26. Mississippi: Resolutions on Creole Case.~

The following resolutions were referred to the Committee on Foreign Affairs in the United States Congress, House of Representatives, May 10, 1842:

"Whereas, the right of search has never been yielded to Great Britain," and the brig Creole has not been surrendered by the British authorities, etc., therefore,

§ 1. "_Be it resolved by the Legislature of the State of Mississippi_, That ... the right of search cannot be conceded to Great Britain without a manifest servile submission, unworthy a free nation....

§ 2. "_Resolved_, That any attempt to detain and search our vessels, by British cruisers, should be held and esteemed an unjustifiable outrage on the part of the Queen's Government; and that any such outrage, which may have occurred since Lord Aberdeen's note to our envoy at the Court of St. James, of date October thirteen, eighteen hundred and forty-one, (if any,) may well be deemed, by our Government, just cause of war."

§ 3. "_Resolved_, That the Legislature of the State, in view of the late murderous insurrection of the slaves on board the Creole, their reception in a British port, the absolute connivance at their crimes, manifest in the protection extended to them by the British authorities, most solemnly declare their firm conviction that, if the conduct of those authorities be submitted to, compounded for by the payment of money, or in any other manner, or atoned for in any mode except by the surrender of the actual criminals to the Federal Government, and the delivery of the other identical slaves to their rightful owner or owners, or his or their agents, the slaveholding States would have most just cause to apprehend that the American flag is powerless to protect American property; that the Federal Government is not sufficiently energetic in the maintenance and preservation of their peculiar rights; and that these rights, therefore, are in imminent danger."

§ 4. _Resolved_, That restitution should be demanded "at all hazards." _House Doc._, 27 Cong. 2 sess. IV. No. 215.

~1842, March 21. Congress (House): Giddings's Resolutions.~

Mr. Giddings moved the following resolutions:--

§ 5. "_Resolved_, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and therefore are governed in their relations to each other by, and are amenable to, the laws of the United States."

§ 6. _Resolved_, That the slaves in the brig Creole are amenable only to the laws of the United States.

§ 7. _Resolved_, That those slaves by resuming their natural liberty violated no laws of the United States.

§ 8. _Resolved_, That all attempts to re-enslave them are unconstitutional, etc.

Moved that these resolutions lie on the table; defeated, 53 to 125. Mr. Giddings withdrew the resolutions. Moved to censure Mr. Giddings, and he was finally censured. _House Journal_, 27 Cong. 2 sess. pp. 567-80.

~1842, May 10. Congress (House): Remonstrance of Mississippi against Right of Search.~

"Mr. Gwin presented resolutions of the Legislature of the State of Mississippi, against granting the right of search to Great Britain for the purpose of suppressing the African slave trade; urging the Government to demand of the British Government redress and restitution in relation to the case of the brig Creole and the slaves on board." Referred to the Committee on Foreign Affairs. _House Journal_, 27 Cong. 2 sess. p. 800.

~1842, Aug. 4. United States Statute: Appropriation.~

"An Act making appropriations for the naval service," etc.

"For carrying into effect the acts for the suppression of the slave trade," etc. $10,543.42. _Statutes at Large_, V. 500, 501.

~1842, Nov. 10. Joint-Cruising Treaty with Great Britain.~

"Treaty to settle and define boundaries; for the final suppression of the African slave-trade; and for the giving up of criminals fugitive from justice. Concluded August 9, 1842; ratifications exchanged at London October 13, 1842; proclaimed November 10, 1842." Articles VIII., and IX. Ratified by the Senate by a vote of 39 to 9, after several unsuccessful attempts to amend it. _U.S. Treaties and Conventions_ (1889), pp. 436-7; _Senate Exec. Journal_, VI. 118-32.

~1842, Dec. 7. President Tyler's Message.~

The treaty of Ghent binds the United States and Great Britain to the suppression of the slave-trade. The Right of Search was refused by the United States, and our Minister in France for that reason protested against the Quintuple Treaty; his conduct had the approval of the administration. On this account the eighth article was inserted, causing each government to keep a flotilla in African waters to enforce the laws. If this should be done by all the powers, the trade would be swept from the ocean. _House Journal_, 27 Cong. 3 sess. pp. 16-7.

~1843, Feb. 22. Congress (Senate): Appropriation Opposed.~

Motion by Mr. Benton, during debate on naval appropriations, to strike out appropriation "for the support of Africans recaptured on the coast of Africa or elsewhere, and returned to Africa by the armed vessels of the United States, $5,000." Lost; similar proposition by Bagby, lost. Proposition to strike out appropriation for squadron, lost. March 3, bill becomes a law, with appropriation for Africans, but without that for squadron. _Congressional Globe_, 27 Cong. 3 sess. pp. 328, 331-6; _Statutes at Large_, V. 615.

~1845, Feb. 20. President Tyler's Special Message to Congress.~

Message on violations of Brazilian slave-trade laws by Americans. _House Journal_, 28 Cong. 2 sess. pp. 425, 463; _House Doc._, 28 Cong. 2 sess. IV. No. 148. Cf. _Ibid._, 29 Cong. 1 sess. III. No. 43.

~1846, Aug. 10. United States Statute: Appropriation.~

"For carrying into effect the acts for the suppression of the slave trade, including the support of recaptured Africans, and their removal to their country, twenty-five thousand dollars." _Statutes at Large_, IX. 96.

~1849, Dec. 4. President Taylor's Message.~

"Your attention is earnestly invited to an amendment of our existing laws relating to the African slave-trade, with a view to the effectual suppression of that barbarous traffic. It is not to be denied that this trade is still, in part, carried on by means of vessels built in the United States, and owned or navigated by some of our citizens." _House Exec. Doc._, 31 Cong. 1 sess. III. No. 5, pp. 7-8.

~1850, Aug. 1. Congress (House): Bill for War Steamers.~

"A bill (House, No. 367) to establish a line of war steamers to the coast of Africa for the suppression of the slave trade and the promotion of commerce and colonization." Read twice, and referred to Committee of the Whole. _House Journal_, 31 Cong. 1 sess. pp. 1022, 1158, 1217.

~1850, Dec. 16. Congress (House): Treaty of Washington.~

"Mr. Burt, by unanimous consent, introduced a joint resolution (No. 28) 'to terminate the eighth article of the treaty between the United States and Great Britain concluded at Washington the ninth day of August, 1842.'" Read twice, and referred to the Committee on Naval Affairs. _Ibid._, 31 Cong. 2 sess. p. 64.

~1851, Jan. 22. Congress (Senate): Resolution on Sea Letters.~

"The following resolution, submitted by Mr. Clay the 20th instant, came up for consideration:--

"_Resolved_, That the Committee on Commerce be instructed to inquire into the expediency of making more effectual provision by law to prevent the employment of American vessels and American seamen in the African slave trade, and especially as to the expediency of granting sea letters or other evidence of national character to American vessels clearing out of the ports of the empire of Brazil for the western coast of Africa." Agreed to. _Congressional Globe_, 31 Cong. 2 sess. pp. 304-9; _Senate Journal_, 31 Cong. 2 sess. pp. 95, 102-3.

~1851, Feb. 19. Congress (Senate): Bill on Slave-Trade.~

"A bill (Senate, No. 472) concerning the intercourse and trade of vessels of the United States with certain places on the eastern and western coasts of Africa, and for other purposes." Read once. _Senate Journal_, 31 Cong. 2 sess. pp. 42, 45, 84, 94, 159, 193-4; _Congressional Globe_, 31 Cong. 2 sess. pp. 246-7.

~1851, Dec. 3. Congress (House): Bill to Amend Act of 1807.~

Mr. Giddings gave notice of a bill to repeal §§ 9 and 10 of the act to prohibit the importation of slaves, etc. from and after Jan. 1, 1808. _House Journal_, 32 Cong. 1 sess. p. 42. Cf. _Ibid._, 33 Cong. 1 sess. p. 147.

~1852, Feb. 5. Alabama: Illegal Importations.~

By code approved on this date:--

§§ 2058-2062. If slaves have been imported contrary to law, they are to be sold, and one fourth paid to the agent or informer and the residue to the treasury. An agent is to be appointed to take charge of such slaves, who is to give bond. Pending controversy, he may hire the slaves out. Ormond, _Code of Alabama_, pp. 392-3.

~1853, March 3. Congress (Senate): Appropriation Proposed.~

A bill making appropriations for the naval service for the year ending June 30, 1854. Mr. Underwood offered the following amendment:--

"For executing the provisions of the act approved 3d of March, 1819, entitled 'An act in addition to the acts prohibiting the slave trade,' $20,000." Amendment agreed to, and bill passed. It appears, however, to have been subsequently amended in the House, and the appropriation does not stand in the final act. _Congressional Globe_, 32 Cong. 2 sess. p. 1072; _Statutes at Large_, X. 214.

~1854, May 22. Congress (Senate): West India Slave-Trade.~

Mr. Clayton presented the following resolution, which was unanimously agreed to:--

"_Resolved_, That the Committee on Foreign Relations be instructed to inquire into the expediency of providing by law for such restrictions on the power of American consuls residing in the Spanish West India islands to issue sea letters on the transfer of American vessels in those islands, as will prevent the abuse of the American flag in protecting persons engaged in the African slave trade." June 26, 1854, this committee reported "a bill (Senate, No. 416) for the more effectual suppression of the slave-trade in American built vessels." Passed Senate, postponed in House. _Senate Journal_, 33 Cong. 1 sess. pp. 404, 457-8, 472-3, 476; _House Journal_, 33 Cong. 1 sess. pp. 1093, 1332-3; _Congressional Globe_, 33 Cong. 1 sess. pp. 1257-61, 1511-3, 1591-3, 2139.

~1854, May 29. Congress (Senate): Treaty of Washington.~

_Resolved_, "that, in the opinion of the Senate, it is expedient, and in conformity with the interests and sound policy of the United States, that the eighth article of the treaty between this government and Great Britain, of the 9th of August, 1842, should be abrogated." Introduced by Slidell, and favorably reported from Committee on Foreign Relations in Executive Session, June 13, 1854. _Senate Journal_, 34 Cong. 1-2 sess. pp. 396, 695-8; _Senate Reports_, 34 Cong. 1 sess. I. No. 195.

~1854, June 21. Congress (Senate): Bill Regulating Navigation.~

"Mr. Seward asked and obtained leave to bring in a bill (Senate, No. 407) to regulate navigation to the coast of Africa in vessels owned by citizens of the United States, in certain cases; which was read and passed to a second reading." June 22, ordered to be printed. _Senate Journal_, 33 Cong. 1 sess. pp. 448, 451; _Congressional Globe_, 33 Cong. 1 sess. pp. 1456, 1461, 1472.

~1854, June 26. Congress (Senate): Bill to Suppress Slave-Trade.~

"A bill for the more effectual suppression of the slave trade in American built vessels." See references to May 22, 1854, above.

~1856, June 23. Congress (House): Proposition to Amend Act of 1818.~

Notice given of a bill to amend the Act of April 20, 1818. _House Journal_, 34 Cong. 1 sess. II. 1101.

~1856, Aug. 18. United States Statute: Appropriation.~

To carry out the Act of March 3, 1819, and subsequent acts, $8,000. _Statutes at Large_, XI. 90.

~1856, Nov. 24. South Carolina: Governor's Message.~

Governor Adams, in his annual message to the legislature, said:--

"It is apprehended that the opening of this trade [_i.e._, the slave-trade] will lessen the value of slaves, and ultimately destroy the institution. It is a sufficient answer to point to the fact, that unrestricted immigration has not diminished the value of labor in the Northwestern section of the confederacy. The cry there is, want of labor, notwithstanding capital has the pauperism of the old world to press into its grinding service. If we cannot supply the demand for slave labor, then we must expect to be supplied with a species of labor we do not want, and which is, from the very nature of things, antagonistic to our institutions. It is much better that our drays should be driven by slaves--that our factories should be worked by slaves--that our hotels should be served by slaves--that our locomotives should be manned by slaves, than that we should be exposed to the introduction, from any quarter, of a population alien to us by birth, training, and education, and which, in the process of time, must lead to that conflict between capital and labor, 'which makes it so difficult to maintain free institutions in all wealthy and highly civilized nations where such institutions as ours do not exist.' In all slaveholding States, true policy dictates that the superior race should direct, and the inferior perform all menial service. Competition between the white and black man for this service, may not disturb Northern sensibility, but it does not exactly suit our latitude." _South Carolina House Journal_, 1856, p. 36; Cluskey, _Political Text-Book_, 14 edition, p. 585.

~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~

"_Resolved_, That this House of Representatives regards all suggestions and propositions of every kind, by whomsoever made, for a revival of the African slave trade, as shocking to the moral sentiment of the enlightened portion of mankind; and that any action on the part of Congress conniving at or legalizing that horrid and inhuman traffic would justly subject the government and citizens of the United States to the reproach and execration of all civilized and Christian people throughout the world." Offered by Mr. Etheridge; agreed to, 152 to 57. _House Journal_, 34 Cong. 3 sess. pp. 105-11; _Congressional Globe_, 34 Cong. 3 sess. pp. 123-5, and Appendix, pp. 364-70.

~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~

"_Resolved_, That it is inexpedient to repeal the laws prohibiting the African slave trade." Offered by Mr. Orr; not voted upon. _Congressional Globe_, 34 Cong. 3 sess. p. 123.

~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~

"_Resolved_, That it is inexpedient, unwise, and contrary to the settled policy of the United States, to repeal the laws prohibiting the African slave trade." Offered by Mr. Orr; agreed to, 183 to 8. _House Journal_, 34 Cong. 3 sess. pp. 111-3; _Congressional Globe_, 34 Cong. 3 sess. pp. 125-6.

~1856, Dec. 15. Congress (House): Reopening of Slave-Trade.~

"_Resolved_, That the House of Representatives, expressing, as they believe, public opinion both North and South, are utterly opposed to the reopening of the slave trade." Offered by Mr. Boyce; not voted upon. _Congressional Globe_, 34 Cong. 3 sess. p. 125.

~1857. South Carolina: Report of Legislative Committee.~

Special committee of seven on the slave-trade clause in the Governor's message report: majority report of six members, favoring the reopening of the African slave-trade; minority report of Pettigrew, opposing it. _Report of the Special Committee_, etc., published in 1857.

~1857, March 3. United States Statute: Appropriation.~

To carry out the Act of March 3, 1819, and subsequent acts, $8,000. _Statutes at Large_, XI. 227; _House Journal_, 34 Cong. 3 sess. p. 397. Cf. _House Exec. Doc._, 34 Cong. 3 sess. IX. No. 70.

~1858, March (?). Louisiana: Bill to Import Africans.~

Passed House; lost in Senate by two votes. Cf. _Congressional Globe_, 35 Cong. 1 sess. p. 1362.

~1858, Dec. 6. President Buchanan's Message.~