Chapter XXIII: Appendix: B (3)

"The truth is, that Cuba in its existing colonial condition, is a constant source of injury and annoyance to the American people. It is the only spot in the civilized world where the African slave trade is tolerated; and we are bound by treaty with Great Britain to maintain a naval force on the coast of Africa, at much expense both of life and treasure, solely for the purpose of arresting slavers bound to that island. The late serious difficulties between the United States and Great Britain respecting the right of search, now so happily terminated, could never have arisen if Cuba had not afforded a market for slaves. As long as this market shall remain open, there can be no hope for the civilization of benighted Africa....

"It has been made known to the world by my predecessors that the United States have, on several occasions, endeavored to acquire Cuba from Spain by honorable negotiation. If this were accomplished, the last relic of the African slave trade would instantly disappear. We would not, if we could, acquire Cuba in any other manner. This is due to our national character.... This course we shall ever pursue, unless circumstances should occur, which we do not now anticipate, rendering a departure from it clearly justifiable, under the imperative and overruling law of self-preservation." _House Exec. Doc._, 35 Cong. 2 sess. II. No. 2, pp. 14-5. See also _Ibid._, pp. 31-3.

~1858, Dec. 23. Congress (House): Resolution on Slave-Trade.~

On motion of Mr. Farnsworth,

"_Resolved_, That the Committee on Naval Affairs be requested to inquire and report to this House if any, and what, further legislation is necessary on the part of the United States to fully carry out and perform the stipulations contained in the eighth article of the treaty with Great Britain (known as the 'Ashburton treaty') for the suppression of the slave trade." _House Journal_, 35 Cong. 2 sess. pp. 115-6.

~1859, Jan. 5. Congress (Senate): Resolution on Slave-Trade.~

On motion of Mr. Seward, Dec. 21, 1858,

"_Resolved_, That the Committee on the Judiciary inquire whether any amendments to existing laws ought to be made for the suppression of the African slave trade." _Senate Journal_, 35 Cong. 2 sess. pp. 80, 108, 115.

~1859, Jan. 13. Congress (Senate): Bill on Slave-Trade.~

Mr. Seward introduced "a bill (Senate, No. 510) in addition to the acts which prohibit the slave trade." Referred to committee, reported, and dropped. _Ibid._, pp. 134, 321.

~1859, Jan. 31. Congress (House): Reopening of Slave-Trade.~

"Mr. Kilgore moved that the rules be suspended, so as to enable him to submit the following preamble and resolutions, viz:

"Whereas the laws prohibiting the African slave trade have become a topic of discussion with newspaper writers and political agitators, many of them boldly denouncing these laws as unwise in policy and disgraceful in their provisions, and insisting on the justice and propriety of their repeal, and the revival of the odious traffic in African slaves; and whereas recent demonstrations afford strong reasons to apprehend that said laws are to be set at defiance, and their violation openly countenanced and encouraged by a portion of the citizens of some of the States of this Union; and whereas it is proper in view of said facts that the sentiments of the people's representatives in Congress should be made public in relation thereto: Therefore--

"_Resolved_, That while we recognize no right on the part of the federal government, or any other law-making power, save that of the States wherein it exists, to interfere with or disturb the institution of domestic slavery where it is established or protected by State legislation, we do hold that Congress has power to prohibit the foreign traffic, and that no legislation can be too thorough in its measures, nor can any penalty known to the catalogue of modern punishment for crime be too severe against a traffic so inhuman and unchristian.

"_Resolved_, That the laws in force against said traffic are founded upon the broadest principles of philanthropy, religion, and humanity; that they should remain unchanged, except so far as legislation may be needed to render them more efficient; that they should be faithfully and promptly executed by our government, and respected by all good citizens.

"_Resolved_, That the Executive should be sustained and commended for any proper efforts whenever and wherever made to enforce said laws, and to bring to speedy punishment the wicked violators thereof, and all their aiders and abettors."

Failed of the two-thirds vote necessary to suspend the rules--the vote being 115 to 84--and was dropped. _House Journal_, 35 Cong. 2 sess. pp. 298-9.

~1859, March 3. United States Statute: Appropriation.~

To carry out the Act of March 3, 1819, and subsequent acts, and to pay expenses already incurred, $75,000. _Statutes at Large_, XI. 404.

~1859, Dec. 19. President Buchanan's Message.~

"All lawful means at my command have been employed, and shall continue to be employed, to execute the laws against the African slave trade. After a most careful and rigorous examination of our coasts, and a thorough investigation of the subject, we have not been able to discover that any slaves have been imported into the United States except the cargo by the Wanderer, numbering between three and four hundred. Those engaged in this unlawful enterprise have been rigorously prosecuted, but not with as much success as their crimes have deserved. A number of them are still under prosecution. [Here follows a history of our slave-trade legislation.]

"These acts of Congress, it is believed, have, with very rare and insignificant exceptions, accomplished their purpose. For a period of more than half a century there has been no perceptible addition to the number of our domestic slaves.... Reopen the trade, and it would be difficult to determine whether the effect would be more deleterious on the interests of the master, or on those of the native born slave, ..." _Senate Exec. Doc._, 36 Cong. 1 sess. I. No. 2, pp. 5-8.

~1860, March 20. Congress (Senate): Proposed Resolution.~

"Mr. Wilson submitted the following resolution; which was considered, by unanimous consent, and agreed to:--

"_Resolved_, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the laws of the United States in relation to the suppression of the African slave trade as to provide a penalty of imprisonment for life for a participation in such trade, instead of the penalty of forfeiture of life, as now provided; and also an amendment of such laws as will include in the punishment for said offense all persons who fit out or are in any way connected with or interested in fitting out expeditions or vessels for the purpose of engaging in such slave trade." _Senate Journal_, 36 Cong. 1 sess. p. 274.

~1860, March 20. Congress (Senate): Right of Search.~

"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a joint resolution (Senate, No. 20) to secure the right of search on the coast of Africa, for the more effectual suppression of the African slave trade." Read twice, and referred to Committee on Foreign Relations. _Ibid._

~1860, March 20. Congress (Senate): Steam Vessels for Slave-Trade.~

"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No. 296) for the construction of five steam screw sloops-of-war, for service on the African coast." Read twice, and referred to Committee on Naval Affairs; May 23, reported with an amendment. _Ibid._, pp. 274, 494-5.

~1860 March 26. Congress (House): Proposed Resolutions.~

"Mr. Morse submitted ... the following resolutions; which were read and committed to the Committee of the Whole House on the state of the Union, viz:

"_Resolved_, That for the more effectual suppression of the African slave trade the treaty of 1842 ..., requiring each country to keep _eighty_ guns on the coast of Africa for that purpose, should be so changed as to require a specified and sufficient number of small steamers and fast sailing brigs or schooners to be kept on said coast....

"_Resolved_, That as the African slave trade appears to be rapidly increasing, some effective mode of identifying the nationality of a vessel on the coast of Africa suspected of being in the slave trade or of wearing false colors should be immediately adopted and carried into effect by the leading maritime nations of the earth; and that the government of the United States has thus far, by refusing to aid in establishing such a system, shown a strange neglect of one of the best means of suppressing said trade.

"_Resolved_, That the African slave trade is against the moral sentiment of mankind and a crime against human nature; and that as the most highly civilized nations have made it a criminal offence or piracy under their own municipal laws, it ought at once and without hesitation to be declared a crime by the code of international law; and that ... the President be requested to open negotiations on this subject with the leading powers of Europe." ... _House Journal_, 36 Cong. 1 sess. I. 588-9.

~1860, April 16. Congress (Senate): Bill on Slave-Trade.~

"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No. 408) for the more effectual suppression of the slave trade." Bill read twice, and ordered to lie on the table; May 21, referred to Committee on the Judiciary, and printed. _Senate Journal_, 36 Cong. 1 sess. pp. 394, 485; _Congressional Globe_, 36 Cong. 1 sess. pp. 1721, 2207-11.

~1860, May 21. Congress (House): Buyers of Imported Negroes.~

"Mr. Wells submitted the following resolution, and debate arising thereon, it lies over under the rule, viz:

"_Resolved_, That the Committee on the Judiciary be instructed to report forthwith a bill providing that any person purchasing any negro or other person imported into this country in violation of the laws for suppressing the slave trade, shall not by reason of said purchase acquire any title to said negro or person; and where such purchase is made with a knowledge that such negro or other person has been so imported, shall forfeit not less than one thousand dollars, and be punished by imprisonment for a term not less than six months." _House Journal_, 36 Cong. 1 sess. II. 880.

~1860, May 26. United States Statute: Appropriation.~

To carry out the Act of March 3, 1819, and subsequent acts, $40,000. _Statutes at Large_, XII. 21.

~1860, June 16. United States Statute: Additional Act to Act of 1819.~

"An Act to amend an Act entitled 'An Act in addition to the Acts Prohibiting the Slave Trade.'" _Ibid._, XII. 40-1; _Senate Journal_, 36 Cong. 1 sess., Senate Bill No. 464.

~1860, July 11. Great Britain: Proposed Co-operation.~

Lord John Russell suggested for the suppression of the trade:--

"1st. A systematic plan of cruising on the coast of Cuba by the vessels of Great Britain, Spain, and the United States.

"2d. Laws of registration and inspection in the Island of Cuba, by which the employment of slaves, imported contrary to law, might be detected by the Spanish authorities.

"3d. A plan of emigration from China, regulated by the agents of European nations, in conjunction with the Chinese authorities." President Buchanan refused to co-operate on this plan. _House Exec. Doc._, 36 Cong. 2 sess. IV. No. 7, pp. 441-3, 446-8.

~1860, Dec. 3. President Buchanan's Message.~

"It is with great satisfaction I communicate the fact that since the date of my last annual message not a single slave has been imported into the United States in violation of the laws prohibiting the African slave trade. This statement is founded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow-citizens in favor of this trade seems to have entirely subsided." _Senate Exec. Doc._, 36 Cong. 2 sess. I. No. 1, p. 24.

~1860, Dec. 12. Congress (House): Proposition to Amend Constitution.~

Mr. John Cochrane's resolution:--

"The migration or importation of slaves into the United States or any of the Territories thereof, from any foreign country, is hereby prohibited." _House Journal_, 36 Cong. 2 sess. pp. 61-2; _Congressional Globe_, 36 Cong. 2 sess. p. 77.

~1860, Dec. 24. Congress (Senate): Bill on Slave-Trade.~

"Mr. Wilson asked, and by unanimous consent obtained, leave to bring in a bill (Senate, No. 529) for the more effectual suppression of the slave trade." Read twice, and referred to Committee on the Judiciary; not mentioned again. _Senate Journal_, 36 Cong. 2 sess. p. 62; _Congressional Globe_, 36 Cong. 2 sess. p. 182.

~1861, Jan. 7. Congress (House): Proposition to Amend Constitution.~

Mr. Etheridge's resolution:--

§ 5. "The migration or importation of persons held to service or labor for life, or a term of years, into any of the States, or the Territories belonging to the United States, is perpetually prohibited; and Congress shall pass all laws necessary to make said prohibition effective." _Congressional Globe_, 36 Cong. 2 sess. p. 279.

~1861, Jan. 23. Congress (House): Proposition to Amend Constitution.~

Resolution of Mr. Morris of Pennsylvania:--"Neither Congress nor a Territorial Legislature shall make any law respecting slavery or involuntary servitude, except as a punishment for crime; but Congress may pass laws for the suppression of the African slave trade, and the rendition of fugitives from service or labor in the States." Mr. Morris asked to have it printed, that he might at the proper time move it as an amendment to the report of the select committee of thirty-three. It was ordered to be printed. _Ibid._, p. 527.

~1861, Feb. 1. Congress (House): Proposition to Amend Constitution.~

Resolution of Mr. Kellogg of Illinois:--

§ 16. "The migration or importation of persons held to service or involuntary servitude into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited." Considered Feb. 27, 1861, and lost. _Ibid._, pp. 690, 1243, 1259-60.

~1861, Feb. 8. Confederate States of America: Importation Prohibited.~

Constitution for the Provisional Government of the Confederate States of America, Article I. Section 7:--

"1. The importation of African negroes from any foreign country other than the slave-holding States of the United States, is hereby forbidden; and Congress are required to pass such laws as shall effectually prevent the same.

"2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy." March 11, 1861, this article was placed in the permanent Constitution. The first line was changed so as to read "negroes of the African race." _C.S.A. Statutes at Large, 1861-2_, pp. 3, 15.

~1861, Feb. 9. Confederate States of America: Statutory Prohibition.~

"_Be it enacted by the Confederate States of America in Congress assembled_, That all the laws of the United States of America in force and in use in the Confederate States of America on the first day of November last, and not inconsistent with the Constitution of the Confederate States, be and the same are hereby continued in force until altered or repealed by the Congress." _Ibid._, p. 27.

~1861, Feb. 19. United States Statute: Appropriation.~

To supply deficiencies in the fund hitherto appropriated to carry out the Act of March 3, 1819, and subsequent acts, $900,000. _Statutes at Large_, XII. 132.

~1861, March 2. United States Statute: Appropriation.~

To carry out the Act of March 3, 1819, and subsequent acts, and to provide compensation for district attorneys and marshals, $900,000. _Ibid._, XII. 218-9.

~1861, Dec. 3. President Lincoln's Message.~

"The execution of the laws for the suppression of the African slave trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the highest grade of offence under our laws, the punishment of which is death." _Senate Exec. Doc._, 37 Cong. 2 sess. I. No. 1, p. 13.

~1862, Jan. 27. Congress (Senate): Bill on Slave-Trade.~

"Agreeably to notice Mr. Wilson, of Massachusetts, asked and obtained leave to bring in a bill (Senate, No. 173), for the more effectual suppression of the slave trade." Read twice, and referred to Committee on the Judiciary; Feb. 11, 1863, reported adversely, and postponed indefinitely. _Senate Journal_, 37 Cong. 2 sess. p. 143; 37 Cong. 3 sess. pp. 231-2.

~1862, March 14. United States Statute: Appropriation.~

For compensation to United States marshals, district attorneys, etc., for services in the suppression of the slave-trade, so much of the appropriation of March 2, 1861, as may be expedient and proper, not exceeding in all $10,000. _Statutes at Large_, XII. 368-9.

~1862, March 25. United States Statute: Prize Law.~

"An Act to facilitate Judicial Proceedings in Adjudications upon Captured Property, and for the better Administration of the Law of Prize." Applied to captures under the slave-trade law. _Ibid._, XII. 374-5; _Congressional Globe_, 37 Cong. 2 sess., Appendix, pp. 346-7.

~1862, June 7. Great Britain: Treaty of 1862.~

"Treaty for the suppression of the African slave trade. Concluded at Washington April 7, 1862; ratifications exchanged at London May 20, 1862; proclaimed June 7, 1862." Ratified unanimously by the Senate. _U.S. Treaties and Conventions_ (1889), pp. 454-66. See also _Senate Exec. Journal_, XII. pp. 230, 231, 240, 254, 391, 400, 403.

~1862, July 11. United States Statute: Treaty of 1862 Carried into Effect.~

"An Act to carry into Effect the Treaty between the United States and her Britannic Majesty for the Suppression of the African Slave-Trade." _Statutes at Large_, XII. 531; _Senate Journal_ and _House Journal_, 37 Cong. 2 sess., Senate Bill No. 352.

~1862, July 17. United States Statute: Former Acts Amended.~

"An Act to amend an Act entitled 'An Act to amend an Act entitled "An Act in Addition to the Acts prohibiting the Slave Trade."'" _Statutes at Large_, XII. 592-3; _Senate Journal_ and _House Journal_, 37 Cong. 2 sess., Senate Bill No. 385.

~1863, Feb. 4. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. _Statutes at Large_, XII. 639.

~1863, March 3. Congress: Joint Resolution.~

"Joint Resolution respecting the Compensation of the Judges and so forth, under the Treaty with Great Britain and other Persons employed in the Suppression of the Slave Trade." _Statutes at Large_, XII. 829.

~1863, April 22. Great Britain: Treaty of 1862 Amended.~

"Additional article to the treaty for the suppression of the African slave trade of April 7, 1862." Concluded February 17, 1863; ratifications exchanged at London April 1, 1863; proclaimed April 22, 1863.

Right of Search extended. _U.S. Treaties and Conventions_ (1889), pp. 466-7.

~1863, Dec. 17. Congress (House): Resolution on Coastwise Slave-Trade.~

Mr. Julian introduced a bill to repeal portions of the Act of March 2, 1807, relative to the coastwise slave-trade. Read twice, and referred to Committee on the Judiciary. _Congressional Globe_, 38 Cong. 1 sess. p. 46.

~1864, July 2. United States Statute: Coastwise Slave-Trade Prohibited Forever.~

§ 9 of Appropriation Act repeals §§ 8 and 9 of Act of 1807. _Statutes at Large_, XIII. 353.

~1864, Dec. 7. Great Britain: International Proposition.~

"The crime of trading in human beings has been for many years branded by the reprobation of all civilized nations. Still the atrocious traffic subsists, and many persons flourish on the gains they have derived from that polluted source.

"Her Majesty's government, contemplating, on the one hand, with satisfaction the unanimous abhorrence which the crime inspires, and, on the other hand, with pain and disgust the slave-trading speculations which still subist [_sic_], have come to the conclusion that no measure would be so effectual to put a stop to these wicked acts as the punishment of all persons who can be proved to be guilty of carrying slaves across the sea. Her Majesty's government, therefore, invite the government of the United States to consider whether it would not be practicable, honorable, and humane--

"1st. To make a general declaration, that the governments who are parties to it denounce the slave trade as piracy.

"2d. That the aforesaid governments should propose to their legislatures to affix the penalties of piracy already existing in their laws--provided, only, that the penalty in this case be that of death--to all persons, being subjects or citizens of one of the contracting powers, who shall be convicted in a court which takes cognizance of piracy, of being concerned in carrying human beings across the sea for the purpose of sale, or for the purpose of serving as slaves, in any country or colony in the world." Signed, "RUSSELL."

Similar letters were addressed to France, Spain, Portugal, Austria, Prussia, Italy, Netherlands, and Russia. _Diplomatic Correspondence_, 1865, pt. ii. pp. 4, 58-9, etc.

~1865, Jan. 24. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. _Statutes at Large_, XIII. 424.

~1866, April 7. United States Statute: Compensation to Marshals, etc.~

For additional compensation to United States marshals, district attorneys, etc., for services in the suppression of the slave-trade, so much of the appropriation of March 2, 1861, as may be expedient and proper, not exceeding in all $10,000; and also so much as may be necessary to pay the salaries of judges and the expenses of mixed courts. _Ibid._, XIV. 23.

~1866, July 25. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. _Ibid._, XIV. 226.

~1867, Feb. 28. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $17,000. _Ibid._, XIV. 414-5.

~1868, March 30. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $12,500. _Ibid._, XV. 58.

~1869, Jan. 6. Congress (House): Abrogation of Treaty of 1862.~

Mr. Kelsey asked unanimous consent to introduce the following resolution:--

"Whereas the slave trade has been practically suppressed; and whereas by our treaty with Great Britain for the suppression of the slave trade large appropriations are annually required to carry out the provisions thereof: Therefore,

"_Resolved_, That the Committee on Foreign Affairs are hereby instructed to inquire into the expediency of taking proper steps to secure the abrogation or modification of the treaty with Great Britain for the suppression of the slave trade." Mr. Arnell objected. _Congressional Globe_, 40 Cong. 3 sess. p. 224.

~1869, March 3. United States Statute: Appropriation.~

To carry out the treaty with Great Britain, proclaimed July 11, 1862, $12,500; provided that the salaries of judges be paid only on condition that they reside where the courts are held, and that Great Britain be asked to consent to abolish mixed courts. _Statutes at Large_, XV. 321.

~1870, April 22. Congress (Senate): Bill to Repeal Act of 1803.~

Senate Bill No. 251, to repeal an act entitled "An act to prevent the importation of certain persons into certain States where by the laws thereof their admission is prohibited." Mr. Sumner said that the bill had passed the Senate once, and that he hoped it would now pass. Passed; title amended by adding "approved February 28, 1803;" June 29, bill passed over in House; July 14, consideration again postponed on Mr. Woodward's objection. _Congressional Globe_, 41 Cong. 2 sess. pp. 2894, 2932, 4953, 5594.

~1870, Sept. 16. Great Britain: Additional Treaty.~

"Additional convention to the treaty of April 7, 1862, respecting the African slave trade." Concluded June 3, 1870; ratifications exchanged at London August 10, 1870; proclaimed September 16, 1870. _U.S. Treaties and Conventions_ (1889), pp. 472-6.

~1871, Dec. 11. Congress (House): Bill on Slave-Trade.~

On the call of States, Mr. Banks introduced "a bill (House, No. 490) to carry into effect article thirteen of the Constitution of the United States, and to prohibit the owning or dealing in slaves by American citizens in foreign countries." _House Journal_, 42 Cong. 2 sess. p. 48.

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