The Suppression of the African Slave Trade to the United States of America: 1638-1870Du Bois, W. E. B. (William Edward Burghardt)
History
The Suppression of the African Slave Trade to the United States of America: 1638-1870
Du Bois, W. E. B. (William Edward Burghardt)
Slave trade -- United States -- History
For knowingly buying illegally imported Negroes, instead of a
fine of $800 for each Negro and forfeiture, a fine of $1000 for
each Negro.
The burden of proof was laid on the defendant, to the extent that he
must prove that the slave in question had been imported at least five
years before the prosecution. The slaves were still left to the disposal
of the States.
This statute was, of course, a failure from the start,[114] and at the
very next session Congress took steps to revise it. A bill was reported
in the House, January 13, 1819, but it was not discussed till
March.[115] It finally passed, after "much debate."[116] The Senate
dropped its own bill, and, after striking out the provision for the
death penalty, passed the bill as it came from the House.[117] The House
acquiesced, and the bill became a law, March 3, 1819,[118] in the midst
of the Missouri trouble. This act directed the President to use armed
cruisers on the coasts of the United States and Africa to suppress the
slave-trade; one-half the proceeds of the condemned ship were to go to
the captors as bounty, provided the Africans were safely lodged with a
United States marshal and the crew with the civil authorities. These
provisions were seriously marred by a proviso which Butler of Louisiana,
had inserted, with a "due regard for the interests of the State which he
represented," viz., that a captured slaver must always be returned to
the port whence she sailed.[119] This, of course, secured decided
advantages to Southern slave-traders. The most radical provision of the
act was that which directed the President to "make such regulations and
arrangements as he may deem expedient for the safe keeping, support, and
removal beyond the limits of the United States, of all such negroes,
mulattoes, or persons of colour, as may be so delivered and brought
within their jurisdiction;" and to appoint an agent in Africa to receive
such Negroes.[120] Finally, an appropriation of $100,000 was made to
enforce the act.[121] This act was in some measure due to the new
colonization movement; and the return of Africans recaptured was a
distinct recognition of its efforts, and the real foundation of Liberia.
To render this straightforward act effective, it was necessary to add
but one measure, and that was a penalty commensurate with the crime of
slave stealing. This was accomplished by the Act of May 15, 1820,[122] a
law which may be regarded as the last of the Missouri Compromise
measures. The act originated from the various bills on piracy which were
introduced early in the sixteenth Congress. The House bill, in spite of
opposition, was amended so as to include slave-trading under piracy,
and passed. The Senate agreed without a division. This law provided that
direct participation in the slave-trade should be piracy, punishable
with death.[123]
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