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
"SECTION 4.... And neither the importer, nor any person
or persons claiming from or under him, shall hold any right or
title whatsoever to any negro, mulatto, or person of color, nor
to the service or labor thereof, who may be imported or brought
within the United States, or territories thereof, in violation
of this law, but the same shall remain subject to any
regulations not contravening the provisions of this act, which
the Legislatures of the several States or Territories at any
time hereafter may make, for disposing of any such negro,
mulatto, or person of color."[32]
57. ~The Second Question: How shall Violations be punished?~ The next
point in importance was that of the punishment of offenders. The
half-dozen specific propositions reduce themselves to two: 1. A
violation should be considered a crime or felony, and be punished by
death; 2. A violation should be considered a misdemeanor, and be
punished by fine and imprisonment.[33]
Advocates of the severer punishment dwelt on the enormity of the
offence. It was "one of the highest crimes man could commit," and "a
captain of a ship engaged in this traffic was guilty of murder."[34] The
law of God punished the crime with death, and any one would rather be
hanged than be enslaved.[35] It was a peculiarly deliberate crime, in
which the offender did not act in sudden passion, but had ample time for
reflection.[36] Then, too, crimes of much less magnitude are punished
with death. Shall we punish the stealer of $50 with death, and the
man-stealer with imprisonment only?[37] Piracy, forgery, and fraudulent
sinking of vessels are punishable with death, "yet these are crimes only
against property; whereas the importation of slaves, a crime committed
against the liberty of man, and inferior only to murder or treason, is
accounted nothing but a misdemeanor."[38] Here, indeed, lies the remedy
for the evil of freeing illegally imported Negroes,--in making the
penalty so severe that none will be brought in; if the South is sincere,
"they will unite to a man to execute the law."[39] To free such Negroes
is dangerous; to enslave them, wrong; to return them, impracticable; to
indenture them, difficult,--therefore, by a death penalty, keep them
from being imported.[40] Here the East had a chance to throw back the
taunts of the South, by urging the South to unite with them in hanging
the New England slave-traders, assuring the South that "so far from
charging their Southern brethren with cruelty or severity in hanging
them, they would acknowledge the favor with gratitude."[41] Finally, if
the Southerners would refuse to execute so severe a law because they did
not consider the offence great, they would probably refuse to execute
any law at all for the same reason.[42]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account