The Suppression of the African Slave Trade to the United States of America Part 49

~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 const.i.tution, ...

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 ent.i.tled 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 s.h.i.+ps 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 owners.h.i.+p. 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 circ.u.mstances 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 ent.i.tled '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 pa.s.sed 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: Ca.s.s's Protest.~

Ca.s.s writes to Webster, that, considering the fact that the signing of the Quintuple Treaty would oblige the partic.i.p.ants 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 a.s.sumed 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 a.s.serts. [Quotes from the presidential message of Dec. 7, 1841.] This principle is a.s.serted 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 a.s.sumes 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 s.h.i.+ps, 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 rest.i.tution 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:--