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DECEMBER, 1806.]

Importation of Slaves.

[H. OF R.

Now, I say, sir, a little more practicable good, and a little less theoretic impulse. Reason and legislate according to the actual state of this description of persons. Place yourselves so as to do the best possible for their good. They are thrown on your mercy. Do not trust to others. You can be most certain this power will not be abused in your own hands. Forfeit-because this is the technical word for getting the control of them, and the only certain way of making them secure of your humanity. But what shall be done with them? That is a subsequent consideration. It is enough for me to know that this House can never do any thing with them which humanity and self-preservation do not dictate. Gentlemen will not pretend that these Africans have more rights by nature than our children. And yet, in every parish, poor children are bound out, without their consent, until they are of age, and of capacity to take care of themselves. These Africans are as helpless, ignorant, and incompetent as such children, and the wisdom of the National Legislature certainly can, and I have no doubt will, devise means to make them useful members of society, without any infringement of the rights of man.

first arrive in this country, naked, helpless, | cising himself and instructing others on these ignorant of our language, our climate, our laws, themes-the very persons he had undertaken our character, and our manners? Are you to deliver-the great African Princess Micoafraid to trust the National Government, and yet, micona, Queen of the great African Kingdom by refusing to forfeit, will you throw them under Micomicon, with her father, her mother, her the control of the States, all of whom may, and brothers, her sisters, in short her whole family, some of them will, and must, make them slaves? were left in absolute and irretrievable slavery; But the great objection to forfeiture is, "it their fetters not knocked off, nor their shackles admits a title." I answer, first, this does not lightened, nor one ray of light thrown in upon necessarily follow. All the effect of forfeiture their prison. And yet the good knight, with is, that whatever title can be acquired in the all possible self-complacency, astride of his thecargo shall be vested in the United States. If ories, was couching his lance, scouring the plain, the argument of the gentleman be correct, and the mirror of philanthropic chivalry, the very the species of cargo be such as that, from the cream of the milk of human kindness! nature of the thing, no title can be acquired in it, then nothing can vest in the United States; | and the only operation of forfeiture is to divest the importer's color of title by the appropriate commercial term-perhaps the only term we can use effectual to this purpose, and which does not interfere with the rights of the States. Grant that these persons have all the rights of man; will not these rights be as valid against the United States as against the importer; and by taking all color of title out of the importer, do we not place the United States in the best possible situation to give efficiency to the rights of man, in respect to the persons so imported? But, next, let us agree that forfeiture does admit a species of title, lost on one side and acquired on the other; such as we cannot pre- | vent being recognized in those States where these importations will most frequently take place; I ask, which is best, and which most humane? Admit a title, gain it for the United States, and then make these miserable creatures free, under such circumstances, and in such time, as their condition into which they are forced permits, or deny the possibility of acquiring a title, and leave them to be slaves? But my colleague (Mr. BIDWELL) has a sovereign specific for this. He says, "We do not make them slaves, we only leave them to the laws of the respective States." But I ask, if the laws of all the States may, and those of some of the States do, and necessarily will make them slaves, "by leaving them to the operation of the laws of these States," do we not as absolutely make them slaves as though we voted them to be such in this House? To my mind, when we have the power, if we fail to secure to ourselves the means of giving them Suppose we leave them as the gentleman their freedom, under proper modifications, we from Massachusetts (Mr. BIDWELL) has suggesthave an agency in making them slaves. To me ed, what will become of them? They will be it seems that the amendment proposed, striking smuggled in and made slaves. All the arguout the forfeiture, will defeat the very end its ments which I have yet heard have served to advocates have in view. Really, sir, I fear it confirm the opinion that a forfeiture is the only will happen to the honorable mover of the effectual mode of prohibition; and though our amendment (Mr. BIDWELL) as it happened to sincerity has been doubted with an if, yet I beanother celebrated asserter of African rights-lieve every member in this House is solicitous I mean the renowned Knight of La Mancha. to put a complete stop to this nefarious traffic. We all recollect that while that worthy knight was, with all the real honesty in the world, descanting on the moral fitness of things on the eternal, unalienable, imprescriptible rights of man!-that during all that time he was exer

Mr. MACON, (the Speaker.)-I still consider this a commercial question. The laws of nations have nothing more to do with it than the laws of the Turks or the Hindoos. We derive our powers of legislation not from the laws of nations, but from the constitution. If this is not a commercial question, I would thank the gentleman to show what part of the constitution gives us any right to legislate on this subject. It is in vain to talk of turning these creatures loose to cut our throats.

WEDNESDAY, December 31.
Importation of Slaves.

The House proceeded to consider the amend

H. OF R.]

Importation of Slaves.

[DECEMBER, 1806.

ments reported by the Committee of the Whole | in providing for it an adequate punishment. on the twenty-ninth instant, to the bill to prohibit the importation or bringing of slaves into the United States, or the territories thereof, after the 31st of December.

Mr. SLOAN was decidedly opposed to the amendment. He was aware that some might charge him with departing from his well-known peaceable principles, in contending for so sanguinary a punishment as death. But many crimes inferior to this were punished with death, and he thought that there ought to be a proportion in these things. Mr. S. stated the hardships of the Africans, and the cruel circumstances attending their importation, and insisted on the magnitude of the crime at considerable length.

After some conversation between Mr. SMILIE and the SPEAKER, on a point of order, Mr. DANA called for a division of the question. The question was accordingly divided, the first being on striking out of the bill so much as inflicts the punishment of death.

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The evils which may be expected to result from this commerce, if persisted in, will fall on the Southern States; and the Eastern and Middle States are accused of carrying it on. If this be the fact, and gentlemen are sincere in their declarations, why will they not unite with us to mete out that punishment which, on their own statements, will fall exclusively on those who are concerned in this execrable traffic from the Northern States?

Mr. MOSELY.-The only objection which has been made against this section of the bill, as it was originally introduced, is, that the severity of the penalty as there prescribed, would proba bly prevent the law from being carried into execution.

I entirely agree in the justice of the general remark, that it is the certainty, more than the severity, of the punishment, which tends to prevent the commission of crimes; that when the penalty is excessive or disproportioned to the offence, it will naturally create a repugnance to the law, and render its execution odious.

But I would ask, in the first place, what pun

Mr. ELY was against striking out. He deemed the crime in question as one of the most heinous kind, and one which ought to be punishment can be considered as too severe to be ished capitally. But his principal reason for advocating so severe a punishment was, that he thought it the most effectual method of putting a stop to the trade. The other provisions of the bill were, in his opinion, not sufficient. If the punishment of death was inflicted, he presumed no persons would venture to engage in the trade, and run the risk of being punished, especially, as the traffic is one of the most uncertain and perilous kinds. It is said, if you punish with such severity, none will inform; but will any one venture to run the risk under this impression? Mr. E. thought not. Besides, this is the most humane punishment, because it will most effectually prevent the accumulation of miseries that result from the trade. It will, also, remove all the difficulties on the subject of forfeiture, by preventing the introduction of slaves.

inflicted on this inhuman and murderous traffic! Viewed in all its consequences, there is hardly to be found, I apprehend, in the whole catalogue of crimes, one attended with more accumu lated guilt. I have, indeed, sir, heard no gentleman suggest any thing in palliation of this offence, or deny that it is justly deserving of death. Why, then, are we to presume that the law would not be enforced? The gentlemen from the South assure us that they, and the people whom they represent, are sincerely soli citous to prevent the further importation of slaves into this country, and they will cheerfully and cordially co-operate in the most effec tual measures for that purpose. Will they, then, from motives of tenderness to the persons employed in importing them, be unwilling to subject those persons to the punishment they justly merit?

Mr. TALLMADGE said he considered the ques- Sir, there is one circumstance worthy of attion before the House to be, whether we should tention, which I think must obviate every obstrike out that part of the section which at- jection of this sort. Who are the people entaches the crime of felony to this nefarious gaged in this business? We have been repeattraffic, and, of course, annexes to it the punish-edly told, and told with an air of some triumph, ment of death. He trusted the House would not consent to strike out that clause of the bill, the retention of which should receive his hearty support.

Since I have had the honor of a seat in this House, I can scarcely recollect an instance in which the members seem so generally to agree in the principles of a bill, and yet differ so widely as to its details. There seems to be great unanimity respecting the atrocity of the crime, but a wide difference of opinion as to the measures necessary to prevent it. To me, it is matter of surprise as well as of regret, that gentlemen, who appear so ardently engaged to prevent the introduction of slaves into our country, should not be willing to unite with us

by gentlemen from the South, that it is not their citizens; that they have no concern in this nefarious traffic; that it is the people from the Northern States who import these negroes into the Southern States, and thereby seduce their citizens to become their purchasers. If this be the fact, are we to believe that they will enter tain any particular feelings of partiality or pas sion towards this class of people, or that they will not feel a just degree of indignation towards them, and be disposed to subject them to the most exemplary punishment? And as it respects the great body of the people in the Northern States, at least, I will presume to say, of the State which I have the honor to repre sent, should any of their citizens be convicted

DECEMBER, 1806.]

Importation of Slaves.

[H. OF R.

upon this law, so far from charging their South- | where no man dare inform. My word for it, ern brethren with cruelty or severity in hang- I pledge it to-day, and I wish it may be recoling them, they would acknowledge the favor lected; no man in the Southern section of the with gratitude. When we consider the charac- Union will dare inform. It would cost him ter of the persons engaged in this traffic, that more than his life is worth. No man would they are the most hardened and abandoned of risk it when it led to the punishment of death, the human species, and that it is extremely lu- when it was not for an offence which nature crative, can we suppose that any penalty short revolts at. They do not consider it as a crime. of death will deter them from it? I shall be very glad if even this will have the effect.

Mr. LLOYD.-Though this traffic is sanctioned by the Constitution and laws of the United States, I regard it with hatred and abhorrence, and conceive it to be of the highest importance that we take means to put a complete stop to its further continuance. But, in my opinion, the punishment of death is not best calculated to accomplish this object. Besides, it is not proportional to the crime. This subject has not, I conceive, been fairly argued. Very few of the negroes brought into this country are kidnapped and stolen away. Look at the condition of the people of Africa. Three-fourths of those brought into this country are slaves originally, either by descent or conquest. It is a fact that slavery prevails extensively in Africa. Those taken in conquest are disposed of and sent abroad on account of the vindictive spirit of those people. Such is their thirst for revenge, that this is absolutely necessary for the safety of the conqueror. Of course, all the arguments urged on the ground of the slaves being kidnapped and carried away from a state of freedom, are fallacious.

The gentleman (Mr. SMILIE) has said that, in the Southern States, slavery is felt and acknowledged to be a great evil, and that therefore we will execute a severe law to prevent an increase of this evil. Permit me to tell the gentleman of a small distinction in this case. A large majority of the people in the Southern States do not consider slavery as a crime. They do not believe it immoral to hold human flesh in bondage. Many deprecate slavery as an evil; as a political evil; but not as a crime. Reflecting men apprehend, at some future day, evils, incalculable evils, from it; but it is a fact that few, very few, consider it as a crime.

It is best to be candid on this subject. If they considered the holding of men in slavery as a crime, they would necessarily accuse themselves, a thing which human nature revolts at. I will tell the truth. A large majority of people in the Southern States do not consider slavery as even an evil. Let the gentleman go and travel in that quarter of the Union; let him go from neighborhood to neighborhood, and he will find that this is the fact.

Mr. HOLLAND. In the Southern States slavery is generally considered as a political evil, and Mr. OLIN.-I would ask gentlemen if they in that point of view nearly all are disposed to would not as soon be willing to be brought to stop the trade for the future. But have capital the halter as to be made slaves for life? If they punishments been usually inflicted on offences would, and I trust they would, man-stealing is merely political? I believe not. Fine and ima crime as bad as murder, and ought to be pun-prisonment are the common punishments in ished as heavy. I was at first against the punishment of death; but I own that gentlemen have convinced me by their arguments, and I am now the other way. I am persuaded that gentlemen will think there is nothing dishonorable in this changing one's mind.

Mr. EARLY.-I formerly thought that the decision on this question was not a matter of any great importance; but as it seems now to be considered as a prelude to an attack on subsequent parts of the bill, it appears to me now important that the subject be well understood and rightly decided.

such cases. The people of the South do not generally consider slavery as a moral offence. The importer might say to the informer that he had done no worse, nor even so bad as he. It is true that I have these slaves from Africa; but I have transported them from one master to another. I am not guilty of holding human beings in bondage. But you are. You have hundreds on your plantations in this miserable condition. By your purchases you tempt traders to increase the evil. You and your ancestors have introduced this calamity into the country, and you are continuing, you are augmenting it. What are you told? You are now told that The importer might hold the same language to a forfeiture is unnecessary, and that to inflict the jury and the judge who try him. He might the punishment of death is the only way to stop tell them that they were even more guilty than this trade. I consider this as an old attack re- he. Under such circumstances the law inflictvived in a new form. I hope the House willing death would not be executed. But if you pardon me for undertaking to assign reasons for the bill as reported.

I should like to know how the fear of death will operate on a man who is bound with his slaves to a country where he knows the punishment will not be enforced. He will be bound to a country where the people see slaves every hour of their lives; where there is no such abhorrence of the crime of importing them, and

punish by fine and imprisonment only, you will find the people of the South willing and ready to execute the law.

Mr. DWIGHT.-We are all happily agreed in the great object of the bill-the prevention of the importation of slaves into the United States. Unfortunately, we are not so well agreed in the means to effect this object. It is not, however, at all strange that men should differ about the

H. OF R.]

Salt Duty.

(JANUARY, 1807.

John Randolph, John Rhea of Tennessee, Jacob
Richards, Peter Sailly, Thomas Sanford, Martin G.
Schuneman, Dennis Smelt, John Smith, Samuel
Smith, Henry Southard, Richard Stanford, Joseph
Tracy, Abram Trigg, Daniel C. Verplanck, Robert
Stanton, Samuel Taggart, Samuel Tenney, Uni
Whitehill, Eliphalet Wickes, Nathan Williams, Joseph
Winston, and Thomas Wynns.

best mode to accomplish so important a pur- | Morrow, Gurdon S. Mumford, Thomas Newton, jun, pose; and especially men in the circumstances in which we are placed. Those of us who come from the Northern and Eastern States, where slavery exists not at all, or but in a slight degree, would naturally view this subject in a very different light from gentlemen who represent the Southern States, where slavery always has existed, and that to a great extent. As great a degree of unanimity as is possible is of much importance, both for the purpose of effectually preventing this inhuman traffic, and for the honor and reputation of our country.

The gentleman from Georgia (Mr. EARLY) has informed us repeatedly that a law making this a capital offence cannot be executed in the Southern States; that the importation of slaves has so long been familiar to them, that a great majority of the people consider it not as an aggravated crime, and a large portion of them as no crime at all; that if we make such an offence capital; if we make the consequence of importing a cargo of slaves to be the loss of life, no man will ever be prosecuted for it, because no man will dare inform. All the gentlemen, sir, from the Southern States, who have spoken on this subject, have told us that they earnestly wish effectually to prevent the slave trade in future. I am disposed to credit them fully. Indeed, I cannot conceive that they should not sincerely and fervently wish to prevent a traffic, which, if persisted in, must in all human probability, first or last, bring upon them and their families the most tremendous calamities. If, then, they view the subject in this light, if they are sincere in making these declarations, there is not only no danger that the law will not be executed, but they will unite to a man to execute the law; the whole community will inform; a regard to their own lives, and the lives of their posterity, will drive them to it. And if, sir, in the rigid execution of this statute, its penalties fall upon men from the Eastern States, who are profligate enough to engage in this inhuman trade, I most heartily concur with my colleague in saying, let the law have its full force, let it fall with all its force upon the offender; let him die.

The question being taken by yeas and nays, on striking out so much of the first section as inflicts the punishment of death on owners and masters of vessels employed in the slave trade, it was carried-yeas 63, nays 58, as follows:

YEAS.-Willis Alston, jun., John Archer, Joseph Barker, Burwell Bassett, Silas Betton, John Boyle, William A. Burwell, William Butler, George W. Campbell, Martin Chittenden, John Claiborne, Joseph Clay, George Clinton, jun., John Clopton, Orchard Cook, Ezra Darby, John Dawson, William Dickson, Peter Early, James Elliot, Caleb Ellis, Ebenezer Elmer, James Fisk, Isaiah L. Green, William Helms, James Holland, David Holmes, John G. Jackson, Walter Jones, Thomas Kenan, Nehemiah Knight, Edward Lloyd, Patrick Magruder, Robert Marion, William McCreery, David Meriwether, Nicholas R. Moore, Thomas Moore, Jeremiah

NAYS.-Evan Alexander, Isaac Anderson, David
Bard, George M. Bedinger, Barnabas Bidwell, John
Blake, jun., Thomas Blount, James M. Broom,
Robert Brown, Levi Casey, John Chandler, Matthew
Clay, Frederick Conrad, Leonard Covington, Richard
Cutts, Samuel W. Dana, John Davenport, junior,
Theodore Dwight, Elias Earle, William Ely, John W.
Eppes, William Findlay, John Fowler, Edwin Gray,
Andrew Gregg, Silas Halsey, Seth Hastings, David
Hough, John Lambert, Duncan McFarland, Josiah
Masters, John Morrow, Jonathan O. Mosely, Jere-
miah Nelson, Gideon Olin, John Porter, John Pugh,
John Rea of Pennsylvania, John Russell, Thomas
Sammons, Ebenezer Seaver, James Sloan, John

Smilie, Benjamin Tallmadge, David Thomas, Thomas
W. Thompson, Philip Van Cortlandt, Joseph B.
Varnum, Peleg Wadsworth, John Whitehill, David
R. Williams, Marmaduke Williams, and Alexander
Wilson.

The question on inserting, in lieu of what was stricken out, a clause prescribing imprisonment for not more than ten, nor less than five years, was carried without a division.

The amendments to the second and third sec

tions were read and agreed to, when, after several unsuccessful attempts to adjourn, the further consideration of the subject was postponed till Friday-ayes 71—to which day the House adjourned.

MONDAY, January 5, 1807.

Another member, to wit, MATTHEW WALTON, from Kentucky, appeared, and took his seat in the House.

WEDNESDAY, January 7.

Salt Duty.

Mr. J. RANDOLPH, from the Committee of Ways and Means, to whom was referred, on the third ultimo, so much of the President's Message as relates "to a suppression of the duties on salt, to a continuation of the Mediterra nean fund, and to the state of our revenues," presented a bill repealing the acts laying duties time, the first section of the act, entitled “ An on salt, and continuing in force, for a further act further to protect the commerce and seamen of the United States against the Barbary Powers; " which was read twice, and committed to a Committee of the Whole on Friday next.

FRIDAY, January 9.

Another member, to wit, Matthew Lyon, from Kentucky, appeared, and took his seat in the House.

2

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Mr. J. RANDOLPH moved that the House resolve itself into a Committee of the Whole on the bill for "repealing the acts laying duties on salt, and continuing in force the first section of an act, entitled an act further to protect the commerce and seamen of the United States against the Barbary Powers." *

TUESDAY, January 20.

Suspension of the Anti-slavery of the Ordi

nance of '87 in Indiana.

The SPEAKER laid before the House a letter from William Henry Harrison, Governor of the Indiana Territory, enclosing certain resolutions passed by the Legislative Council and House of Representatives of the said Territory, relative to a suspension, for a certain period, of the sixth article of compact between the United States and the Territories and States north-west of the river Ohio, made on the thirteenth of July, one thousand seven hundred and eighty-seven; which were read, as follows:

Resolved, unanimously, by the Legislative Council and House of Representatives of the Indiana Territory, That a suspension of the sixth article of compact between the United States and the Territories and States north-west of the river Ohio, passed the 13th day of July, 1787, for the term of ten years, would be highly advantageous to the said Territory, and meet the approbation of at least nine-tenths of the good citizens of the same.

Resolved, unanimously, That the abstract question of liberty and slavery is not considered as involved in a suspension of the said article, inasmuch as the number of slaves in the United States would not be augmented by the measure.

The bill was passed through the House with only five dissenting votes, and through the Senate with nearly equal unanimity. The following is a copy of the act:

That, from and after the thirtieth day of June next, the act, entitled "An act laying an additional duty on salt imported into the United States, and for other purposes," passed the eighth day of July, one thousand seven hundred and ninety-seven, shall be, and the same hereby is, repealed, and that, from and after the thirty-first day of December next, so much of any act as lays a duty on imported salt be, and the same hereby is, repealed; and, from and after the day last aforesaid, salt shall be imported into the United States free of duty: Provided, That for the recovery and receipt of such duties as shall have accrued, and on the days aforesaid, respectively, remain outstanding, and for the recovery and distribution of fines, penalties, and forfeitures, and the remission thereof, which shall have been incurred before and

on the said days, respectively, the provisions of the aforesaid

act shall remain in full force and virtue.

[H. OF R.

Resolved, unanimously, That the suspension of the said article would be equally advantageous to the Territory, to the States from whence the negroes would be brought, and to the negroes themselves.

for

To the Territory, because of its situation with regard to the other States; it must be settled by emigrants from those in which slavery is tolerated, or citizens deprived of the greater part of their political many years remain in its present situation, its rights, and, indeed, of all those which distinguish the American from the citizens and subjects of other governments.

The States which are overburdened with negroes would be benefited by their citizens having an opportunity of disposing of the negroes which they cannot comfortably support, or of removing with them to a country abounding with all the necessaries of life; and the negro himself would exchange a scanty pittance of the coarest food for a plentiful and nourishing diet, and a situation which admits not the most distant prospect of emancipation, for one which presents no considerable obstacle to his wishes.

Resolved, unanimously, That the citizens of this part of the former North-western Territory consider themselves as having claims upon the indulgence of Congress in regard to a suspension of the said article, because at the time of the adoption of the ordinance of 1787 slavery was tolerated, and slaves generally possessed by the citizens then inhabiting the country, amounting to at least one-half the present population of Indiana, and because the said ordinance was passed in Congress when the said citizens were not represented in that body, without their being consulted, and without their knowledge and approba

tion.

Resolved, unanimously, That, from the situation, soil, climate, and productions of the Territory, it is

not believed that the number of slaves would ever

bear such proportion to the white population, as to endanger the internal peace and prosperity of the

country.

Resolved, unanimously, That copies of these resolutions be delivered to the Governor of this Territory, to be by him forwarded to the President of the Senate and to the Speaker of the House of Representatives of the United States, with a request that they will lay the same before the Senate and House of Representatives, over which they respectively preside.

Resolved, unanimously, That a copy of these resolutions be delivered to the delegate to Congress from this Territory, and that he be, and he hereby is, instructed to use his best endeavors to obtain a suspension of the said article.

The resolutions were referred to Mr. PARKE, Mr. MASTERS, Mr. RHEA of Tennessee, Mr. SANFORD, Mr. ALSTON, Mr. JEREMIAH MORROW, and Mr. TRIGG, to examine and report their opinion thereupon to the House.

MONDAY, January 26.

SEC. 2. And be it further enacted, That, from and after the first day of January next, so much of any act as allows a bounty on exported salt, provisions and pickled fish, in lieu of drawback of the duties on the salt employed in curing the same, and so much of any act as makes allowance to the owners and crews of fishing vessels, in lieu of drawback of the duties paid on the salt used by the same, shall be, and the same hereby is, repealed: Provided, That the provisions Another new member, to wit, WILLIAM W. of the aforesaid acts shall remain in full force and virtue for BIBB, from Georgia, returned to serve as a memthe payment of the bounties or allowances incurred or paya-ber for the said State, in the place of Thomas ble on the first day of January next. Spalding, who has resigned his seat, appeared, not a word of objection to the bounties and allowances fall-produced his credentials, was qualified, and took ing with the salt tax.

Throughout the entire debate on the bill, there was

his seat in the House.

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