American Negro Slavery Part 11

The local effect of the repeal is indicated in the experience of E.S.

Thomas, a Charleston bookseller of the time who in high prosperity had just opened a new importation of fifty thousand volumes. As he wrote in after years, the news that the legislature had reopened the slave trade "had not been five hours in the city, before two large British Guineamen, that had been lying on and off the port for several days expecting it, came up to town; and from that day my business began to decline.... A great change at once took place in everything. Vessels were fitted out in numbers for the coast of Africa, and as fast as they returned their cargoes were bought up with avidity, not only consuming the large funds that had been acc.u.mulating, but all that could be procured, and finally exhausting credit and mortgaging the slaves for payment.... For myself, I was upwards of five years disposing of my large stock, at a sacrifice of more than a half, in all the princ.i.p.al towns from Augusta in Georgia to Boston."[19]

[Footnote 19: E.S. Thomas, _Reminiscences_, II, 35, 36.]

As reported at the end of the period, the importations amounted to 5386 slaves in 1804; 6790 in 1805; 11,458 in 1806; and 15,676 in 1807.[20]

Senator William Smith of South Carolina upon examining the records at a later time placed the total at 39,310, and a.n.a.lysed the statistics as follows: slaves brought by British vessels, 19,449; by French vessels, 1078; by American vessels, operated mostly for the account of Rhode Islanders and foreigners, 18,048.[21] If an influx no greater than this could produce the effect which Thomas described, notwithstanding that many of the slaves were immediately res.h.i.+pped to New Orleans and many more were almost as promptly sold into the distant interior, the scale of the preceding illicit trade must have been far less than the official statements and the apologies in Congress would indicate.

[Footnote 20: _Virginia Argus_, Jan. 19, 1808.]

[Footnote 21: _Annals of Congress_, 1821-1822, pp. 73-77.]

South Carolina's opening of the trade promptly spread dismay in other states. The North Carolina legislature, by a vote afterwards described as virtually unanimous in both houses, adopted resolutions in December, 1804, instructing the Senators from North Carolina and requesting her Congressmen to use their utmost exertions at the earliest possible time to procure an amendment to the Federal Const.i.tution empowering Congress at once to prohibit the further importation of slaves and other persons of color from Africa and the West Indies. Copies were ordered sent not only to the state's delegation in Congress but to the governors of the other states for transmission to the legislatures with a view to their concurrence.[22] In the next year similar resolutions were adopted by the legislatures of New Hamps.h.i.+re, Vermont, Maryland and Tennessee;[23] but the approach of the time when Congress would acquire the authority without a change of the Const.i.tution caused a s.h.i.+fting of popular concern from the scheme of amendment to the expected legislation of Congress. Meanwhile, a bill for the temporary government of the Louisiana purchase raised the question of African importations there which occasioned a debate in the Senate at the beginning of 1804[24] nearly as vigorous as those to come on the general question three years afterward.

[Footnote 22: Broadside copy of the resolution, accompanied by a letter of Governor James Turner of North Carolina to the governor of Connecticut, in the possession of the Pennsylvania Historical Society.]

[Footnote 23: H.V. Ames, _Proposed Amendments to the Const.i.tution_, in the American Historical a.s.sociation _Report_ for 1896, pp. 208, 209.]

[Footnote 24: Printed from Senator Plumer's notes, in the _American Historical Review_, XXII, 340-364.]

In the winter of 1804-1805 bills were introduced in both Senate and House to prohibit slave importations at large; but the one was postponed for a year and the other was rejected,[25] doubtless because the time was not near enough when they could take effect. At last the matter was formally presented by President Jefferson. "I congratulate you, fellow-citizens,"

he said in his annual message of December 2, 1806, "on the approach of the period at which you may interpose your authority const.i.tutionally to withdraw the citizens of the United States from all further partic.i.p.ation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country have long been eager to proscribe. Although no law you can pa.s.s can take effect until the day of the year one thousand eight hundred and eight, yet the intervening period is not too long to prevent, by timely notice, expeditions which cannot be completed before that day."[26] Next day Senator Bradley of Vermont gave notice of a bill which was shortly afterward introduced and which, after an unreported discussion, was pa.s.sed by the Senate on January 27. Its conspicuous provisions were that after the close of the year 1807 the importation of slaves was to be a felony punishable with death, and that the interstate coasting trade in slaves should be illegal.

[Footnote 25: W.E.B. DuBois, _Suppression of the African Slave Trade_, p.

105.]

The report of proceedings in the House was now full, now scant. The paragraph of the President's message was referred on December 3 to a committee of seven with Peter Early of Georgia as chairman and three other Southerners in the members.h.i.+p. The committee's bill reported on December 15, proposed to prohibit slave importations, to penalize the fitting out of vessels for the trade by fine and forfeiture, to lay fines and forfeitures likewise upon the owners and masters found within the jurisdictional waters of the United States with slaves from abroad on board, and empowered the President to use armed vessels in enforcement. It further provided that if slaves illegally introduced should be found within the United States they should be forfeited, and any person wittingly concerned in buying or selling them should be fined; it laid the burden of proof upon defendants when charged on reasonable grounds of presumption with having violated the act; and it prescribed that the slaves forfeited should, like other goods in the same status, be sold at public outcry by the proper federal functionaries.[27]

[Footnote 26: _Annals of Congress_, 1806-1807, p. 14.]

[Footnote 27 _Ibid_., pp. 167, 168.]

Mr. Sloan of New Jersey instantly moved to amend by providing that the forfeited slaves be ent.i.tled to freedom. Mr. Early replied that this would rob the bill of all effect by depriving it of public sanction in the districts whither slaves were likely to be brought. Those communities, he said, would never tolerate the enforcement of a law which would set fresh Africans at large in their midst. Mr. Smilie, voicing the sentiment and indicating the dilemma of most of his fellow Pennsylvanians, declared his unconquerable aversion to any measure which would make the federal government a dealer in slaves, but confessed that he had no programme of his own. Nathaniel Macon, the Speaker, saying that he thought the desire to enact an effective law was universal, agreed with Early that Sloan's amendment would defeat the purpose. Early himself waxed vehement, prophesying the prompt extermination of any smuggled slaves emanc.i.p.ated in the Southern states. The amendment was defeated by a heavy majority.

Next day, however, Mr. Bidwell of Ma.s.sachusetts renewed Sloan's attack by moving to strike out the provision for the forfeiture of the slaves; but his colleague Josiah Quincy, supported by the equally sagacious Timothy Pitkin of Connecticut, insisted upon the necessity of forfeiture; and Early contended that this was particularly essential to prevent the smuggling of slaves across the Florida border where the s.h.i.+ps which had brought them would keep beyond the reach of congressional laws. The House finding itself in an impa.s.se referred the bill back to the same committee, which soon reported it in a new form declaring the illegal importation of slaves a felony punishable with death. Upon Early's motion this provision was promptly stricken out in committee of the whole by a vote of 60 to 41; whereupon Bidwell renewed his proposal to strike out the forfeiture of slaves. He was numerously supported in speeches whose main burden was that the United States government must not become the receiver of stolen goods.

The speeches in reply stressed afresh the pivotal quality of forfeiture in an effective law; and Bidwell when pressed for an alternative plan could only say that he might if necessary be willing to leave them to the disposal of the several states, but was at any rate "opposed to disgracing our statute book with a recognition of the principle of slavery." Quincy replied that he wished Bidwell and his fellows "would descend from their high abstract ground to the level of things in their own state--such as have, do and will exist after your laws, and in spite of them." The Southern members, said he, were anxious for nothing so much as a total prohibition, and for that reason were insistent upon forfeiture. For the sake of enforcing the law, and for the sake of controlling the future condition of the smuggled slaves, forfeiture was imperative. Such a provision would not necessarily admit that the importers had had a t.i.tle in the slaves before capture, but it and it alone would effectively divest them of any color of t.i.tle to which they might pretend. The amendment was defeated by a vote of 36 to 63.

When the bill with amendments was reported to the House by the committee of the whole, on December 31, there was vigorous debate upon the question of subst.i.tuting imprisonment of from five to ten years in place of the death penalty. Mr. Talmadge of Connecticut supported the provision of death with a biblical citation; and Mr. Smilie said he considered it the very marrow of the bill. Mr. Lloyd of Maryland thought the death penalty would be out of proportion to the crime, and considered the extract from Exodus inapplicable since few of the negroes imported had been stolen in Africa.

But Mr. Olin of Vermont announced that the man-stealing argument had persuaded him in favor of the extreme penalty. Early now became furious, and in his fury, frank. In a preceding speech he had p.r.o.nounced slavery "an evil regretted by every man in the country."[28] He now said: "A large majority of the people in the Southern states 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.... I will tell the truth. A large majority of people in the Southern states do not consider slavery as 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. Some gentlemen appear to legislate for the sake of appearances.... I should like to know what honor you will derive from a law that will be broken every day of your lives."[29] Mr. Stanton said with an air of deprecation on behalf of his state of Rhode Island: "I wish the law made so strong as to prevent this trade in future; but I cannot believe that a man ought to be hung for only stealing a negro. Those who buy them are as bad as those who import them, and deserve hanging quite as much." The yeas and nays recorded at the end of the exhausting day showed 63 in favor and 53 against the subst.i.tution of imprisonment. The North was divided, 29 to 37, with the nays coming mostly from Pennsylvania, Ma.s.sachusetts and Connecticut; the South, although South Carolina as well as Kentucky was evenly divided, cast 34 yeas to 16 nays.

Virginia and Maryland, which might have been expected to be doubtful, virtually settled the question by casting 17 yeas against 6 nays.

[Footnote 28: _Annals of Congress_, 1806-1807, p. 174.]

[Footnote 29: _Ibid_., pp. 238, 239.]

When the consideration of the bill was resumed on January 7, Mr. Bidwell renewed his original attack by moving to strike out the confiscation of slaves; and when this was defeated by 39 to 77, he attempted to reach the same end by a proviso "That no person shall be sold as a slave by virtue of this act," This was defeated only by the casting vote of the Speaker. Those voting aye were all from Northern states, except Archer of Maryland, Broom of Delaware, Bedinger of Kentucky and Williams of North Carolina. The noes were all from the South except one from New Hamps.h.i.+re, ten from New York, and one from Pennsylvania. The outcome was evidently unsatisfactory to the bulk of the members, for on the next day a motion to recommit the bill to a new committee of seventeen prevailed by a vote of 76 to 46. Among the members who s.h.i.+fted their position over night were six of the ten from New York, four from Maryland, three from Virginia, and two from North Carolina.

In the new committee Bedinger of Kentucky, who was regularly on the Northern side, was chairman, and Early was not included.

This committee reported in February a bill providing, as a compromise, that forfeited negroes should be carried to some place in the United States where slavery was either not permitted or was in course of gradual extinction, and there be indentured or otherwise employed as the President might deem best for them and the country. Early moved that for this there be subst.i.tuted a provision that the slaves be delivered to the several states in which the captures were made, to be disposed of at discretion; and he said that the Southern people would resist the indenture provision with their lives. This reckless a.s.sertion suggests that Early was either set against the framing of an effective law, or that he spoke in mere blind rage.

Before further progress was made the House laid aside its bill in favor of the one which the Senate had now pa.s.sed. An amendment to this, striking out the death penalty, was adopted on February 12 by a vote of 67 to 48. The North gave 31 ayes and 36 noes, quite evenly distributed among the states.

The South cast 37 ayes to 11 noes, five of the latter coming from Virginia, two from North Carolina, and one each from Delaware, Maryland, Kentucky and South Carolina. A considerable s.h.i.+fting of votes appeared since the ballot on the same question six weeks before. Knight of Rhode Island, Sailly and Williams of New York, Helms of New Jersey and Wynns of North Carolina changed in favor of the extreme penalty; but they were more than offset by the opposite change of Bidwell of Ma.s.sachusetts, Van Cortlandt of New York, Lambert of New Jersey, Clay and Gray of Virginia and McFarland of North Carolina. Numerous members from all quarters who voted on one of these roll-calls were silent at the other, and this variation also had a net result against the infliction of death. The House then filled the blank it had made in the bill by defining the offense as a high misdemeanor and providing a penalty of imprisonment of not less than five nor more than ten years. John Randolph opposed even this as excessive, but found himself unsupported. The House then struck out the prohibition of the coasting trade in slaves, and returned the bill as amended to the Senate. The latter concurred in all the changes except that as to the coastwise trade, and sent the bill back to the House.

John Randolph now led in the insistence that the House stand firm. If the bill should pa.s.s without the amendment, said he, the Southern people would set the law at defiance, and he himself would begin the violation of so unconst.i.tutional an infringement of the rights of property. The House voted to insist upon its amendment, and sent the bill to conference where in compromise the prohibition as to the coastwise carriage of slaves for sale was made to apply only to vessels of less than forty tons burthen. The Senate agreed to this. In the House Mr. Early opposed it as improper in law and so easy of evasion that it would be perfectly futile for the prevention of smuggling from Florida. John Randolph said: "The provision of the bill touched the right of private property. He feared lest at a future period it might be made the pretext of universal emanc.i.p.ation. He had rather lose the bill, he had rather lose all the bills of the session, he had rather lose every bill pa.s.sed since the establishment of the government, than agree to the provision contained in this slave bill. It went to blow up the Const.i.tution in ruins."[30] Concurrence was carried, nevertheless, by a vote of 63 to 49, in which the North cast 51 ayes to 12 noes, and the South 12 ayes to 37 noes. The Southern ayes were four from Maryland, four from North Carolina, two from Tennessee, and one each from Virginia and Kentucky. The Northern noes were five from New York, two each from New Hamps.h.i.+re and Vermont, and one each from Ma.s.sachusetts, Connecticut and Pennsylvania.

[Footnote 30: _Annals of Congress_, 1806-1807, p. 626.]

The bill then pa.s.sed the House. Its variance from the original House bill was considerable, for it made the importation of slaves from abroad a high misdemeanor punishable with imprisonment; it prohibited the coastwise trade by sea in vessels of less than forty tons, and required the masters of larger vessels transporting negroes coastwise to deliver to the port officials cla.s.sified manifests of the negroes and certificates that to the best of their knowledge and belief the slaves had not been imported since the beginning of 1808; and instead of forfeiture to the United States it provided that all smuggled slaves seized under the act should be subject to such disposal as the laws of the state or territory in which the seizure might be made should prescribe.[31] Randolph, still unreconciled, offered an explanatory act, February 27, that nothing in the preceding act should be construed to affect in any manner the absolute property right of masters in their slaves not imported contrary to the law, and that such masters should not be liable to any penalty for the coastwise transportation of slaves in vessels of less than forty tons. In attempting to force this measure through, he said that if it did not pa.s.s the House at once he hoped the Virginia delegation would wait on the President and remonstrate against his approving the act which had pa.s.sed.[32] By a vote of 60 to 49 this bill was made the order for the next day; but its further consideration was crowded out by the rush of business at the session's close. The President signed the prohibitory bill on March 2, without having received the threatened Virginia visitation.

[Footnote 31: _Ibid_., pp. 1266-1270.]

[Footnote 32: _Annals of Congress_, 1806-1807, p. 637.]

Among the votes in the House on which the yeas and nays were recorded in the course of these complex proceedings, six may be taken as tests. They were on striking out the death penalty, December 31; on striking out the forfeiture of slaves, January 7; on the proviso that no person should be sold by virtue of the act, January 7; on referring the bill to a new committee, January 8; on striking out the death penalty from the Senate bill, February 12; and on the prohibition of the coasting trade in slaves in vessels of under forty tons, February 26. In each case a majority of the Northern members voted on one side of the question, and a yet larger majority of Southerners voted on the other. Twenty-two members voted in every case on the side which the North tended to adopt. These comprised seven from Ma.s.sachusetts, six from Pennsylvania, three from Connecticut, and one or two from each of the other Northern states except Rhode Island and Ohio. They comprised also Broom of Delaware, Bedinger of Kentucky, and Morrow of Virginia; while Williams of North Carolina was almost equally constant in opposing the policies advocated by the bulk of his fellow Southerners. On the other hand the regulars on the Southern side comprised not only ten Virginians, all of the six South Carolinians, except three of their number on the punishment questions, all of the four Georgians, three North Carolinians, two Marylanders and one Kentuckian, but in addition Tenney of New Hamps.h.i.+re, Schuneman, Van Rensselaer and Verplanck of New York on all but the punishment questions.

On the whole, sectional divergence was fairly p.r.o.nounced, but only on matters of detail. The expressions from all quarters of a common desire to make the prohibition of importations effective were probably sincere without material exception. As regards the Virginia group of states, their economic interest in high prices for slaves vouches for the genuine purpose of their representatives, while that of the Georgians and South Carolinians may at the most be doubted and not disproved. The South in general wished to prevent any action which might by implication stigmatize the slaveholding regime, and was on guard also against precedents tending to infringe state rights. The North, on the other hand, was largely divided between a resolve to stop the sanction of slavery and a desire to enact an effective law in the premises directly at issue. The outcome was a law which might be evaded with relative ease wherever public sanction was weak, but which nevertheless proved fairly effective in operation.

When slave prices rose to high levels after the war of 1812 systematic smuggling began to prevail from Amelia Island on the Florida border, and on a smaller scale on the bayous of the Barataria district below New Orleans; but these operations were checked upon the pa.s.sage of a congressional act in 1818 increasing the rewards to informers. Another act in the following year directed the President to employ armed vessels for police in both African and American waters, and incidentally made provisions contemplating the return of captured slaves to Africa. Finally Congress by an act of 1820 declared the maritime slave trade to be piracy.[33] Smuggling thereafter diminished though it never completely ceased.

[Footnote 33: DuBois, _Suppression of the Slave Trade_, pp. 118-123.]

As to the dimensions of the illicit importations between 1808 and 1860, conjectures have placed the gross as high as two hundred and seventy thousand.[34] Most of the doc.u.ments in the premises, however, bear palpable marks of unreliability. It may suffice to say that these importations were never great enough to affect the labor supply in appreciable degree. So far as the general economic regime was concerned, the foreign slave trade was effectually closed in 1808.

[Footnote 34: W.H. Collins, _The Domestic Slave Trade of the Southern States_ (New York [1904], pp. 12-20). _See also_ W.E.B. DuBois, "Enforcement of the Slave Trade Laws," in the American Historical a.s.sociation _Report_ for 1891, p. 173.]

At that time, however, there were already in the United States about one million slaves to serve as a stock from which other millions were to be born to replenish the plantations in the east and to aid in the peopling of the west. These were ample to maintain a chronic racial problem, and had no man invented a cotton gin their natural increase might well have glutted the market for plantation labor. Had the African source been kept freely open, the bringing of great numbers to meet the demand in prosperous times would quite possibly have so burdened the country with surplus slaves in subsequent periods of severe depression that slave prices would have fallen virtually to zero, and the slaveholding community would have been driven to emanc.i.p.ate them wholesale as a means of relieving the masters from the burden of the slaves' support. The foes of slavery had long reckoned that the abolition of the foreign trade would be a fatal blow to slavery itself. The event exposed their fallacy. Thomas Clarkson expressed the disappointment of the English abolitionists in a letter of 1830: "We certainly have been deceived in our first expectations relative to the fruit of our exertions. We supposed that when by the abolition of the slave trade the planters could get no more slaves, they would not only treat better those whom they then had in their power, but that they would gradually find it to their advantage to emanc.i.p.ate them. A part of our expectations have been realized; ... but, alas! where the heart has been desperately wicked, we have found no change. We did not sufficiently take into account the effect of unlimited power on the human mind. No man likes to part with power, and the more unbounded it is, the less he likes to part with it. Neither did we sufficiently take into account the ignominy attached to a black skin as the badge of slavery, and how difficult it would be to make men look with a favourable eye upon what they had looked [upon] formerly as a disgrace. Neither did we take sufficiently into account the belief which every planter has, that such an unnatural state as that of slavery can be kept up only by a system of rigour, and how difficult therefore it would be to procure a relaxation from the ordinary discipline of a slave estate."[35]

[Footnote 35: MS. in private possession.]

If such was the failure in the British West Indies, the change in conditions in the United States was even greater; for the rise of the cotton industry concurred with the prohibition of the African trade to enhance immensely the preciousness of slaves and to increase in similar degree the financial obstacle to a sweeping abolition.

CHAPTER IX

THE INTRODUCTION OF COTTON AND SUGAR

The decade following the peace of 1783 brought depression in all the plantation districts. The tobacco industry, upon which half of the Southern people depended in greater or less degree, was entering upon a half century of such wellnigh constant low prices that the opening of each new tract for its culture was offset by the abandonment of an old one, and the export remained stationary at a little less than half a million hogsheads. Indigo production was decadent; and rice culture was in painful transition to the new tide-flow system. Slave prices everywhere, like those of most other investments, were declining in so disquieting a manner that as late as the end of 1794 George Was.h.i.+ngton advised a friend to convert his slaves into other forms of property, and said on his own account: "Were it not that I am principled against selling negroes, as you would cattle in a market, I would not in twelve months hence be possessed of a single one as a slave.

I shall be happily mistaken if they are not found to be a very troublesome species of property ere many years have pa.s.sed over our heads."[1] But at that very time the addition of cotton and sugar to the American staples was on the point of transforming the slaveholders' prospects.

[Footnote 1: New York Public Library _Bulletin_, 1898, pp. 14, 15.]

For centuries cotton had been among the world's materials for cloth, though the dearth of supply kept it in smaller use than wool or flax. This continued to be the case even when the original sources in the Orient were considerably supplemented from the island of Bourbon and from the colonies of Demarara, Berbice and Surinam which dotted the tropical South American coast now known as Guiana. Then, in the latter half of the eighteenth century, the great English inventions of spinning and Weaving machinery so cheapened the manufacturing process that the world's demand for textiles was immensely stimulated. Europe was eagerly inquiring for new fiber supplies at the very time when the plantation states of America were under the strongest pressure for a new source of income.

The green-seed, short-staple variety of cotton had long been cultivated for domestic use in the colonies from New Jersey to Georgia, but on such a petty scale that spinners occasionally procured supplies from abroad. Thus George Was.h.i.+ngton, who amid his many activities conducted a considerable cloth-making establishment, wrote to his factor in 1773 that a bale of cotton received from England had been damaged in transit.[2] The cutting off of the foreign trade during the war for independence forced the Americans to increase their cotton production to supply their necessities for apparel. A little of it was even exported at the end of the war, eight bags of which are said to have been seized by the customs officers at Liverpool in 1784 on the ground that since America could not produce so great a quant.i.ty the invoice must be fraudulent. But cotton was as yet kept far from staple rank by one great obstacle, the lack of a gin. The fibers of the only variety at hand clung to the seed as fast as the wool to the sheep's back. It had to be cut or torn away; and because the seed-tufts were so small, this operation when performed by hand was exceedingly slow and correspondingly expensive. The preparation of a pound or two of lint a day was all that a laborer could accomplish.

[Footnote 2: MS. in the Library of Congress, Was.h.i.+ngton letter-books, XVII, 90.]