The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-01
~ Law Of the United States AGAINST the
IIade, and thc Way il is Bvadsd. i.
EXPENSES AND PROFITS.
Americas Vessels Captured and Con
demnod az SlaveYs.
Who are Engaged in the TrafRe il
the United States.
LAWS OF YHB UNITED STATES " REGARD TO THE
SLAVE TRADE.


The proposal which was made some time ago 10
ssvive the slave trsde, and the discussions which
have taken place in consequence thereof, have, in
connection with the large number Of trials that
were held recently in this city for violations of the
nav prohibiting the importation Of slaves, naturally
aroused the attention Of the whole country. Dom
Daxstvely little, however, is known Of the character
n these laws or the manner in which they have
been evaded; and At this time il becomes necessary
10 proper understanding of the whole subject that
The circumstances under which they were enacted,
the manner in which they are evaded, and the way
in which the slave trade is carried on, should be
faly and clearly SCI forth. In the Grst place, then,
IL may astonisb our readers TO learn that the save
trade is considered by the courts of the United
Etates % a legal occupation, although by law
Il is declared 10 be piracy. Startling as this may
appear, it is nevertheless . fact that cannot
- controverted. At the time OF the Revolution
il is well known that the colonies were
engaged in it, and ii was regarded as
. legal traffic by all nations. By the constitu-
ton of the United States the importation of
slaves could not be prohibited before the year $685.
but in 1894 Congress passed law forbidding Ameri
can vessels from engaging therein, and punished
every violation Of it by fine Of two thousand dollars
On the master or owner, and the confscation Of
TIE vessel In the year 1900 another law was en-
acted inficting q penalty Of one thousand dollars
and two years imprisonment on any person who
should be found guilty Of having voluntarily served
o board vessel engaged in the slave trade. From
. consideration Of these laws it is evident that no
Anencan citizen can be punished for carrying on
the business of slave factor the coast of Africa.
This Of itself would be sufficient to prove that the
Omitted States have not actually abolished the
slave trade, and that the prohibition in re-
gard to their citizens engaging in it extenis
only to those who may be employed upon
saave ships. In 1907 q law vas passed in.
cTeasiDg the penalties on the owner, master, fac
tor found guilty Of fitting out any vessel within the
jurisdiction of the United States with the intention
Of employing it in the slave trade; but in 1878 there
was an important change in the legislation upon
this subject-the prohibition was put upon the YES
SOL and to the effect that vessel should be fit
ted out by any person for the purpose of transport
ing negroes persons of color from country 10
another there 10 be held slaves under penalty of
forfeiture of the vessel and cargo. This penalty at
tAches, although the vessel may not have left the
original port, the moment that the owner II,
factor of the vessel has had her fitted up for the
purpose. The law also provides that every owner,
master, factor wto fits out such vessel in such
manner with the intent to employ her in such trans
Dcrtstion Of negroes, shall be liable TO fine and
imprisonment. BY the Ashburton treaty, which
was made in ls42, the United States and England
agreed 20 maintain in service the coast of Africa
o force Of vessels, carrying in all not less than
eighty guns for the suppression Of the trade; bu.
nom the inadequacy OF the force or the superior
skill and adroitness of the slave Traders they have
FILLED to prevent the shipment and expectation of
sisves; and with the exception Of the capture OF
few slavers in the course Of year, they make no
impression whatever the traffic, which is carried
% with great vigor.
10 win be perceived frsm the foregoing that al
thsugh the statutes Of the United States have de-
elared the slave trade TO be piracy, they have said
Ne more than that American citizens should not
~ ont ships in an American port with the intcn
tion Of using them for the purposes already speci
ned. The defective construction Of the law renders
II entirely imperative ia great majority Of cases
and it is now notorious fact that large portion of
The save feet Of the world is fitted out in the port
Of New Yor K. A merchant in Broad street for in.
stance, can build ship, load her, her, a. her
ct completely, well knowing that she is to be EN-
aay punishment IL he himself do not intend directly
% employ his vessel SLAYER. IL he do all this
the agent Of another and that other have the legal
title 70 and legal control Of the vessel prosecution
can be sustained against him; for the Courts have
Secided that merchant has rigAt to sell his goods
and wares and carry on his trade, excepting in all
cases where specially prohibited by law and by the
stter Of the statute that be cannot be tried for an
intention 10 violate the spirit Of the statute for
committing q grossly immoral act, and that he can
only be convicted TOR CONFIRMATION of the precise
terms of the statute itself.
ynoeREss OF THE SLAVE TRADE AND THE sUxsER
or SLAVES TAKEN FROM AFRICA.
The American slave trade, from the time of its
inception in the first years Of the discovery Of Anne
rics, has undergone great changes, both regards
he Gag under which IL has been carried on and the
nations that have been engaged in IL. At FIRST il
wss prosecuted almost exclusively by the Spsnisrds
and Portuguese, who brought ova few negroes TO
the Antilles and the newly settled districts Of Brazil
The trade shortly after passed into the hands Of the
Engish, whose superior akll and energy az sailors
and traders gave them advantage over the Cavaliers
Of Spain, who, fresh from the noorish wars, were
then settling the countries Of tropical America
Bristol in England, was for long time the princi.
pal seat Of the slave trade, and Liverpool owed
pan Of her early growth 10 the same profitable oc.
sspstien. Contracts were entered into by the png
hsn traders with the Spanish government, and every
effort made 10 obtain q monopoly Of the trade, in
which they succeeded in q great measure. About
one hundred and 6ftv years ago some cnterprisng
French traders sndesvored 70 compete with the
English, hat they have never been successful in
securing any large portion Of the African slave
trade. The English mp to the beginning Of
the present century were the great slave traders Of
the world. The first Introduction Of African slaves
was in 1920 by Dutch vessel from Africa TO vir.
xinia Mr.. Cssey in a work upon the slave trade.
says that the trade in nero slaves 70 the American
colonies was too small before 1863 TO attract stten
ton In that year 5ll we're imported into Charles
ton, and in 1866 those imported into Georgia
Numbered Asa. The imp1rtations up to the year
1905 numbered altogether $4,000.
The statistics of the trade with Cuba and Brazil
from the beginning of the present century TO 1910
so defective and unreliable that it would be utterly
useless TO give them. Besides, little attention
given TO this part OF the subject till after the year
1893 by the AniiSlavery Society and humanits
rians generally that the returns were not full and
perfect enough for publication. Under these cir
cnmetancee have NOT included them. Int the