The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1858-06-09
Letter on African Emigration.
Treasury Deparlment. MAY 90. IS


Leer made to you by Messrs. +. L.f,,e
al" oo', merchants, OF Charleston, ). c.,
'to clear the American ship Richard Cob
den, v. +. Black, master, burrhen $50
81 80 tons, tor the coast of Africa. for
the purpose Of taking on board African
em,grahtS, 10 accordance With the L. s.
passenger laws, and returning with the
same to port in the United states"
You ask the opinion Of the Department
upon the proprie,y of your granting or
refusing the application.
The question is an important one. and
l have delayed an answer to YOUR Iet,er
unt | could give The subject a proper
examination.
The form in which this application is
presented, involves the question in some
embarrassment. The object of the ap
p''Ganis must be either to import Africans,
10 oe disposed OF as slaves, or to be bound
10 labor service, or else to bring them in.
TO the country like other emiyrants, to be
entitled on their arrival to all the RIGHTS
and privileges OF freemeu. In either of
the two first named contingencies, the oh.
Ject would be SO clearly and mauitesrlv
against the laws of the United States 49,
to leave no room for doubt or hesitation
L deem 1t proper, however, TO call your
attention to the provisions of those Ia ws,
as they Indicate very clearly the general
policy OF the Government Oh the subject
OF African importation.
By reference to the acts Of 1894 and
and 1900 against the slave trade gene
rally, 1t will be seen that their operation
was confined 10 SidUeS 60 ROmine. The
nrst section of the act Of 1894 provides,
"lh"t 10 citizen or citizens Of the United
''"t'S' OF 'oreISner, or any other person
coming INTO or residing within the same,
shall, for himself or any other person
whatsoever, either as master, factor or
owner, build, fit, equip, load or otherwise
prepare any ship or vessel, within any
port or place Of the said Uni,el States.
nor shall cause any ship or vessel to sail
from any port or place within the same,
Tor the purpose Of carrying on any trade
or Tafllc an SldGeS to any foreign country;
or tor the purpose Of procuring, from any
foreign kingdom, place or country, the
inhabitants of such kingdom, place or
country. TO be transported to any foreign
country, port, or place whatever, to be
sold or disposed Of, as SiaVeS and if any
snip or vessel shall lie SO fitted out, ns a
hresaid, Tor the said purposes, or snail be
caused to sail, so "a aforesaid, every such
snip or vessel, her tackle, furniture, apSa.
iel ana other aPpurenances, shall be tor-
lelted 10 The United States and shall he
liable to be seized, prosecuted and con
demned in any of the Circuit Courts, or
District Court for the District where the
sad snip or vessel may be found and
seized"
Ihe language Of the act of 1900 is
the same IN this respect. Bolh con,em
pate III general terms, the prevention OF
the trade an slaUeS. When, however, in
1907, and subsequent there'o Congress
undertook to prevent the importation oi
slaves into the United States. The Ian
guage OF the law WAS made more strin.
gent and comprehensive. The first sec
uon OF the ac. OF 1907 provides. "That
rom and after the first day of January.
one thousand eight hundred and eight,
II Shall not be lawful to import or brinp
nto the United States or tie Territories
'hero'' from any foreign Kingdom, place
or country, any negro, mulatto. or person
OF c"lor,as slave, or TO be held TO seyy;ce
or labor.
This law seeks not only 10 prevent the
introduction into the United States of
sea'es from Africa, but any negro, mulat.
10 or person Of color, whether introduced
as slaves, or to be held to servic9 or IpJor
Whether or not the wisdom Of our fathers
ioresaw at that early day that effort4
would be made, nnde! pretended ap
prentice system, to renew the slave t,ade
under another name, cannot undertake
10 say; but the language of the law
which they have left to us on the statn,e
oook, leaves no doubt OF the fact that
they intended to provide, in the most un.
equiVocai manner, against the increase
OF That class Of population by imniora
ton from Africa. No one could then
have contemplated an object fer which
Africa emigrants would be brought 10
'nis country, which is not clearly guar.
d1d against and forbidden by the law to
"heh am now referring 1t is ONLY nee
essary TO add that SUBSEQUENT acts on
,ri ame SUBJECT contain the same anguaee.-
0" w the SUBJECT Is strengthened
oy reference TO The provisions Of the act
OF 2Sth February, 1903 (2.2o5).
Congress, by this act, undertook 10 co
operate with those States which, by State
legislation had interposed to prevent ths
importation of negros into this country
At that time the constitutional prohibi
uon to which have before referred, res
trained Congress from the exercise of the
absolute power Of prohibiting such i'm
portation. The States, however, being
under no such restraint, had in several
instances adopted measure, of their own:
"nd me act OF 1903 shows the prompt:
ness OF The General Government in exer
eislng whatever power it possessed in
fntherance of the object The language
q this act is important in another view ..