Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-06-04
Letter o, African Emigration.
TREASURY DEPARTMENT, May %

r, latte & Co., merchants, of Charleston, S. c. to
clear the American ship Richard Cobden W. f. Black,
master burthen $50 3l95 tons for the coast of Africa
for the purpose of taking board African emgrants,
in accordance with the T. passenger laws, and return
ing with the same to port in the United States"
You ask the opinion of the Department upon the pro-
priety of your granting or refusing the application
The question is an important one, and have delayed
to your letter until could give the subject
proper examination.
The form in which this application is presented, in
wolves the question in embarrassment. The object
of the applicants must be either to import Africans to
be disposed of slaves to be bound to labor
vice, else to bring them into the country like other
emgants to be entitled their arrival to all the rights
and privileges of freemen In either of the two first
named contingencies the object would be clearly and
manestly against the laws of the United States to
leave for doubt or hesitation deem it proper
however to call your attention to the provisions of
the laws as they indicate very clearly the general policy
of the government the sub of African importation
Prior to the ist January 1808 the time fixed by the
Constitution when Congress would be authorized pro-
hbit such importation, the acts of I'd March, 1894
Il BAH and 10th MAY, 1900 (2,7O) were passed
These laws indicate the strong opposition felt at that
time to the African slave trade The subsequent act of
I'd March, 1907 (2.426,) and goth April, 1918 (3A5O1
as we'll as the acts of Sd March, 1919 (3532) and 18th
May, 1920 (3600) show not only the promptness with
which the power was exercised by congress OF prohibit
ing this trade to the United States but they also bear
evidence of the stern purpose of enforcing their provs
ions by severe penalties and large expenditures The
legislation of the savehoding States prior to 1903,
hibs the fact that the first steps taken for its suppress
sion were inaugurated by them.
There is subject upon which the statute books OF
our country afford more conclusive evidence than the
general opposition everywhere felt to the continuance of
the African slave trade.
Bv reference to the acts of 1894 and 1900 against
the slave trade generally it will be seen that their ope
ration was confined to SldUeS 60 1lO1ne. The first
ton of the act of 1894 provides That citizen or
citizens of the United States or foreigner or any other
person coming into residing within the same, SHALL
for himself any other person whatsoever, either
master factor owner build t equip, load or other
wise prepare any ship vessel within anyport or place
of the said United States, shall any ship
vessel to sail from any port or place within the same
for the purpose OF carrying on any trade or traffic
Sares to any ore country or for the purpose of pro-
curing from any foreign kingdom, place country, the
inhabitants of such kingdom place Or country to be
transported to any foreign country port, or place what
ever, to be sold disposed Of SLAVES and if any
ship or vessel shall be fitted out aforesaid for the
said purposes shall be caused to SAIL so as aforesaid
every such ship vessel her tackle, furniture apparel
and other appurtenances shall be forfeited to the United
States and shall be liable to be SEIZED prosecuted and
condemned in any Of the Circuit Courts, or District
Court for the District where the said ship vessel may
be found and seized"
The language of the act of 1900 is the same in this
respect Both contemplate, in general terms, the pre-
!
and subsequent thereto Congress undertook to prevent
the importation of slaves into the United States the
language of the law made stringent and
pehensvc The first section of the act of 1907 provides
That from and after the first day of January. one
thousand eight hundred and eight it shall not be lawful
to import bring into the United States the Terri
tories thereof from any ore gn kingdom, place
try, any negro mulato or person of color with intent
to hold sell dispose of such negro muatO person
of color, slave, to be held to service labor
lows 0nv tO thn MIR
into the United States of Slaves from Africa but any
negro mulatto person of color whether introduced
slaves to be held to labor Whether not
the wisdom Of our fathers foresaw at that early day that
efforts would be made, under pretended apprentice
SYSTEM to renew the slave trade under another name
cannot undertake to say but the language of the law
which they have left the statute book, leaves
doubt of the fact that they intended to provide the
most unequvocal manner, against the increase of that
class of population by immigration from Africa. No
cOnld then have contemplated object for which
African emigrans would be brought to this country
which is not clearly guarded against and forbidden by
the law to which | referring 1t is only neces
sary add that subsequent acts on the subject contain
the language This view of the bect is strength
ened by reference to the provisions of the act of 28th
February, 1903 2,205). The first section of that act
is as follows: That from and after the first day o.
April next master captain of any ship or vessel
any other person, shall import bring cause tC
be imported brought, any negro, muattO, othel
person of color, not being native citizen registered
seaman of the United States, seamen natives of coun
tries beyond the Cape of Good Hope into any port OF
place of the United States, which port place shall bt
situated in any State which by law has prohibited
shall prohibit the admission or importation of such ne
gro muato, other person of color and if any cap
tain master aforesaid any other person. shall i'm
port bring cause to be imported or brought into
any of the ports places aforesaid any of the persons
whose admission importation is prohibited as afore
said he shall forfeit and pay the sum of one Thousand
dollars for each muattO other
of color aforesaid brought imported as aforesaid t.
be sued for and recovered by action of debt any
of the United States-onehaf thereof to the use of thu
United States the other half to any person OF persons
prosecuting for the penalty and any action instituted
for the recovery of the penalty aforesaid the person
persons sued may be held to special ball. Provided al
aa, That nothing in this act shall be construed to pro
hibit the admission Of Indians"
1t will be seen that Congress- by this act undertook
to cooperate with those States which, by State egsa
ton, had nerposed to prevent the importation of ne
groes into this country At that time the constitutions
prohibition to which have before referred restrane
Congress from the exercise of the absolute power
prohibiting such importation. The States, however
being under no such restraint had in several instance
adopted measures of their own and the act of l8O
shows the promptness of the General Government in ex
ercsng whatever power it possessed in furtherance
the object. The language of this act is important il
another view. 1t will be observed that its object is t.
prevent the importation into the United States of
negro mulatto other person of color not being ma
tive citizen or registered seaman of the United States
seamen natives Of countries beyond the Cape of Goo
Hope. 1t is not confined slaves or negroes boun
to labor but contempaes the exclusion in the brOades
terms of all such persons, without regard to the chal
acter in which they may be brought 1t excludes fire
persons as well as slaves and persons bound to labor
service. The only limitation in the act is that it
confined to such persons prevented by the laws
any OF the States from being imported into such States
AT that time there existed laws of some of the States