CAPTAIN NATHANIEL GORDON, AMERICAN “BLACKBIRDER”
It wasn’t all a fraud between the founding of our nation and the civil war, as we actually did execute one ship’s captain for engaging in the international slave trade! The particular voyage which would prove fatal to Captain Nathaniel Gordon of Maine would be undertaken in 1860, but our story must begin far earlier, in 1787 when in order to secure the assent of the southern colonies, our new national constitution protected the international slave trade at least until the Year of Our Lord 1808, and continues in 1808 when the federal legislature became enabled to make engaging in the international slave trade on the high seas to be (allegedly) a capital crime equivalent to piracy.
It is commonly presumed that our national search for a “humane” way of killing people (by way of comparison, the French search for a more humane way had begun with the apparatus designed by Dr. Guillotine during the French Revolution) began with the introduction of the electric chair in 1888 and the gas chamber in 1924, but actually, our national search for a way to avoid causing pain began with this case in which we were obliged to execute a Maine capitalist of fine family and upright standing because all legal remedies for sparing this citizen had been exhausted. This ship Captain, who was such a special citizen, was to be hanged by the use of a special experimental gallows contraption that, instead of a hanging platform, and dropping the victim through a trap door as usual, was at ground level and designed to guarantee snapping of the neck by yanking the victim suddenly up into the air. The intent was to avoid causing pain to the Captain by ensuring that he could experience no period of hanging kicking and slowly strangling (as did happen all too often for ordinary culprits we had considered unworthy of such special consideration). HDT WHAT? INDEX
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1787
September 17, Monday: Letter of the President of the Federal Convention to the President of Congress, Transmitting the Constitution. READ THE FULL TEXT
Resolution of the Federal Convention Submitting the Constitution to Congress. READ THE FULL TEXT
The framers of the US Constitution, considering including an exemption from military service for conscientious objectors in the 2nd Amendment, struck the clause simply because there was obviously no need for any standing army. To ensure the document’s acceptability to the southern colonies whose economies were based upon slave labor, it contained a stipulation that, regardless of whatever, the international slave trade was for the time being protected from any hostility that might arise in the new federal legislature, which would remain powerless to vote to terminate the international slave trade at any point prior to the Year of Our Lord 1808. Although in 1781, the Articles of Confederation had acknowledged “the Great Governor of the World,” this new document had made no mention of God. When Alexander Hamilton would be asked, why not, he would quip “We forgot.” The proposed US Constitution, in a final draft by Gouverneur Morris, was signed by 39 delegates from 12 states and forwarded to the federal Congress in New-York to be “attested” and sent out to the various states for ratification — whereupon this Constitutional Convention in Philadelphia concluded its business. He is not a leader, but a follower. His leaders are the men of ’87. DANIEL WEBSTER
PREAMBLE We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE ONE SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
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Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by law Direct. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
SECTION 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the expiration of the second Year, of the second Class at the expiration of the fourth Year, and of the third Class at the expiration of the sixth Year, so that one third may be chosen every second Year; and if vacancies happen by Resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next meeting of the Legislature, which shall then fill such Vacancies. No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice- President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
SECTION 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by law appoint a different Day.
SECTION 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each house may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
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Each house shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
SECTION 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
SECTION 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that house shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
SECTION 8. The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and Post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court;
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To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dockyards, and other needful Buildings; — And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
SECTION 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States; and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
SECTION 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
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No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
ARTICLE TWO SECTION 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not lie an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a Quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
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SECTION 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next session.
SECTION 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
SECTION 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
ARTICLE THREE SECTION 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
SECTION 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
SECTION 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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ARTICLE FOUR SECTION 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
SECTION 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No person held to Service or Labor in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labor, But shall be delivered up on Claim of the Party to whom such Service or Labor may be due.
SECTION 3. New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
ARTICLE FIVE The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year one thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it’s equal Suffrage in the Senate.
ARTICLE SIX All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States
ARTICLE SEVEN The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
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Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and eighty seven and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,
Go. WASHINGTON — Presid. and deputy from Virginia [George Washington] New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut Wm. Saml. Johnson Roger Sherman New York Alexander Hamilton New Jersey Wil: Livingston David Brearley Wm. Paterson Jona: [Jonathan] Dayton Pennsylvania B Franklin Thomas Mifflin Robt Morris Geo. Clymer Thos FitzSimons Jared Ingersoll James Wilson Gouv[ernor] Morris Delaware Geo: Read Gunning Bedford jun John Dickinson Richard Bassett Jaco: [Jacob] Broom Maryland James Mchenry Dan of St Thos. Jenifer [Daniel of Saint Thomas Jenifer] DR. MCHENRY’S NOTES Danl Carroll Virginia John Blair — James Madison Jr.
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North Carolina Wm. Blount Rich’d Dobbs Spaight Hu Williamson South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abr[aham] Baldwin
Attest: William Jackson, Secretary1
1794
March 24, Monday: U.S. citizens were forbidden by act of Congress to participate in the international slave trade when the destination of the vessel was a foreign country.
1. The Constitutional Convention consisted of 65 members, of whom 10 didn’t even show up for the Convention and then 16 more refused to sign the document produced by the convention. Rhode Island didn’t send a delegate. Of the 16 refuseniks, 6 would state their reasons for so refusing: Robert Yates and John Lansing of New York, Edmund Randolph and George Mason of Virginia, Luther Martin of Maryland, and Elbridge Gerry of Massachusetts. 10 Copyright Austin Meredith HDT WHAT? INDEX
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1807
Some of those involved in England in the anti-slave trade campaign, such as Thomas Fowell Buxton, were arguing that the only way to end the suffering of the slaves was to make slavery itself unlawful. William Wilberforce, in A LETTER ON THE ABOLITION OF THE SLAVE TRADE, disagreed, arguing that in his judgment the black slaves had not yet been adequately prepared for freedom: “It would be wrong to emancipate [the slaves]. To grant freedom to them immediately, would be to insure not only their masters’ ruin, but their own. They must [first] be trained and educated for freedom.”
When at the end of this year the legal US import of black slaves from overseas abruptly terminated, and the import allegedly ceased, with those citizens who continued to do so becoming allegedly hangable under the maritime code as “pirates,” the interesting fact is that every state of our union, including the slaveholding ones, had already banned further foreign imports of slaves, and in fact had done so before the turn of the century! South Carolina alone had repealed its ban of slave imports, in 1803; thus it was only the state of South Carolina that was in any way affected by this new federal law. The sorry fact of the matter is that this wasn’t due to considerations of humanity: at an early point it had become in the general interest of American slavemasters to ban further international trade in slaves — as such a ban had the effect of rendering the existing human property of these American slavemasters yet more valuable on the local auction blocks. Only South Carolina had been running against this trend, a trend which nowhere had anything at all to do with human rights and which nowhere had anything at all to do with human decency. THE MIDDLE PASSAGE
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1808
January 1, Friday: “Mounseer Nongtonpow,” a poem expanding upon a Charles Didbin song, published by the publishing firm of William Godwin (M.J. Godwin) and illustrated by a Godwin protégé William Mulready, that some once supposed to have been authored by that publisher’s child Mary Godwin Wollstonecraft.
Herman Willem Daendels, appointed as governor by the French-controlled Dutch government, arrived in the Dutch East Indies.
The Code Napoléon went into effect in Spain and Holland.
Princess Elisa of Lucca reduced her court orchestra to a string quartet which included Nicolò Paganini and his brother.
Sierra Leone was made a British Crown Colony.
As of this day it supposedly became impossible legally, sort of, to import any more slaves into the United States
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of America.2 (Please note: in this assertion, the words “impossible” and “legally” entirely alter each other’s implications.)
Although importation of slaves into the United States was banned by this act which Congress –becoming for 2. You will notice the manner in which Section 9 of the US Constitution is persistently misrepresented in our history textbooks. Where Section 9 explicitly prohibits the new federal Congress from restricting the international slave trade before 1808, saying that “The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ...,” our popular historians gloss this in our high schools as a victory for human liberty. This was instead a sop that had been thrown to the American enslavers. It categorically prevented the new federal government from interfering with their resupply of slaves prior to 1808 no matter how many votes there came to be, by decent and honorable Representatives, to duly restrict such an insidious traffic. Our popular historians present this concession to slavery, falsely, as if it were a 1787 declaration that as of 1808 the international trade in slaves was constitutionally declared to be outlawed. A built-in protection for slavery has been portrayed falsely in scholarly loose talk as an assault upon it. Yes, the federal congress did indeed in 1807 enact legislation making engaging in the international slave trade be a capital offense. However, we must take into account the fact that 1.) many slaveholders voted in favor of this new legislative approach, the fundamental economic motivation for this being that this legislation interfered with the international trade by others to the advantage of the national trade by themselves. This increased the value of the new crops of human property which they were themselves raising on their plantations, for sale within the nation. We must also take into account the fact that 2.) although the new legislation defined the offense as piracy, a capital offense calling for hanging, it also created a series of five loopholes through which almost anyone captured in the trade might expect always to escape unscathed. In other words, the hanging part of it was a straightforward sham. In fact between 1807 and 1861 not a single culprit “pirate” would get hanged! In 1862 one such bold “pirate” would be hanged — exactly one such criminal in the entire history of this legislation — but if you examine this one case, you will see that what he would be hanged for in 1862 was the crime of pride, in that he had neglected to make available to himself any one of these five built-in loopholes. “Stack of the Artist of Kouroo” Project 13 HDT WHAT? INDEX
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the first time enabled to overcome the constitutional restriction– had passed in 1807, making slave import into a capital crime, some 250,000 additional enslaved persons would be illegally imported between this year and 1860. Although nowadays we congratulate ourselves by paying extraordinary attention to the “success stories,” the sad fact is that the combined total of escapes (vanishingly few, mostly of unattached young males of the border states) and manumissions (vanishingly few) would come nowhere close to making a dent in such a rate of continuing “recruitment.”
“There has never been a document of culture, which is not simultaneously one of barbarism.” — Walter Benjamin’s THESES ON THE PHILOSOPHY OF HISTORY (1955)
»Es ist niemals ein Dokument der Kultur, ohne zugleich ein solches der Barbarei zu sein.« — THESEN ÜBER DEN BEGRIFF DER GESCHICHTE (1940)
Although this international slave trade had been made a capital crime, nobody would hang for such a crime for a long, long time. There were too many too carefully built-in escape clauses. In fact, only one unfortunate would ever be hanged, and the hood would not be pulled over the head of this slave importer until the Year of Our Lord 1862! THE MIDDLE PASSAGE
During this year the Reverend Absalom Jones would be proposing, to his African Episcopal congregation in Philadelphia, that all Americans should celebrate an annual holiday of Thanksgiving. This former slave would propose January 1st as the annual date of this Thanksgiving, it being the date on which the further importation of slaves into the US had at least ostensibly been made a federal capital crime. (Execute that turkey!)
Friend Stephen Wanton Gould wrote in his journal about electricity: 6th day 1st of 1st M 1808 / The year commences but poorly as to the inward condition of my mind. if there was but a living up to the light afforded, there would not be those secret condemnations which I allmost continually feel — This evening curiosity lead me to an house, to try the curious effect of electricity. I received Several Shocks for the first time in my life - Set a little while with my H the latter part of the
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evening -3 RELIGIOUS SOCIETY OF FRIENDS
1811
The British Parliament made engaging in the international slave trade a felony punishable by transportation (exile to a penal colony) for all subjects, or foreigners caught trading in British possessions. Sugar prices would fall sharply through this year. Britain would assume most of the responsibility for interdicting the transatlantic slave trade, partly in order to protect its sugar colonies. The British navy’s attempts at interdiction of the international traffic in such a valuable commodity as human slaves would, unfortunately, prove to be as utterly ineffective as has been our national “War on Drugs.” Spain’s revolutionary Cortes debated abolition and received Cuban objections. Java was captured by the British and the slave trade to that island was ended. SLAVERY
[Notice the passage of time here. The US had made engaging in the international slave trade a capital crime equivalent to piracy on the high seas, beginning in 1808. US citizens were constantly engaging in the international slave trade on the high seas, and they were constantly being taken under arrest for this criminal conduct, and brought into port. However, year after year after year, decade after decade after decade, despite this being at least nominally a capital crime equivalent to piracy — exactly zero white men were getting hanged by the neck until they were dead.]
3. Stephen Wanton Gould Diary, 1807-1812: The Gould family papers are stored under control number 2033 at the Division of Rare and Manuscript Collections of Cornell University Library, Box 6 Folder 9 for July 24, 1807-April 30, 1809; also on microfilm, see Series 7 “Stack of the Artist of Kouroo” Project 15 HDT WHAT? INDEX
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1826
February 6, Monday: Documentation of the international slave trade, per W.E. Burghardt Du Bois: “Appropriation — Slave Trade: Report of the Committee of Ways and Means on the subject of the estimate of appropriations for the service of the year 1826.” –HOUSE REPORTS, 19 Cong. 1 sess. I. No. 65. (Contains report of the Secretary of the Navy and account of expenditures for the African station.)
Nathaniel Gordon was born, almost certainly in Portland, Maine (although, as part of the effort to save him from being hanged as an American slavetrader, his attorney would try to make out that he had been born in England and was not, therefore, subject to US law). He was a descendant of white people who had arrived at Plymouth aboard the Fortune in 1621.
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4 The negrero Wanderer landed 500 slaves in Georgia (SENATE EXECUTIVE DOCUMENT, 35th Congress, 2d session VII, Number 8; HOUSE EXECUTIVE DOCUMENT, 35th Congress, 2d session IX, Number 89). INTERNATIONAL SLAVE TRADE
British warships in the Caribbean began to intercept and board vessels that flew the American flag — not to search for illicit slave cargo, of course, but merely to ensure that such a ship’s American papers were legit. If the papers were to seem to have been forged (as they sometimes were), and if the ship happened to contain an illicit cargo of slaves (as sometimes it did), then they would be able to declare the ship an outlaw and proceed accordingly. If such a ship’s American papers seemed genuine, however, the British warships were under orders that they could not proceed belowdecks for an inspection of the cargo, no matter how bad said cargo 4. This negrero had been designed to appear to be a luxury cruise ship. It had carpeting, a library, etc. It had sailed out of the harbor of Charleston, South Carolina on the 4th of July, in that disguise, fooling of course only the foolish. On its way toward the slave castles along the coast of Africa it did attract the attention of the British naval blockaders of that coast, and was boarded and searched. Then it rolled up its carpets, stored the books of its library, and reconfigured itself into a slaver in which even less than the usual amount of space was allocated to each slave being transported. There’s now an entire book about this one remarkable vessel, Erik Calonius’s THE WANDERER: THE LAST AMERICAN SLAVE SHIP AND THE CONSPIRACY THAT SET ITS SAILS, published by St. Martin’s Press in 2006. “Stack of the Artist of Kouroo” Project 17 HDT WHAT? INDEX
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smelled, and this legitimate American vessel must be allowed to go on its way. Although such a policy seems mild enough considering the ongoing international traffic in fresh slaves, there were Americans who considered it an outrage. “No-one has any right to stop any American vessel at any time for any reason!”
The American negreros Mobile, Cortez, Tropic Bird were searched by patrol vessels of the British navy (HOUSE EXECUTIVE DOCUMENT, 36th Congress, 2d session IV, Number 7, page 97 ff).
The supposedly anti-slavery Republicans in the US Senate joined with the pro-slavery forces to pass a resolution denouncing this new British policy, and the British backed way down, promising in effect not to stop any ship flying the American flag. Since the warships couldn’t check the papers of a vessel that they weren’t allowed to stop, and since any slaver could display the US flag — the British effectively would not be able to stop slave ships at all. This was fine with us, as we were for the freedom of the seas. For us, the principle of sovereignty was just everything, the needs of people of color just nothing at all. (The federal government of the United States of America, the land of the free and the home of the brave, was of course the sole significant government in the world to display such intransigence in the face of the scourge of slavery.) THE MIDDLE PASSAGE
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JUST DON’T GET CAUGHT
“It is simply crazy that there should ever have come into being a world with such a sin in it, in which a man is set apart because of his color — the superficial fact about a human being. Who could want such a world? For an American fighting for his love of country, that the last hope of earth should from its beginning have swallowed slavery, is an irony so withering, a justice so intimate in its rebuke of pride, as to measure only with God.” — Stanley Cavell, MUST WE MEAN WHAT WE SAY? 1976, page 141
W.E. Burghardt Du Bois: A somewhat more sincere and determined effort to enforce the slave-trade laws now followed; and yet it is a significant fact that not until Lincoln’s administration did a slave-trader suffer death for violating the laws of the United States. The participation of Americans in the trade continued, declining somewhat between 1825 and 1830, and then reviving, until it reached its highest activity between 1840 and 1860. The development of a vast internal slave-trade, and the consequent rise in the South of vested interests strongly opposed to slave smuggling, led to a falling off in the illicit “Stack of the Artist of Kouroo” Project 19 HDT WHAT? INDEX
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introduction of Negroes after 1825, until the fifties; nevertheless, smuggling never entirely ceased, and large numbers were thus added to the plantations of the Gulf States. Monroe had various constitutional scruples as to the execution of the Act of 1819;5 but, as Congress took no action, he at last put a fair interpretation on his powers, and appointed Samuel Bacon as an agent in Africa to form a settlement for recaptured Africans. Gradually the agency thus formed became merged with that of the Colonization Society on Cape Mesurado; and from this union Liberia was finally evolved.6 Meantime, during the years 1818 to 1820, the activity of the slave-traders was prodigious. General James Tallmadge declared in the House, February 15, 1819: “Our laws are already highly penal against their introduction, and yet, it is a well known fact, that about fourteen thousand slaves have been brought into our country this last year.”7 In the same year Middleton of South Carolina and Wright of Virginia estimated illicit introduction at 13,000 and 15,000 respectively.8 Judge Story, in charging a jury, took occasion to say: “We have but too many proofs from unquestionable sources, that it [the slave-trade] is still carried on with all the implacable rapacity of former times. Avarice has grown more subtle in its evasions, and watches and seizes its prey with an appetite quickened rather than suppressed by its guilty vigils. American citizens are steeped to their very mouths (I can hardly use too bold a figure) in this stream of iniquity.”9 The following year, 1820, brought some significant statements from various members of Congress. Said Smith of South Carolina: “Pharaoh was, for his temerity, drowned in the Red Sea, in pursuing them [the Israelites] contrary to God’s express will; but our Northern friends have not been afraid even of that, in their zeal to furnish the Southern States with Africans. They are better seamen than Pharaoh, and calculate by that means to elude the vigilance of Heaven; which they seem to disregard, if they can but elude the violated laws of their country.”10 As late as May he saw little hope of suppressing the traffic.11 Sergeant of Pennsylvania declared: “It is notorious that, in spite of the utmost vigilance that can be employed, African negroes are clandestinely brought in and sold as slaves.”12 Plumer of New Hampshire stated that “of the unhappy beings, thus in violation of all laws transported to our shores, and thrown by force into the mass of our black population, scarcely one in a hundred is ever detected by the officers of the General Government, in a part of the country, where, if we are to believe the statement of Governor Rabun, ‘an officer who would perform his duty, by attempting to enforce the law [against the slave trade] is, by 5. Attorney-General Wirt advised him, October, 1819, that no part of the appropriation could be used to purchase land in Africa or tools for the Negroes, or as salary for the agent: OPINIONS OF ATTORNEYS-GENERAL, I. 314-7. Monroe laid the case before Congress in a special message Dec. 20, 1819 (HOUSE JOURNAL, 16th Congress 1st session, page 57); but no action was taken there. 6. Cf. Kendall’s Report, August, 1830: SENATE DOCUMENT, 21st Congress 2d session, I. No. 1, pages 211-8; also see below, Chapter X. 7. Speech in the House of Representatives, Feb. 15, 1819, page 18; published in Boston, 1849. 8. Jay, INQUIRY INTO AMERICAN COLONIZATION (1838), page 59, note. 9. Quoted in Friends’ FACTS AND OBSERVATIONS ON THE SLAVE TRADE (ed. 1841), pages 7-8. 10. ANNALS OF CONGRESS, 16th Congress 1st session, pages 270-1. 11. ANNALS OF CONGRESS, 16th Congress 1st session, page 698. 12. ANNALS OF CONGRESS, 16th Congress 1st session, page 1207. 20 Copyright Austin Meredith HDT WHAT? INDEX
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many, considered as an officious meddler, and treated with derision and contempt;’ ... I have been told by a gentleman, who has attended particularly to this subject, that ten thousand slaves were in one year smuggled into the United States; and that, even for the last year, we must count the number not by hundreds, but by thousands.”13 In 1821 a committee of Congress characterized prevailing methods as those “of the grossest fraud that could be practised to deceive the officers of government.”14 Another committee, in 1822, after a careful examination of the subject, declare that they “find it impossible to measure with precision the effect produced upon the American branch of the slave trade by the laws above mentioned, and the seizures under them. They are unable to state, whether those American merchants, the American capital and seamen which heretofore aided in this traffic, have abandoned it altogether, or have sought shelter under the flags of other nations.” They then state the suspicious circumstance that, with the disappearance of the American flag from the traffic, “the trade, notwithstanding, increases annually, under the flags of other nations.” They complain of the spasmodic efforts of the executive. They say that the first United States cruiser arrived on the African coast in March, 1820, and remained a “few weeks;” that since then four others had in two years made five visits in all; but “since the middle of last November, the commencement of the healthy season on that coast, no vessel has been, nor, as your committee is informed, is, under orders for that service.”15 The United States African agent, Ayres, reported in 1823: “I was informed by an American officer who had been on the coast in 1820, that he had boarded 20 American vessels in one morning, lying in the port of Gallinas, and fitted for the reception of slaves. It is a lamentable fact, that most of the harbours, between the Senegal and the line, were visited by an equal number of American vessels, and for the sole purpose of carrying away slaves. Although for some years the coast had been occasionally visited by our cruizers, their short stay and seldom appearance had made but slight impression on those traders, rendered hardy by repetition of crime, and avaricious by excessive gain. They were enabled by a regular system to gain intelligence of any cruizer being on the coast.”16 Even such spasmodic efforts bore abundant fruit, and indicated what vigorous measures might have accomplished. Between May, 1818, and November, 1821, nearly six hundred Africans were recaptured and eleven American slavers taken.17 Such measures gradually changed the character of the trade, and opened the international phase of the question. American slavers cleared for foreign ports, there took a foreign flag and papers, and 13. ANNALS OF CONGRESS, 16th Congress 1st session, page 1433. 14. Referring particularly to the case of the slaver “Plattsburg.” Cf. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, page 10. 15. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, page 2. The President had in his message spoken in exhilarating tones of the success of the government in suppressing the trade. The House Committee appointed in pursuance of this passage made the above report. Their conclusions are confirmed by British reports: PARLIAMENTARY PAPERS, 1822, Vol. XXII., SLAVE TRADE, Further Papers, III. page 44. So, too, in 1823, Ashmun, the African agent, reports that thousands of slaves are being abducted. 16. Ayres to the Secretary of the Navy, Feb. 24, 1823; reprinted in FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 31. 17. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, pages 5-6. The slavers were the “Ramirez,” “Endymion,” “Esperanza,” “Plattsburg,” “Science,” “Alexander,” “Eugene,” “Mathilde,” “Daphne,” “Eliza,” and “La Pensée.” In these 573 Africans were taken. The naval officers were greatly handicapped by the size of the ships, etc. (cf. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), pages 33-41). They nevertheless acted with great zeal. “Stack of the Artist of Kouroo” Project 21 HDT WHAT? INDEX
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then sailed boldly past American cruisers, although their real character was often well known. More stringent clearance laws and consular instructions might have greatly reduced this practice; but nothing was ever done, and gradually the laws became in large measure powerless to deal with the bulk of the illicit trade. In 1820, September 16, a British officer, in his official report, declares that, in spite of United States laws, “American vessels, American subjects, and American capital, are unquestionably engaged in the trade, though under other colours and in disguise.”18 The United States ship “Cyane” at one time reported ten captures within a few days, adding: “Although they are evidently owned by Americans, they are so completely covered by Spanish papers that it is impossible to condemn them.”19 The governor of Sierra Leone reported the rivers Nunez and Pongas full of renegade European and American slave-traders;20 the trade was said to be carried on “to an extent that almost staggers belief.”21 Down to 1824 or 1825, reports from all quarters prove this activity in slave-trading. The execution of the laws within the country exhibits grave defects and even criminal negligence. Attorney-General Wirt finds it necessary to assure collectors, in 1819, that “it is against public policy to dispense with prosecutions for violation of the law to prohibit the Slave trade.”22 One district attorney writes: “It appears to be almost impossible to enforce the laws of the United States against offenders after the negroes have been landed in the state.”23 Again, it is asserted that “when vessels engaged in the slave trade have been detained by the American cruizers, and sent into the slave-holding states, there appears at once a difficulty in securing the freedom to these captives which the laws of the United States have decreed for them.”24 In some cases, one man would smuggle in the Africans and hide them in the woods; then his partner would “rob” him, and so all trace be lost.25 Perhaps 350 Africans were officially reported as brought in contrary to law from 1818 to 1820: the absurdity of this figure is apparent.26 A circular letter to the marshals, in 1821, brought reports of only a few well-known cases, like that of the “General Ramirez;” the marshal of Louisiana had “no information.”27 There appears to be little positive evidence of a large illicit importation into the country for a decade after 1825. It is hardly possible, however, considering the activity in the trade, that slaves were not largely imported. Indeed, when we note how the laws were continually broken in other respects, absence of evidence of petty smuggling becomes presumptive evidence that collusive or tacit understanding of officers and citizens 18. PARLIAMENTARY PAPERS, 1821, Vol. XXIII., SLAVE TRADE, Further Papers, A, page 76. The names and description of a dozen or more American slavers are given: PARLIAMENTARY PAPERS, 1821, Vol. XXIII., SLAVE TRADE, Further Papers, A, pages 18-21. 19. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, pages 15-20. 20. HOUSE DOCUMENT, 18th Congress 1st session, VI. No. 119, page 13. 21. PARLIAMENTARY PAPERS, 1823, Vol. XVIII., SLAVE TRADE, Further Papers, A, pages 10-11. 22. OPINIONS OF ATTORNEYS-GENERAL, V. 717. 23. R.W. Habersham to the Secretary of the Navy, August, 1821; reprinted in FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 47. 24. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 42. 25. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 43. 26. Cf. above, pages 126-7. 27. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 42. 22 Copyright Austin Meredith HDT WHAT? INDEX
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allowed the trade to some extent.28 Finally, it must be noted that during all this time scarcely a man suffered for participating in the trade, beyond the loss of the Africans and, more rarely, of his ship. Red-handed slavers, caught in the act and convicted, were too often, like La Coste of South Carolina, the subjects of executive clemency.29 In certain cases there were those who even had the effrontery to ask Congress to cancel their own laws. For instance, in 1819 a Venezuelan privateer, secretly fitted out and manned by Americans in Baltimore, succeeded in capturing several American, Portuguese, and Spanish slavers, and appropriating the slaves; being finally wrecked herself, she transferred her crew and slaves to one of her prizes, the “Antelope,” which was eventually captured by a United States cruiser and the 280 Africans sent to Georgia. After much litigation, the United States Supreme Court ordered those captured from Spaniards to be surrendered, and the others to be returned to Africa. By some mysterious process, only 139 Africans now remained, 100 of whom were sent to Africa. The Spanish claimants of the remaining thirty-nine sold them to a certain Mr. Wilde, who gave bond to transport them out of the country. Finally, in December, 1827, there came an innocent petition to Congress to cancel this bond.30 A bill to that effect passed and was approved, May 2, 1828,31 and in consequence these Africans remained as slaves in Georgia. On the whole, it is plain that, although in the period from 1807 to 1820 Congress laid down broad lines of legislation sufficient, save in some details, to suppress the African slave trade to America, yet the execution of these laws was criminally lax. Moreover, by the facility with which slavers could disguise 28. A few accounts of captures here and there would make the matter less suspicious; these, however, do not occur. How large this suspected illicit traffic was, it is of course impossible to say; there is no reason why it may not have reached many hundreds per year. 29. Cf. editorial in Niles’s Register, XXII. 114. Cf. also the following instances of pardons: — PRESIDENT JEFFERSON: March 1, 1808, Phillip M. Topham, convicted for “carrying on an illegal slave-trade” (pardoned twice). PARDONS AND REMISSIONS, I. 146, 148-9. PRESIDENT MADISON: July 29, 1809, fifteen vessels arrived at New Orleans from Cuba, with 666 white persons and 683 negroes. Every penalty incurred under the Act of 1807 was remitted. (Note: “Several other pardons of this nature were granted.”) PARDONS AND REMISSIONS, I. 179. Nov. 8, 1809, John Hopkins and Lewis Le Roy, convicted for importing a slave. PARDONS AND REMISSIONS, I. 184-5. Feb. 12, 1810, William Sewall, convicted for importing slaves. PARDONS AND REMISSIONS, I. 194, 235, 240. May 5, 1812, William Babbit, convicted for importing slaves. PARDONS AND REMISSIONS, I. 248. PRESIDENT MONROE: June 11, 1822, Thomas Shields, convicted for bringing slaves into New Orleans. PARDONS AND REMISSIONS, IV. 15. Aug. 24, 1822, J.F. Smith, sentenced to five years’ imprisonment and $3000 fine; served twenty-five months and was then pardoned. PARDONS AND REMISSIONS, IV. 22. July 23, 1823, certain parties liable to penalties for introducing slaves into Alabama. PARDONS AND REMISSIONS, IV. 63. Aug. 15, 1823, owners of schooner “Mary,” convicted of importing slaves. PARDONS AND REMISSIONS, IV. 66. PRESIDENT J.Q. ADAMS: March 4, 1826, Robert Perry; his ship was forfeited for slave-trading. PARDONS AND REMISSIONS, IV. 140. Jan. 17, 1827, Jesse Perry; forfeited ship, and was convicted for introducing slaves. PARDONS AND REMISSIONS, IV. 158. Feb. 13, 1827, Zenas Winston; incurred penalties for slave-trading. PARDONS AND REMISSIONS, IV. 161. The four following cases are similar to that of Winston: — Feb. 24, 1827, John Tucker and William Morbon. PARDONS AND REMISSIONS, IV. 162. March 25, 1828, Joseph Badger. PARDONS AND REMISSIONS, IV. 192. Feb. 19, 1829, L.R. Wallace. PARDONS AND REMISSIONS, IV. 215. PRESIDENT JACKSON: Five cases. PARDONS AND REMISSIONS, IV. 225, 270, 301, 393, 440. The above cases were taken from manuscript copies of the Washington records, made by Mr. W.C. Endicott, Jr., and kindly loaned me. 30. See SENATE JOURNAL, 20th Congress 1st session, pages 60, 66, 340, 341, 343, 348, 352, 355; HOUSE JOURNAL, 20th Congress 1st session, pages 59, 76, 123, 134, 156, 169, 173, 279, 634, 641, 646, 647, 688, 692. “Stack of the Artist of Kouroo” Project 23 HDT WHAT? INDEX
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their identity, it was possible for them to escape even a vigorous enforcement of our laws. This situation could properly be met only by energetic and sincere international co- operation....32
1860
According to the Congressional Globe for the 1st session of the 36th Congress, Republican Congressman Cadwallader C. Washburn of Wisconsin quite agreed with his Democrat colleague, that the Negro citizen whether slave or free was very much out of place whenever and wherever he is in contact with the white citizen: Because he is so out of place, we propose keeping him out of the free Territories, and not allowing him, with his unpaid labor, to come in contact with white men and white labor. “It is simply crazy that there should ever have come into being a world with such a sin in it, in which a man is set apart because of his color — the superficial fact about a human being. Who could want such a world? For an American fighting for his love of country, that the last hope of earth should from its beginning have swallowed slavery, is an irony so withering, a justice so intimate in its rebuke of pride, as to measure only with God.” — Stanley Cavell, MUST WE MEAN WHAT WE SAY? 1976, page 141
31. STATUTES AT LARGE, VI. 376. 32. Among interesting minor proceedings in this period were two Senate bills to register slaves so as to prevent illegal importation. They were both dropped in the House; a House proposition to the same effect also came to nothing: SENATE JOURNAL, 15th Congress 1st session, pages 147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15th Congress 2d session, pages 63, 74, 77, 202, 207, 285, 291, 297; HOUSE JOURNAL, 15th Congress 1st session, page 332; 15th Congress 2d session, pages 303, 305, 316; 16th Congress 1st session, page 150. Another proposition was contained in the Meigs resolution presented to the House, Feb. 5, 1820, which proposed to devote the public lands to the suppression of the slave-trade. This was ruled out of order. It was presented again and laid on the table in 1821: HOUSE JOURNAL, 16th Congress 1st session, pages 196, 200, 227; 16th Congress 2d session, page 238. 24 Copyright Austin Meredith HDT WHAT? INDEX
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In accordance with this sentiment, that there ought in a well-ordered world be no contact whatever between white human beings and black human beings, the 9th plank of the Republican Party’s national platform vowed to bring US participation in the international slave trade finally to an end: We brand the recent re-opening of the African slave trade, under the cover of our national flag, aided by perversions of judicial power, as a crime against humanity, and a burning shame to our country and age, and we call upon congress to take prompt and efficient measures for the total and final suppression of that execrable traffic.During this year the negrero Erie, carrying 897 slaves, was captured by a United States ship (SENATE EXECUTIVE DOCUMENT, 36th Congress, 2d session I, Number 1, pages 41-4).
The negrero William, carrying 550 slaves, and the negrero Wildfire, carrying 507 slaves, were captured along the coast of Cuba (SENATE JOURNAL, 36th Congress, 1st session pages 478-80, 492, 543, etc.; SENATE EXECUTIVE DOCUMENT, 36th Congress, 1st session XI, Number 44; HOUSE EXECUTIVE DOCUMENT, 36th Congress, 1st session XII, Number 83; 36th Congress, 2d session V, Number 11; HOUSE REPORTS, 36th Congress, 1st session IV, Number 602). W.E. Burghardt Du Bois: A somewhat more sincere and determined effort to enforce the slave-trade laws now followed; and yet it is a significant fact that not until Lincoln’s administration did a slave-trader suffer death for violating the laws of the United States. The participation of Americans in the trade continued, declining somewhat between 1825 and 1830, and then reviving, until it reached its highest activity between 1840 and 1860. The development of a vast internal slave-trade, and the consequent rise in the South of vested interests strongly opposed to slave smuggling, led to a falling off in the illicit introduction of Negroes after 1825, until the fifties; nevertheless, smuggling never entirely ceased, and large numbers were thus added to the plantations of the Gulf States. Monroe had various constitutional scruples as to the execution of the Act of 1819;33 but, as Congress took no action, he at last put a fair interpretation on his powers, and appointed Samuel Bacon as an agent in Africa to form a settlement for recaptured Africans. Gradually the agency thus formed became merged with that of the Colonization Society on Cape Mesurado; and from this union Liberia was finally evolved.34 Meantime, during the years 1818 to 1820, the activity of the slave-traders was prodigious. General James Tallmadge declared in the House, February 15, 1819: “Our laws are already highly penal against their introduction, and yet, it is a well known fact, that about fourteen thousand slaves have been brought into our country this last year.”35 In the same year Middleton of South Carolina and Wright of Virginia estimated illicit introduction at 13,000 and 15,000 respectively.36 Judge Story, in charging a jury, took occasion to say: “We have but too many proofs from unquestionable sources, that it [the slave-trade] 33. Attorney-General Wirt advised him, October, 1819, that no part of the appropriation could be used to purchase land in Africa or tools for the Negroes, or as salary for the agent: OPINIONS OF ATTORNEYS-GENERAL, I. 314-7. Monroe laid the case before Congress in a special message Dec. 20, 1819 (HOUSE JOURNAL, 16th Congress 1st session, page 57); but no action was taken there. 34. Cf. Kendall’s Report, August, 1830: SENATE DOCUMENT, 21st Congress 2d session, I. No. 1, pages 211-8; also see below, Chapter X. 35. Speech in the House of Representatives, Feb. 15, 1819, page 18; published in Boston, 1849. 36. Jay, INQUIRY INTO AMERICAN COLONIZATION (1838), page 59, note. “Stack of the Artist of Kouroo” Project 25 HDT WHAT? INDEX
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is still carried on with all the implacable rapacity of former times. Avarice has grown more subtle in its evasions, and watches and seizes its prey with an appetite quickened rather than suppressed by its guilty vigils. American citizens are steeped to their very mouths (I can hardly use too bold a figure) in this stream of iniquity.”37 The following year, 1820, brought some significant statements from various members of Congress. Said Smith of South Carolina: “Pharaoh was, for his temerity, drowned in the Red Sea, in pursuing them [the Israelites] contrary to God’s express will; but our Northern friends have not been afraid even of that, in their zeal to furnish the Southern States with Africans. They are better seamen than Pharaoh, and calculate by that means to elude the vigilance of Heaven; which they seem to disregard, if they can but elude the violated laws of their country.”38 As late as May he saw little hope of suppressing the traffic.39 Sergeant of Pennsylvania declared: “It is notorious that, in spite of the utmost vigilance that can be employed, African negroes are clandestinely brought in and sold as slaves.”40 Plumer of New Hampshire stated that “of the unhappy beings, thus in violation of all laws transported to our shores, and thrown by force into the mass of our black population, scarcely one in a hundred is ever detected by the officers of the General Government, in a part of the country, where, if we are to believe the statement of Governor Rabun, ‘an officer who would perform his duty, by attempting to enforce the law [against the slave trade] is, by many, considered as an officious meddler, and treated with derision and contempt;’ ... I have been told by a gentleman, who has attended particularly to this subject, that ten thousand slaves were in one year smuggled into the United States; and that, even for the last year, we must count the number not by hundreds, but by thousands.”41 In 1821 a committee of Congress characterized prevailing methods as those “of the grossest fraud that could be practised to deceive the officers of government.”42 Another committee, in 1822, after a careful examination of the subject, declare that they “find it impossible to measure with precision the effect produced upon the American branch of the slave trade by the laws above mentioned, and the seizures under them. They are unable to state, whether those American merchants, the American capital and seamen which heretofore aided in this traffic, have abandoned it altogether, or have sought shelter under the flags of other nations.” They then state the suspicious circumstance that, with the disappearance of the American flag from the traffic, “the trade, notwithstanding, increases annually, under the flags of other nations.” They complain of the spasmodic efforts of the executive. They say that the first United States cruiser arrived on the African coast in March, 1820, and remained a “few weeks;” that since then four others had in two years made five visits in all; but “since the middle of last November, the commencement 37. Quoted in Friends’ FACTS AND OBSERVATIONS ON THE SLAVE TRADE (ed. 1841), pages 7-8. 38. ANNALS OF CONGRESS, 16th Congress 1st session, pages 270-1. 39. ANNALS OF CONGRESS, 16th Congress 1st session, page 698. 40. ANNALS OF CONGRESS, 16th Congress 1st session, page 1207. 41. ANNALS OF CONGRESS, 16th Congress 1st session, page 1433. 42. Referring particularly to the case of the slaver “Plattsburg.” Cf. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, page 10. 26 Copyright Austin Meredith HDT WHAT? INDEX
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of the healthy season on that coast, no vessel has been, nor, as your committee is informed, is, under orders for that service.”43 The United States African agent, Ayres, reported in 1823: “I was informed by an American officer who had been on the coast in 1820, that he had boarded 20 American vessels in one morning, lying in the port of Gallinas, and fitted for the reception of slaves. It is a lamentable fact, that most of the harbours, between the Senegal and the line, were visited by an equal number of American vessels, and for the sole purpose of carrying away slaves. Although for some years the coast had been occasionally visited by our cruizers, their short stay and seldom appearance had made but slight impression on those traders, rendered hardy by repetition of crime, and avaricious by excessive gain. They were enabled by a regular system to gain intelligence of any cruizer being on the coast.”44 Even such spasmodic efforts bore abundant fruit, and indicated what vigorous measures might have accomplished. Between May, 1818, and November, 1821, nearly six hundred Africans were recaptured and eleven American slavers taken.45 Such measures gradually changed the character of the trade, and opened the international phase of the question. American slavers cleared for foreign ports, there took a foreign flag and papers, and then sailed boldly past American cruisers, although their real character was often well known. More stringent clearance laws and consular instructions might have greatly reduced this practice; but nothing was ever done, and gradually the laws became in large measure powerless to deal with the bulk of the illicit trade. In 1820, September 16, a British officer, in his official report, declares that, in spite of United States laws, “American vessels, American subjects, and American capital, are unquestionably engaged in the trade, though under other colours and in disguise.”46 The United States ship “Cyane” at one time reported ten captures within a few days, adding: “Although they are evidently owned by Americans, they are so completely covered by Spanish papers that it is impossible to condemn them.”47 The governor of Sierra Leone reported the rivers Nunez and Pongas full of renegade European and American slave-traders;48 the trade was said to be carried on “to an extent that almost staggers belief.”49 Down to 1824 or 1825, reports from all quarters prove this activity in slave-trading. The execution of the laws within the country exhibits grave defects and even criminal negligence. Attorney-General Wirt finds it necessary to assure collectors, in 1819, that “it is
43. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, page 2. The President had in his message spoken in exhilarating tones of the success of the government in suppressing the trade. The House Committee appointed in pursuance of this passage made the above report. Their conclusions are confirmed by British reports: PARLIAMENTARY PAPERS, 1822, Vol. XXII., SLAVE TRADE, Further Papers, III. page 44. So, too, in 1823, Ashmun, the African agent, reports that thousands of slaves are being abducted. 44. Ayres to the Secretary of the Navy, Feb. 24, 1823; reprinted in FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 31. 45. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, pages 5-6. The slavers were the “Ramirez,” “Endymion,” “Esperanza,” “Plattsburg,” “Science,” “Alexander,” “Eugene,” “Mathilde,” “Daphne,” “Eliza,” and “La Pensée.” In these 573 Africans were taken. The naval officers were greatly handicapped by the size of the ships, etc. (cf. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), pages 33-41). They nevertheless acted with great zeal. 46. PARLIAMENTARY PAPERS, 1821, Vol. XXIII., SLAVE TRADE, Further Papers, A, page 76. The names and description of a dozen or more American slavers are given: PARLIAMENTARY PAPERS, 1821, Vol. XXIII., SLAVE TRADE, Further Papers, A, pages 18-21. 47. HOUSE REPORTS, 17th Congress 1st session, II. No. 92, pages 15-20. 48. HOUSE DOCUMENT, 18th Congress 1st session, VI. No. 119, page 13. 49. PARLIAMENTARY PAPERS, 1823, Vol. XVIII., SLAVE TRADE, Further Papers, A, pages 10-11. “Stack of the Artist of Kouroo” Project 27 HDT WHAT? INDEX
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against public policy to dispense with prosecutions for violation of the law to prohibit the Slave trade.”50 One district attorney writes: “It appears to be almost impossible to enforce the laws of the United States against offenders after the negroes have been landed in the state.”51 Again, it is asserted that “when vessels engaged in the slave trade have been detained by the American cruizers, and sent into the slave-holding states, there appears at once a difficulty in securing the freedom to these captives which the laws of the United States have decreed for them.”52 In some cases, one man would smuggle in the Africans and hide them in the woods; then his partner would “rob” him, and so all trace be lost.53 Perhaps 350 Africans were officially reported as brought in contrary to law from 1818 to 1820: the absurdity of this figure is apparent.54 A circular letter to the marshals, in 1821, brought reports of only a few well-known cases, like that of the “General Ramirez;” the marshal of Louisiana had “no information.”55 There appears to be little positive evidence of a large illicit importation into the country for a decade after 1825. It is hardly possible, however, considering the activity in the trade, that slaves were not largely imported. Indeed, when we note how the laws were continually broken in other respects, absence of evidence of petty smuggling becomes presumptive evidence that collusive or tacit understanding of officers and citizens allowed the trade to some extent.56 Finally, it must be noted that during all this time scarcely a man suffered for participating in the trade, beyond the loss of the Africans and, more rarely, of his ship. Red-handed slavers, caught in the act and convicted, were too often, like La Coste of South Carolina, the subjects of executive clemency.57 In certain cases there were those who even had the effrontery to ask Congress to cancel their own laws. For instance, in 1819 a Venezuelan privateer, secretly fitted out and manned by Americans in Baltimore, succeeded in capturing several American, Portuguese, and Spanish slavers, and appropriating the slaves; being finally wrecked herself, she transferred her crew and slaves to one of her prizes, the “Antelope,” which was eventually captured by a United States cruiser and the 280 Africans sent to Georgia. After much litigation, the United States Supreme Court ordered those captured from Spaniards to be surrendered, and the others to be returned to Africa. By some mysterious process, only 139 Africans now remained, 100 of whom were sent to Africa. The Spanish claimants of the remaining thirty-nine sold them to a certain Mr. Wilde, who gave bond to transport them out of the country. Finally, in December, 1827, there came an innocent petition to Congress to cancel this bond.58 A bill to that effect passed and was approved, May 2, 1828,59 and in consequence these
50. OPINIONS OF ATTORNEYS-GENERAL, V. 717. 51. R.W. Habersham to the Secretary of the Navy, August, 1821; reprinted in FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 47. 52. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 42. 53. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 43. 54. Cf. above, pages 126-7. 55. FRIENDS’ VIEW OF THE AFRICAN SLAVE-TRADE (1824), page 42. 56. A few accounts of captures here and there would make the matter less suspicious; these, however, do not occur. How large this suspected illicit traffic was, it is of course impossible to say; there is no reason why it may not have reached many hundreds per year. 28 Copyright Austin Meredith HDT WHAT? INDEX
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Africans remained as slaves in Georgia. On the whole, it is plain that, although in the period from 1807 to 1820 Congress laid down broad lines of legislation sufficient, save in some details, to suppress the African slave trade to America, yet the execution of these laws was criminally lax. Moreover, by the facility with which slavers could disguise their identity, it was possible for them to escape even a vigorous enforcement of our laws. This situation could properly be met only by energetic and sincere international co- operation....60 W.E. Burghardt Du Bois: The long and open agitation for the reopening of the slave-trade, together with the fact that the South had been more or less familiar with violations of the laws since 1808, led to such a remarkable increase of illicit traffic and actual importations in the decade 1850-1860, that the movement may almost be termed a reopening of the slave-trade. In the foreign slave-trade our own officers continue to report “how shamefully our flag has been used;”61 and British officers write “that at least one half of the successful part of the slave trade is carried on under the American flag,” and this because “the number of American cruisers on the station is so small, in proportion to the immense extent of the slave-dealing coast.”62 The fitting out of slavers became a flourishing business in the United States, and centred at New York City. “Few of our readers,” writes a periodical of the day, “are aware of the extent to which this infernal traffic is carried on, by vessels clearing from New York, and in close alliance with our legitimate trade; and that down-town merchants of wealth and respectability are extensively engaged in buying and selling African Negroes, and have been, with comparatively little 57. Cf. editorial in Niles’s Register, XXII. 114. Cf. also the following instances of pardons: — PRESIDENT JEFFERSON: March 1, 1808, Phillip M. Topham, convicted for “carrying on an illegal slave-trade” (pardoned twice). PARDONS AND REMISSIONS, I. 146, 148-9. PRESIDENT MADISON: July 29, 1809, fifteen vessels arrived at New Orleans from Cuba, with 666 white persons and 683 negroes. Every penalty incurred under the Act of 1807 was remitted. (Note: “Several other pardons of this nature were granted.”) PARDONS AND REMISSIONS, I. 179. Nov. 8, 1809, John Hopkins and Lewis Le Roy, convicted for importing a slave. PARDONS AND REMISSIONS, I. 184-5. Feb. 12, 1810, William Sewall, convicted for importing slaves. PARDONS AND REMISSIONS, I. 194, 235, 240. May 5, 1812, William Babbit, convicted for importing slaves. PARDONS AND REMISSIONS, I. 248. PRESIDENT MONROE: June 11, 1822, Thomas Shields, convicted for bringing slaves into New Orleans. PARDONS AND REMISSIONS, IV. 15. Aug. 24, 1822, J.F. Smith, sentenced to five years’ imprisonment and $3000 fine; served twenty-five months and was then pardoned. PARDONS AND REMISSIONS, IV. 22. July 23, 1823, certain parties liable to penalties for introducing slaves into Alabama. PARDONS AND REMISSIONS, IV. 63. Aug. 15, 1823, owners of schooner “Mary,” convicted of importing slaves. PARDONS AND REMISSIONS, IV. 66. PRESIDENT J.Q. ADAMS: March 4, 1826, Robert Perry; his ship was forfeited for slave-trading. PARDONS AND REMISSIONS, IV. 140. Jan. 17, 1827, Jesse Perry; forfeited ship, and was convicted for introducing slaves. PARDONS AND REMISSIONS, IV. 158. Feb. 13, 1827, Zenas Winston; incurred penalties for slave-trading. PARDONS AND REMISSIONS, IV. 161. The four following cases are similar to that of Winston: — Feb. 24, 1827, John Tucker and William Morbon. PARDONS AND REMISSIONS, IV. 162. March 25, 1828, Joseph Badger. PARDONS AND REMISSIONS, IV. 192. Feb. 19, 1829, L.R. Wallace. PARDONS AND REMISSIONS, IV. 215. PRESIDENT JACKSON: Five cases. PARDONS AND REMISSIONS, IV. 225, 270, 301, 393, 440. The above cases were taken from manuscript copies of the Washington records, made by Mr. W.C. Endicott, Jr., and kindly loaned me. 58. See SENATE JOURNAL, 20th Congress 1st session, pages 60, 66, 340, 341, 343, 348, 352, 355; HOUSE JOURNAL, 20th Congress 1st session, pages 59, 76, 123, 134, 156, 169, 173, 279, 634, 641, 646, 647, 688, 692. 59. STATUTES AT LARGE, VI. 376. “Stack of the Artist of Kouroo” Project 29 HDT WHAT? INDEX
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interruption, for an indefinite number of years.”63 Another periodical says: “The number of persons engaged in the slave- trade, and the amount of capital embarked in it, exceed our powers of calculation. The city of New York has been until of late [1862] the principal port of the world for this infamous commerce; although the cities of Portland and Boston are only second to her in that distinction. Slave dealers added largely to the wealth of our commercial metropolis; they contributed liberally to the treasuries of political organizations, and their bank accounts were largely depleted to carry elections in New Jersey, Pennsylvania, and Connecticut.”64 During eighteen months of the years 1859-1860 eighty-five slavers are reported to have been fitted out in New York harbor,65 and these alone transported from 30,000 to 60,000 slaves annually.66 The United States deputy marshal of that district declared in 1856 that the business of fitting out slavers “was never prosecuted with greater energy than at present. The occasional interposition of the legal authorities exercises no apparent influence for its suppression. It is seldom that one or more vessels cannot be designated at the wharves, respecting which there is evidence that she is either in or has been concerned in the Traffic.”67 On the coast of Africa “it is a well-known fact that most of the Slave ships which visit the river are sent from New York and New Orleans.”68 The absence of United States war-ships at the Brazilian station enabled American smugglers to run in cargoes, in spite of the prohibitory law. One cargo of five hundred slaves was landed in 1852, and the Correio Mercantil regrets “that it was the flag of the United States which covered this act of piracy, sustained by citizens of that great nation.”69 When the Brazil trade declined, the illicit Cuban trade greatly increased, and the British consul reported: “Almost all the slave expeditions for some time past have been fitted out in the United States, chiefly at New York.”70
60. Among interesting minor proceedings in this period were two Senate bills to register slaves so as to prevent illegal importation. They were both dropped in the House; a House proposition to the same effect also came to nothing: SENATE JOURNAL, 15th Congress 1st session, pages 147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15th Congress 2d session, pages 63, 74, 77, 202, 207, 285, 291, 297; HOUSE JOURNAL, 15th Congress 1st session, page 332; 15th Congress 2d session, pages 303, 305, 316; 16th Congress 1st session, page 150. Another proposition was contained in the Meigs resolution presented to the House, Feb. 5, 1820, which proposed to devote the public lands to the suppression of the slave-trade. This was ruled out of order. It was presented again and laid on the table in 1821: HOUSE JOURNAL, 16th Congress 1st session, pages 196, 200, 227; 16th Congress 2d session, page 238. 61. Gregory to the Secretary of the Navy, June 8, 1850: SENATE EXECUTIVE DOCUMENT, 31 Congress, 1st session, XIV. No. 66, page 2. Cf. SENATE EXECUTIVE DOCUMENT, 31 Congress, 2d session, II. No. 6. 62. Cumming to Commodore Fanshawe, Feb. 22, 1850: SENATE EXECUTIVE DOCUMENT, 31 Congress, 1st session, XIV. No. 66, page 8. 63. New York Journal of Commerce, 1857; quoted in 24TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 56. 64. “The Slave-Trade in New York,” in the Continental Monthly, January, 1862, page 87. 65. New York Evening Post; quoted in Lalor, CYCLOPÆDIA, III. 733. 66. Lalor, CYCLOPÆDIA, III. 733; quoted from a New York paper. 67. FRIENDS’ APPEAL ON BEHALF OF THE COLOURED RACES (1858), Appendix, page 41; quoted from the Journal of Commerce. 68. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, pages 53-4; quoted from the African correspondent of the Boston Journal. From April, 1857, to May, 1858, twenty-one of twenty-two slavers which were seized by British cruisers proved to be American, from New York, Boston, and New Orleans. Cf. 25TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 122. De Bow estimated in 1856 that forty slavers cleared annually from Eastern harbors, clearing yearly $17,000,000: De Bow’s Review, XXII. 430-1. 69. SENATE EXECUTIVE DOCUMENT, 33d Congress, 1st session, VIII. No. 47, page 13. 70. HOUSE EXECUTIVE DOCUMENT, 34th Congress, 1st session, XII. No. 105, page 38. 30 Copyright Austin Meredith HDT WHAT? INDEX
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April: The 500-ton Erie, a negrero unquestionably registered in the United States of America, cleared Havana harbor unquestionably under the command of Captain Nathaniel Gordon, who was unquestionably 5 feet and 5 inches of US citizen as he had been born and bred in the state of Maine.71 THE MIDDLE PASSAGE RACE SLAVERY
71. Well, there is this one nagging historical question: was this Captain Nathaniel Gordon the son of another Captain Nathaniel Gordon, who had previously been convicted of engaging in the international slave trade — and who had not been required to pay the death penalty? “Stack of the Artist of Kouroo” Project 31 HDT WHAT? INDEX
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Here is a picture of Captain Gordon’s pretty home in Maine, which although it was paid for of course in blood, does not seem to have been painted red:
W.E. Burghardt Du Bois: Early in December 1856, the subject reached Congress; and although the agitation was then new, fifty-seven Southern Congressmen refused to declare a re-opening of the slave-trade “shocking to the moral sentiment of the enlightened portion of mankind,” and eight refused to call the reopening even “unwise” and “inexpedient.”72 Three years later, January 31, 1859, it was impossible, in a House of one hundred and ninety-nine members, to get a two-thirds vote in order even to consider Kilgore’s resolutions, which declared “that no legislation can be too thorough in its measures, nor can any penalty known to the catalogue of modern punishment for crime be too severe against a traffic so inhuman and unchristian.”73 Congressmen and other prominent men hastened with the rising tide.74 Dowdell of Alabama declared the repressive acts “highly offensive;” J.B. Clay of Kentucky was “opposed to all these laws;”75 Seward of Georgia declared them “wrong, and a violation of the Constitution;”76 Barksdale of Mississippi agreed with this sentiment; Crawford of Georgia threatened a reopening of the trade; Miles of South Carolina was for “sweeping away” all restrictions;77 Keitt of South Carolina wished to withdraw the African squadron, and to cease to brand slave-trading as piracy;78 Brown of Mississippi “would repeal the law instantly;”79 Alexander Stephens, in his farewell address to his 72. HOUSE JOURNAL, 34th Congress, 3d session, pages 105-10; CONGRESSIONAL GLOBE, 34th Congress, 3d session, pages 123-6; Cluskey, POLITICAL TEXT-BOOK (14th edition), page 589. 73. HOUSE JOURNAL, 35th Congress, 2d session, pages 298-9. Cf. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 45. 74. Cf. REPORTS OF THE AMERICAN ANTI-SLAVERY SOCIETY, especially the 26th, pages 43-4. 75. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 43. He referred especially to the Treaty of 1842. 76. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 43; CONGRESSIONAL GLOBE, 35th Congress, 2d session, Appendix, pages 248-50. 77. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 44. 32 Copyright Austin Meredith HDT WHAT? INDEX
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constituents, said: “Slave states cannot be made without Africans.... [My object is] to bring clearly to your mind the great truth that without an increase of African slaves from abroad, you may not expect or look for many more slave States.”80 Jefferson Davis strongly denied “any coincidence of opinion with those who prate of the inhumanity and sinfulness of the trade. The interest of Mississippi,” said he, “not of the African, dictates my conclusion.” He opposed the immediate reopening of the trade in Mississippi for fear of a paralyzing influx of Negroes, but carefully added: “This conclusion, in relation to Mississippi, is based upon my view of her present condition, not upon any general theory. It is not supposed to be applicable to Texas, to New Mexico, or to any future acquisitions to be made south of the Rio Grande.”81 John Forsyth, who for seven years conducted the slave-trade diplomacy of the nation, declared, about 1860: “But one stronghold of its [i.e., slavery’s] enemies remains to be carried, to complete its triumph and assure its welfare, — that is the existing prohibition of the African 82 Slave-trade.” Pollard, in his BLACK DIAMONDS, urged the importation of Africans as “laborers.” “This I grant you,” said he, “would be practically the re-opening of the African slave trade; but ... you will find that it very often becomes necessary to evade the letter of the law, in some of the greatest measures of social happiness and patriotism.”83
78. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 44; 27TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, pages 13-4. 79. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 44. 80. Quoted in Lalor, CYCLOPÆDIA, III. 733; Cairnes, THE SLAVE POWER (New York, 1862), page 123, note; 27TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 15. 81. Quoted in Cairnes, THE SLAVE POWER, page 123, note; 27TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 19. 82. 27TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 16; quoted from the Mobile Register. 83. Edition of 1859, pages 63-4. “Stack of the Artist of Kouroo” Project 33 HDT WHAT? INDEX
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Table of Altitudes
Yoda 2 ' 0 '' Lavinia Warren 2 ' 8 '' Tom Thumb, Jr. 3 ' 4 '' Lucy (Australopithecus Afarensis) 3 ' 8 '' Hervé Villechaize (“Fantasy Island”) 3 ' 11'' Charles Proteus Steinmetz 4 ' 0 '' Mary Moody Emerson per FBS (1) 4 ' 3 '' Alexander Pope 4 ' 6 '' Benjamin Lay 4 ' 7 '' Gary Coleman (“Arnold Jackson”) 4 ' 8 '' Queen Victoria with osteoporosis 4 ' 8 '' Queen Victoria as adult 4 ' 10 '' Margaret Mitchell 4 ' 10 '' length of newer military musket 4 ' 10'' Charlotte Brontë 4 ' 10-11'' Harriet Beecher Stowe 4 ' 11'' Laura Ingalls Wilder 4 ' 11'' a rather tall adult Pygmy male 4 ' 11'' John Keats 5 ' 0 '' Clara Barton 5 ' 0 '' Isambard Kingdom Brunel 5 ' 0 '' Andrew Carnegie 5 ' 0 '' Thomas de Quincey 5 ' 0 '' Stephen A. Douglas 5 ' 0 '' Danny DeVito 5 ' 0 '' Immanuel Kant 5 ' 0 '' William Wilberforce 5 ' 0 '' Mae West 5 ' 0 '' Mother Teresa 5 ' 0 '' Deng Xiaoping 5 ' 0 '' Dred Scott 5 ' 0 '' (±) Captain William Bligh of HMS Bounty 5 ' 0 '' (±) Harriet Tubman 5 ' 0 '' (±) Mary Moody Emerson per FBS (2) 5 ' 0 '' (±) John Brown of Providence, Rhode Island 5 ' 0 '' (+) Bette Midler 5 ' 1 '' Jemmy Button 5 ' 2 '' Margaret Mead 5 ' 2 ''
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R. Buckminster “Bucky” Fuller 5 ' 2 '' Yuri Gagarin the astronaut 5 ' 2 '' William Walker 5 ' 2 '' Horatio Alger, Jr. 5 ' 2 '' length of older military musket 5 ' 2 '' 1 the artist formerly known as Prince 5 ' 2 /2'' 1 typical female of Thoreau's period 5 ' 2 /2'' Francis of Assisi 5 ' 3 '' Volt ai re 5 ' 3 '' Mohandas Gandhi 5 ' 3 '' Sammy Davis, Jr. 5 ' 3 '' Kahlil Gibran 5 ' 3 '' Friend Daniel Ricketson 5 ' 3 '' The Reverend Gilbert White 5 ' 3 '' Nikita Khrushchev 5 ' 3 '' Sammy Davis, Jr. 5 ' 3 '' Truman Capote 5 ' 3 '' Kim Jong Il (North Korea) 5 ' 3 '' Stephen A. “Little Giant” Douglas 5 ' 4 '' Francisco Franco 5 ' 4 '' President James Madison 5 ' 4 '' Iosef Vissarionovich Dzugashvili “Stalin” 5 ' 4 '' Alan Ladd 5 ' 4 '' Pablo Picasso 5 ' 4 '' Truman Capote 5 ' 4 '' Queen Elizabeth 5 ' 4 '' Ludwig van Beethoven 5 ' 4 '' Typical Homo Erectus 5 ' 4 '' 1 typical Neanderthal adult male 5 ' 4 /2'' 1 Alan Ladd 5 ' 4 /2'' comte de Buffon 5 ' 5 '' (-) Captain Nathaniel Gordon 5 ' 5 '' Charles Manson 5 ' 5 '' Audie Murphy 5 ' 5 '' Harry Houdini 5 ' 5 '' Hung Hsiu-ch'üan 5 ' 5 '' 1 Marilyn Monroe 5 ' 5 /2'' 1 T.E. Lawrence “of Arabia” 5 ' 5 /2'' average runaway male American slave 5 ' 5-6 '' Charles Dickens 5 ' 6? ''
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President Benjamin Harrison 5 ' 6 '' President Martin Van Buren 5 ' 6 '' James Smithson 5 ' 6 '' Louisa May Alcott 5 ' 6 '' 1 Johann Wolfgang von Goethe 5 ' 6 /2'' 1 Napoleon Bonaparte 5 ' 6 /2'' Emily Brontë 5 ' 6-7 '' Henry Wadsworth Longfellow 5 ' ? '' average height, seaman of 1812 5 ' 6.85 '' Oliver Reed Smoot, Jr. 5 ' 7 '' minimum height, British soldier 5 ' 7 '' President John Adams 5 ' 7 '' President John Quincy Adams 5 ' 7 '' President William McKinley 5 ' 7 '' “Charley” Parkhurst (a female) 5 ' 7 '' Henry Thoreau 5 ' 7 '' 1 the average male of Thoreau's period 5 ' 7 /2 '' Edgar Allan Poe 5 ' 8 '' President Ulysses S. Grant 5 ' 8 '' President William H. Harrison 5 ' 8 '' President James Polk 5 ' 8 '' President Zachary Taylor 5 ' 8 '' average height, soldier of 1812 5 ' 8.35 '' 1 President Rutherford B. Hayes 5 ' 8 /2'' President Millard Fillmore 5 ' 9 '' President Harry S Truman 5 ' 9 '' 1 President Jimmy Carter 5 ' 9 /2'' 3 Herman Melville 5 ' 9 /4'' Calvin Coolidge 5 ' 10'' Andrew Johnson 5 ' 10'' Theodore Roosevelt 5 ' 10'' Thomas Paine 5 ' 10'' Franklin Pierce 5 ' 10'' Abby May Alcott 5 ' 10'' Reverend Henry C. Wright 5 ' 10'' 1 Nathaniel Hawthorne 5 ' 10 /2'' 1 Louis “Deerfoot” Bennett 5 ' 10 /2'' 1 Friend John Greenleaf Whittier 5 ' 10 /2'' 1 President Dwight D. Eisenhower 5 ' 10 /2'' Sojourner Truth 5 ' 11''
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President Grover Cleveland 5 ' 11'' President Herbert Hoover 5 ' 11'' President Woodrow Wilson 5 ' 11'' President Jefferson Davis 5 ' 11'' 1 President Richard M. Nixon 5 ' 11 /2'' Robert Voorhis the hermit of Rhode Island < 6 ' Frederick Douglass 6 ' (-) Anthony Burns 6 ' 0 '' Waldo Emerson 6 ' 0 '' Joseph Smith, Jr. 6 ' 0 '' David Walker 6 ' 0 '' Sarah F. Wakefield 6 ' 0 '' Thomas Wentworth Higginson 6 ' 0 '' President James Buchanan 6 ' 0 '' President Gerald R. Ford 6 ' 0 '' President James Garfield 6 ' 0 '' President Warren Harding 6 ' 0 '' President John F. Kennedy 6 ' 0 '' President James Monroe 6 ' 0 '' President William H. Taft 6 ' 0 '' President John Tyler 6 ' 0 '' John Brown 6 ' 0 (+)'' President Andrew Jackson 6 ' 1'' Alfred Russel Wallace 6 ' 1'' President Ronald Reagan 6 ' 1'' 1 Venture Smith 6 ' 1 /2'' John Camel Heenan 6 ' 2 '' Crispus Attucks 6 ' 2 '' President Chester A. Arthur 6 ' 2 '' President George Bush, Senior 6 ' 2 '' President Franklin D. Roosevelt 6 ' 2 '' President George Washington 6 ' 2 ''
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Gabriel Prosser 6 ' 2 '' Dangerfield Newby 6 ' 2 '' Charles Augustus Lindbergh 6 ' 2 '' 1 President Bill Clinton 6 ' 2 /2'' 1 President Thomas Jefferson 6 ' 2 /2'' President Lyndon B. Johnson 6 ' 3 '' Oliver Wendell Holmes, Jr. 6 ' 3 '' 1 Richard “King Dick” Seaver 6 ' 3 /4'' President Abraham Lincoln 6 ' 4 '' Marion Morrison (AKA John Wayne) 6 ' 4 '' Elisha Reynolds Potter, Senior 6 ' 4 '' Thomas Cholmondeley 6 ' 4 '' (?) Franklin Benjamin Sanborn 6 ' 5 '' Peter the Great of Russia 6 ' 7 '' Giovanni Battista Belzoni 6 ' 7 '' Thomas Jefferson (the statue) 7 ' 6'' Jefferson Davis (the statue) 7 ' 7'' 1 Martin Van Buren Bates 7 ' 11 /2'' M. Bihin, a Belgian exhibited in Boston in 1840 8 ' Anna Haining Swan 8 ' 1''
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August 7, Tuesday: At the River Congo, a cargo of 900 enslaved Africans was taken on board the Erie, the entire operation requiring but 45 minutes. As the people came over the side, if they were wearing anything Captain Nathaniel Gordon would cut it off and toss it overboard. Several of the crew would testify at the trial that it was Gordon who had engaged them, under false pretenses, and that when they found they were on a negrero he had promised them each $1 for every person delivered alive.84
Mr. Don’t Get Caught
THE MIDDLE PASSAGE
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August 8, Wednesday, morning: Captain Nathaniel Gordon’s Erie, a 500-ton negrero flying the American flag about 50 miles off the coast of West Africa, had a shot fired across her bow by the crew of the Mohican, an American steam warship, and was boarded and found to contain a cargo of 897 enslaved black males and females ranging from the age of six months to forty years. About half were children, and about half were female. During the following 15 days at sea, 29 more would die and be thrown overboard before the survivors could be offloaded by the US Navy and discarded at Monrovia. THE MIDDLE PASSAGE
Upon the return of the USS Mohican to the United States of America, there being no good reason to do otherwise, the vessel would come to port in a northern port, the port of New-York. (This mundane fact would be the cause of Captain Gordon’s death by hanging, would be the final nail in his coffin — it is the only such
84. Clearly, there’s a terminology problem here. In an effort to resolve this terminology issue, at the Republican National Convention in New-York during August 2004 –at which the Republican Party would for four days make an effort to strip from its face its mask of hostility to the plight of the downtrodden and reveal its true countenance of benevolent conservatism and concern– these people would be sensitively referred to by a Hoosier Republican running for the US Senate as “involuntary immigrants.”
So, perhaps, this is a good point at which to insert a story about involuntary immigrants that has been passed on to us by Ram Varmha, a retired IBM engineer whose father had briefly served as Maharaja after the independence of Cochin. He relates the story as narrated to him by his paternal grandmother who lived in Thripoonithura, Cochin: “When my grandmother (born 1882) was a young girl she would go with the elder ladies of the family to the Pazhayannur Devi Temple in Fort Cochin, next to the Cochin Lantha Palace built by the Dutch (Landers = Lantha), which was an early establishment of the Cochin royal family before the administration moved to Thripoonithura. My grandmother often told us that in the basement of the Lantha Palace, in a confined area, a family of Africans had been kept locked up, as in a zoo! By my Grandmother’s time all the Africans had died. But, some of the elder ladies had narrated the story to her of ‘Kappiries’ (Africans) kept in captivity there. It seems visitors would give them fruits and bananas. They were well cared for but always kept in confinement. My grandmother did not know all the details but according to her, ‘many’ years earlier, a ship having broken its mast drifted into the old Cochin harbor. When the locals climbed aboard, they found a crewless ship, but in the hold there were some chained ‘Kappiries’ still alive; others having perished. The locals did not know what to do with them. Not understanding their language and finding the Africans in chains, the locals thought that these were dangerous to set free. So they herded the poor Africans into the basement of the Cochin Fort, and held them in captivity, for many, many years! I have no idea when the initial incident happened, but I presume it took place in the late 1700s or early 1800s. This points to the possibility that it was, in fact, a slave ship carrying human cargo from East Africa to either the USA or the West Indies. An amazing and rather bizarre story. Incidentally, this is not an ‘old woman's tale’! Its quite reliable. My grandmother would identify some of the older ladies who had actually seen the surviving Kappiries.” 40 Copyright Austin Meredith HDT WHAT? INDEX
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sad incident in US history.)
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October: A Rhode Island “Copperhead” sympathizer with the Southern slavemasters, critical of the abolitionists, wrote: “I consider that from the first, we are the aggressors — We are everlastingly assaulting them from the time Hoar was first sent to S Carolina.”
Captain Nathaniel Gordon, who had been caught redhanded engaging in the international slave trade, was arraigned before a New-York circuit court on this capital charge equivalent to piracy on the high seas. THE MIDDLE PASSAGE
DEAD MAN WALKING
This pompous ass of a sea captain could easily have escaped, since he was paying his jailor $50 per day to let him roam the streets of New-York during the day — but instead he would choose to sit out his trial procedures, since he had complete confidence that nobody would really ever want to burn a white man’s ass merely for harming the lives of black people. After all, although what he had done had been a capital crime for two full generations of human life, in fact since January 1, 1812, nobody had ever ever ever so much as had their fingers slapped!
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1861
June 18, Tuesday: The case of Captain Nathaniel Gordon, accused of having engaged in the international slave trade under the capital federal ordinance of May 15, 1820, went to trial in New-York. RACE SLAVERY
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June 21, Friday: In New-York, in the case of Captain Nathaniel Gordon, accused of having engaged in the international slave trade in violation of the capital federal ordinance of May 15, 1820, the jury was not one of those Southern “white man, good man, not guilty” juries, and the evidence was incontrovertible — but nevertheless this jury deadlocked.85 RACE SLAVERY
The exception that probes the rule?
November 6: In New-York, Captain Nathaniel Gordon was again prosecuted for having engaged in the international slave trade in violation of the capital federal ordinance of May 15, 1820, with a new jury replacing the deadlocked one, and with additional evidence.86 RACE SLAVERY
November 6. Sawed off half of an old pitch pine stump at Tommy Wheeler’s hollow. I found that, though the surface was entire and apparently sound except one or two small worm-holes, and the sap was evidently decaying, yet within, or just under the surface, it was extensively honeycombed by worms, which did not eat out to the surface. Those rings included in the outmost four or five inches were the most decayed,– including the sapwood.
85. As, we may suppose, a cautious and informed jury of one’s peers should balk under such suspicious circumstances! After all, this law had been on the books since 1820 and obviously a whole lot of this sort of conduct had been taking place for like four decades, and nobody had ever ever gotten hanged, ever ever ever — so what could that old law amount to other than a dead letter, and what could the present case amount to other than unjust because selective prosecution? 86. The principle of double jeopardy would not apply in a case such as this one, since in the previous trial there had been merely a jury deadlock rather than a verdict of acquittal. 44 Copyright Austin Meredith HDT WHAT? INDEX
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November 30, Saturday: In New-York, Captain Nathaniel Gordon was convicted of the capital offense of having engaged in the international slave trade off the coast of Africa in violation of the capital federal ordinance of May 15, 1820, and was condemned to be hanged as a pirate:
oops, my bad UNITED STATES v.GORDON. 25 F.Cas. 1364 Circuit Court, S. D. New York. Nov. 8, 1861; Nov. 30, 1861.
This was an indictment against the defendant [Nathaniel Gordon], under the 5th section of the act of May 15, 1820 (3 Stat. 601), for forcibly confining and detaining, on the 8th of August, 1860, on waters within the admiralty and maritime jurisdiction of the United States, and within the jurisdiction of this court, and out of the limits of any state or district, on board of the ship Erie, owned wholly or in part, or navigated for, or in behalf of, a citizen or citizens of the United States, certain negroes, not having been held to service by the laws of either of the states or territories of the United States, with intent to make such negroes slaves, he being, at the time of the commission of the crime, one of the ship’s company of the ship, and a citizen of the United States, and the Southern district of New York being the district in which he was apprehended and into which he was first brought. The trial took place before NELSON, Circuit Justice, and SHIPMAN, District Judge, and a jury.
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E. Delafield Smith, Dist. Atty., for the United States. Gilbert Dean, for defendant.
NELSON, Circuit Justice (charging jury).
The 5th section of the act of May 15, 1820, under which the prisoner is indicted, provides, “that if any citizen of the United States, being of the crew or ship’s company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship’s company of any ship or vessel, owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine or detain, or aid and abet in forcibly confining or detaining, on board such ship or vessel, any negro or mulatto not held to service by the laws of either of the states or territories of the United States,” with intent to make him a slave, such person shall be adjudged a pirate, and, on conviction, shall suffer death. There are two counts in the indictment, to which we shall call your attention, and to which the observations that we shall make on the law of the case will be confined. The first count is, in substance, that the prisoner, one of the ship’s company of the ship Erie, owned in whole or in part by American citizens, in the river Congo, did piratically, feloniously, and forcibly confine and detain eight hundred negroes on board, with intent to make them slaves. The third count is, that the prisoner, a citizen of the United States, one of the ship’s company of the ship Erie, a foreign vessel, engaged in the slave trade, in the river Congo, did piratically and forcibly confine and detain eight hundred negroes on board such vessel, with intent to make them slaves. Under the statute which we have read to you, in order to make out the offence against the prisoner, it is necessary, on the part of the government, to prove, either that he is a citizen of the United States, or that the vessel on which he served, with which he was engaged in the slave trade, belonged, in whole or in part, to citizens of the United States. If the prisoner is a citizen of the United States, then the crime charged against him, of forcibly detaining these negroes, may be made out, if he was on board of a foreign vessel. But, if he was not a citizen of the United States, but a foreigner, then, in order to charge him with the crime, it must appear that it was committed upon an American vessel, or at least a vessel owned, in whole or in part, by citizens of the United States. Two questions, therefore, become material: ‘First—Was the prisoner at the bar a citizen? Now, proof is given by two witnesses, that they knew both his father and his mother in Portland, Maine, before their marriage. They were both residents of that place. The witnesses also knew them after their marriage, in the same place, and knew the prisoner, the fruit of that marriage, when two or three years old. The question is, upon this testimony—Was the prisoner a native-born citizen, born in Portland or in the United States? It has been argued, by the counsel for the prisoner, that there is some evidence that the mother, after the marriage, was in the habit of going with her husband, who was a sea captain, upon
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foreign voyages; and it is insisted that, upon this state of facts, the prisoner may have been born abroad. Perhaps, the presumption being, upon the evidence, that he was born in Portland, a prima facie case being made out that he was born there, the burden would rest upon him, to show that he was born abroad. But we take it to be settled law, that, although he was born in a foreign country, yet if his father and mother were American citizens, and did not have the design of removing to the foreign country, but touched there in the course of a voyage which the father made as a sea captain, the child would still be regarded as an American citizen. Next, gentlemen, as to the character of the vessel. Was she an American vessel, or owned, in whole or in part, by American citizens? It appears that she was built in the United States, and belonged to American citizens, and made a voyage from England to Havana; and, it is insisted that, after her arrival at Havana, she was sold and transferred by those American citizens. We have the account from Mr. Post, who owned three- fourths of her at the time of the sale. He states, that though he was not present at the time of the sale, yet one of the other part owners, Mr. Knudsen, was with the vessel as its master, and that he received from Havana, in March, 1860, the proceeds of the sale, and had no doubt that she had been sold and transferred. Perhaps, on this evidence, it would be difficult to deny that a sale and transfer was made of this vessel out of those American owners, so far at least as Mr. Post is concerned; and he says, also, that he accounted with the other part owners for their share of the price. The difficulty, in this part of the case, is, that it is not enough to show that the title to this vessel was conveyed by these American owners in March, 1860. That is not sufficient, because, before any change can be made in the character of a vessel, after it has been proved that she belonged to American owners, it must appear that the transfer was made to a foreigner. To whom this vessel was transferred, we have no evidence in the case. But, as I before said to you, gentlemen, it is not necessary, upon this branch of the case, that the prisoner should be a citizen, and, also, that the vessel should be an American vessel. It is sufficient, if either of these facts exists, for the commission of the crime charged in the indictment. This brings us, gentlemen, to the merits of the case, and the question is, is the prisoner guilty or not, of forcibly confining or detaining the negroes on board of this vessel, in the Congo river, with the intent of making them slaves? This is the issue in the case, so far as the real merits are involved. Now, you have the evidence, on the part of the government, of Martin, Green, Alexander, and Hetelberg, four seamen on board of the Erie, who shipped in Havana, in April, 1860, a short time after this alleged sale and transfer. They have detailed to you the circumstances of their employment as seamen, the cargo with which the vessel was laden at that port—some 150 or more hogsheads of liquor, a number of barrels of pork and beef, bags of beans, barrels of bread and rice, and some 250 bundles of shooks, with a corresponding number of hoops, for the purpose of being subsequently manufactured into barrels or casks. Now,
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it may be material for you to inquire, in entering upon the consideration of this issue, whether this was a bona fide cargo, for lawful trade and commerce, or whether it was a cargo fitted out and intended to be used in the slave trade. The vessel was of some 500 tons. If this was a fitting out for the purpose of engaging in the slave trade, and the prisoner at the bar had a knowledge of this intended service of the vessel, then that fact would accompany him to the Congo river, and will have its weight and its influence upon your minds, as to the connection that he had with the transaction that occurred there, in receiving these negroes on board and detaining them. It may undoubtedly be assumed, without any injustice, as a matter of law, the prisoner being the master of the vessel at the port of Havana, and for her voyage to the Congo river, that if this cargo was fitted out for that purpose, if it was a cargo not only proper for that purpose, but intended for that purpose, he, as master, who had the control and charge of the vessel in procuring the cargo, in stowing it, and in shipping the seamen, is chargeable with a knowledge of these facts. Now, these four witnesses, whom you have seen on the stand, have detailed the progress of the voyage from Havana to the Congo river, and the taking of these negroes on board, and the starting from the river on the return voyage to Havana. Their testimony has been so frequently referred to by counsel, and commented upon by them, that I shall not take up your time in going over it. The four concur in the account which they have given of the voyage. They state that, after they had been out some thirty days, and had discovered the provisions and freight on board, a suspicion arose, in the minds of the sailors, that the vessel might be intended for the slave trade, and that they disclosed this suspicion to the captain, assigning to him the reason and grounds of it. The captain, however, disclaimed any such purpose, rebuked the suspicion, and ordered them forward. They all concur in stating that, after the vessel arrived in the Congo river, and while the persons connected with her, and those who furnished the cargo of negroes, were engaged in putting the negroes on board, the captain continued in command of her, so far as they saw, and exercised the same control over the vessel, and her management, and the putting on board of these negroes, as he had previously exercised in the course of the voyage. They also state that, after the negroes were put on board, they were called aft, and were applied to for the purpose of ascertaining whether they would continue to serve as seamen on the return voyage, and were told that, if they would, they should be paid a dollar a head for every negro landed at Cuba. They also state, especially some of them, that the prisoner gave a direction for hoisting the anchor, and directed the course of the vessel when she came out of the river. These are the material facts which have been testified to by the witnesses for the prosecution. On the part of the prisoner, you have the testimony of the first and second mates, who, in all these respects, with, perhaps, one exception, contradict these four witnesses. They state that, after the arrival of the vessel and the discharge of the cargo, the prisoner no longer exercised any control over the management of the vessel, and the control of the vessel and her navigation were passed over to the hands
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of another person, first, to Mr. Hill, who died, and afterwards to Mr. Manuel, whom they regarded as the captain of the vessel; and that subsequently the prisoner had no management or control of her. One of them, the mate, I think, states that he was present when the seamen were applied to, with the view of ascertaining whether they would serve on the return voyage, and his statement differs from the account given by the seamen in this: He says, that the prisoner applied to the seamen, on behalf of the owners of the vessel, and that, as agent, or on behalf of the owners, holding a letter in his hand at the time, which purported to be an authority, he made this offer to them, for the purpose of engaging them. This is the only discrepancy, so far as regards that fact testified to by the seamen. Now, as I before stated to you, if the prisoner at the bar, as master of this vessel, at Havana, had a knowledge that she was fitted out, equipped, and provisioned for a voyage to the Congo river, on the coast of Africa, for the purpose of engaging in the slave trade, then, in view of the fact of his entering upon that voyage, conducting the vessel to a foreign coast, remaining in her, and coming back with her, or starting to come back with her, before she was captured, this previous knowledge of the prisoner, and his engagement to navigate the vessel for that purpose, will have its influence as to the purpose for which he was found upon the vessel in the Congo river, at the time the negroes were put on board; and it is entitled to whatever weight you may think it deserves, in aiding or supporting the testimony of the four seamen, and will raise the question, for your consideration and decision, whether or not the transfer was a part of the original plan of carrying out this engagement of the vessel in the slave trade, and, if such, colorable and not bona fide. This, however, is a question for your consideration and determination. Now, we have said that, in order to sustain the charge against the prisoner, it must appear that these negroes were “forcibly” confined and detained on board of that vessel, for the purpose of making them slaves—for the purpose of bringing them to Cuba, or elsewhere, to make them slaves. This word “forcibly,” which is a material element in the crime charged, does not mean physical or manual force. Even the crime of robbery, in which force is a peculiar element of the crime, it being the taking violently the property of another from his person, need not be accompanied with or consist of actual force. Any conduct, on the part of the robber, putting the person deprived of his goods in bodily fear and terror, is equivalent to actual force. And so in this case. These negroes were collected at the place where they were put on board, in barracoons, and were there under restraint by the persons who furnished them at the ship’s side. They were in bondage at the time, and under the control of those persons, who transferred them to the vessel. They came upon the deck of the vessel in that condition, and it would be strange, indeed, if it was made necessary by the law, that it should be shown that they made personal, physical resistance at the time, against being put on board and detained on board, under all these circumstances. It is sufficient that they were under moral restraint and fear—their wills controlled by this superior power
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exercised over their minds and bodies; and any person participating in that forcible detention, that sort of detention, is a principal, participating in the guilt of the offence. Then, as to the intent of making them slaves. This, undoubtedly, is a question of fact for the jury. You must find it, but you can find it as an inference from the surrounding circumstances attending their being put on board and forcibly detained on board. If any other purpose, any lawful purpose, had been shown to you by the evidence in the case, undoubtedly it would have been pertinent and satisfactory for the purpose of rebutting such a presumption of intent. But, in the absence of any such evidence, it is for you to say whether the inference is warranted by the testimony. These are all the observations that we deem in advisable to submit to you, but we will call back your minds to the material question, so that you may look into the case with intelligence and comprehend the real issue involved in the case, which is— Were these negroes, that were put on board of the Erie, in the Congo river, in August, 1860, forcibly detained or confined, with the intention of making them slaves, and did the prisoner, on board of that vessel, at the time, participate in that confinement and detention? If he did, he is guilty of this offence, under the statute. If he did not, he is innocent.
The jury found the defendant guilty. He subsequently made, before NELSON, Circuit Justice, and SHIPMAN, District Judge, a motion for an arrest of judgment and a motion for a new trial.
SHIPMAN, District Judge. We have carefully considered the point submitted to us, on the motions for an arrest of judgment and for a new trial, and the arguments of counsel thereon. In disposing of these motions, we do not deem it important to discuss any exceptions taken to the form of the indictment, except such as apply to the first and third counts, inasmuch as it was upon those two counts that we put the case to the jury. If either one of those counts is good, the indictment is sufficient to support the verdict. The only objection taken to the form of the first and third counts is, that they do not aver, in the precise words of the statute, the condition of the negroes, as “not held to service by the laws of either of the states or territories of the United States,” at the time of the commission of the offence, the language of the indictment being, “not having been held to service, &c.” It is argued that, if the defendant had been able to prove that they had been once held to service, at some time prior to the commission of the offence, this averment would have been negatived, and he would have been entitled to an acquittal. But this, we think, only proves that the language of the indictment, in this particular, is more comprehensive than was necessary. The indictment charges him with having forcibly confined and detained the negroes, they not having been held to service, &c., that is, not having been held to service at the time he so confined and detained them, or at any time previous. The fact that the terms of the averment are somewhat broader
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than those of the statute is not material, so long as they cover the offence described in the latter. To the objection that there was no such proof that the vessel upon which the offence was committed, was “owned wholly, or in part, or navigated for, or in behalf of, any citizen or citizens of the United States,” as would warrant a conviction on the first count, we cannot accede. The government proved that she was built in, and owned by citizens of, the United States. This fixed the national character of the vessel, and this character and ownership would be presumed to continue until they were shown to have been changed. To show such a change, the burden of proof was on the defendant. The evidence offered only tended to show that a sale was made of the vessel at Havana, but without showing to whom such sale was made. It is urged, by the defendant’s counsel, that, inasmuch as the sale claimed to have been proved was made in a foreign country, the law will presume, until the contrary is shown, that it was made to foreigners. We think there is no foundation, in law or reason, upon which such a presumption can rest. In support of that part of the indictment which charges that the defendant was an American citizen at the time of committing the offence, the government proved that his father and mother were residents of Portland, in the state of Maine, for many years, both before and after their marriage, and before the birth of the defendant, and while he was a small child. It also appeared, from the testimony of the same witnesses, that his father was a sea captain, and that sometimes his wife, the defendant’s mother, accompanied him on his foreign voyages. The defendant’s counsel claimed, that it appeared, from this evidence, that he might have been born abroad, and that, if he was, he was not a citizen of the United States, and, therefore, not amenable to those criminal laws of the United States which are limited in terms to its citizens. The court instructed the jury, however, that, even if the defendant was born during one of those voyages which the father made as a sea captain, without any intention of removing to, but merely touching at, foreign countries, he would still be regarded in law as an American citizen, although thus born abroad, provided his parents were American citizens. The defendant’s counsel excepted to this part of the charge, on the ground that it did not lay down the correct rule of law applicable to children of American parents, born in foreign countries. Without here discussing the general principles of law applicable to that subject, it is a sufficient answer to the exception taken in this case, that the charge on this point, taken in connection with the facts in evidence to which it was to be applied, clearly referred to a possible birth of the defendant on board of his father’s American vessel, while the latter was in a foreign country, in the course of the voyage. We are clearly of opinion, that there was no error in this part of the charge. The only remaining objection that we deem it necessary to notice, is, that, if the Erie was a foreign vessel, even admitting the citizenship of Gordon, this court has not the jurisdiction to try him for an act committed on the river Congo, in the Portuguese dominions, and not on tide waters. There are
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two answers to this objection: First. There is no proof that the Erie was a foreign vessel, but the proof is clear and uncontradicted that she was an American vessel, owned by American citizens. Second. The allegation, in the indictment, that the offence was committed “in the river Congo, on the coast of Africa, on waters within the admiralty and maritime jurisdiction of the United States, and within the jurisdiction of this court,” is, we think, fully sustained by the proof. The proof is, that the negroes were taken on board in the Congo river, some distance from its mouth, but where it is several miles broad, and really an arm of the sea. The proof is clear and uncontradicted, that the offence of confining and detaining the negroes on board was continuous and uninterrupted, until her capture in the Atlantic Ocean, several miles from land. Of course, it was committed in the very mouth of the river, where its broad expanse is lost in the Atlantic, and where the jurisdiction of every nation, over its citizens or its ships, clearly extends. The other exceptions to these two counts and to the charge, are overruled. Upon all these points, we are clearly of opinion, that there is no error in the indictment, and that none intervened on the trial, and that the jurisdiction of the court is beyond dispute. We are, therefore, constrained to deny the application for a certificate of division, which is asked for by the defendant, to enable him to carry the case to the supreme court. It is hardly necessary for me to add that these views are the result of consultation, and are fully concurred in by Mr. Justice NELSON.
Sentence of death being about to be passed on the defendant by Judge SHIPMAN, holding the court alone, in the absence of Mr. Justice NELSON, it was objected by the counsel for the defendant, that this could not be done, because the trial had taken place before both of the judges. Judge SHIPMAN stated, that he and Mr. Justice NELSON had agreed, on consultation, that it was competent for the court, when held by only one of the judges, to pass the sentence.
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December 3, Tuesday: President Abraham Lincoln’s message to the United States Congress: The execution of the laws for the suppression of the African slave trade has been confided to the Department of the Interior. It is a subject of gratulation that the efforts which have been made for the suppression of this inhuman traffic have been recently attended with unusual success. Five vessels being fitted out for the slave trade have been seized and condemned. Two mates of vessels engaged in the trade, and one person in equipping a vessel as a slaver, have been convicted and subjected to the penalty of fine and imprisonment, and one captain, taken with a cargo of Africans on board his vessel, has been convicted of the highest grade of offence under our laws, the punishment of which is death (SENATE EXECUTIVE DOCUMENT, 37th Congress, 2d session, I, No. 1, page 13). INTERNATIONAL SLAVE TRADE NATHANIEL GORDON “Stack of the Artist of Kouroo” Project 53 HDT WHAT? INDEX
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February 4, Wednesday: President Abraham Lincoln denied the request of Captain Nathaniel Gordon that he be spared the penalty of death for his participation in the international slave trade: “It becomes my painful duty to admonish the prisoner that, relinquishing all expectation of pardon by Human Authority, he refer himself alone to the mercy of the Common God and Father of all men.”
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February 21, Friday: Early in the year the Confederate forces in Texas under General Henry Hopkins Sibley had invaded the territory of New Mexico. Their goal was to conquer the rich Colorado gold fields and redirect that resource from the North to the South. Advancing up the Rio Grande to Valverde, on this day General Sibley’s command clashed with Colonel Canby’s Union force. A day-long battle ended when the Confederates captured a battery of six guns and forced Canby’s troops across the river with Union losses of 68 killed and 160 wounded. Colonel of Volunteers Kit Carson’s battalions had spent the morning on the west side of the river out of the action, but at 1 P.M. Canby ordered them to cross. They fought until ordered to retreat, with losses of one volunteer killed, one wounded. Colonel Canby had little or no confidence in these hastily recruited, untrained New Mexico volunteers “who would not obey orders or obeyed them too late to be of any service.” In his battle report, however, he would commend Carson, among the other volunteer officers, for “zeal and energy.” After this battle Colonel Canby would be promoted to General and with most of his regular troops would receive orders to march toward the eastern front of the civil war, while Colonel of Volunteers Carson and his New Mexico Volunteers would continue to be fully occupied with their local “Indian affairs.”
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Captain Nathaniel Gordon had asked President Abraham Lincoln to commute his death sentence for having been caught slavetrading off the coast of Africa, but the president, although he had allowed the convicted slaver about two weeks to put his affairs in order, had refused on February 4th to commute the sentence. On this date, the seacaptain actually was escorted up the steps to a very special gallows that had been set up in the courtyard of the Tombs prison.87 This was the first gallows erected at ground level. There was no drop. Instead, an experimental arrangement of counterweights and pulleys had been set up, which you can see in the wooden box at the side of the gallows in the illustration below. The idea was to spare any pain to this very special capitalist being executed, by ensuring that he would not dangle and strangle in the manner in which so many common criminals met their fates. The sudden jerk upward was intended to guarantee the instant snapping of the neck.88 Marines surrounded the courtyard as depicted, ready for any rescue attempt. After US Marshal Robert Murray, representing the federal government, had read the sentence, the condemned man was asked if he had any final statements, and Gordon insisted “I have done nothing wrong” before the hood was drawn over his head and the noose placed around his neck. Gordon became the one and only American to have been executed for engaging in the international slave trade — which had ostensibly been since 1820 a capital crime:
The body would be retrieved by a friend and buried in an unmarked grave in Brooklyn. THE EXECUTION OF GORDON, THE SLAVE-TRADER Not the least important among the changes which are taking place in the current of national policy and public opinion is 87. This prison was a curious location for such an event, as slavetrading was legally defined as a type of piracy and pirates had always been hanged in the locale where the Maritime Code had jurisdiction, that is to say, on mud flats between the low-water and the high-water mark. However, bear in mind that it was not by chance that the city of New-York was selected as the city of execution for such a crime, for that port had been for some years the principal port of the world for the fitting out of negrero vessels, doing even more such business than the ports of Portland and Boston, so that, during eighteen months in the 1859-1860 timeframe, a total of 85 such slavers had been fitted out in New York harbor. 88. This attempt at human execution was America’s first. When the electric chair would come along in a considerably later timeframe, the intent would not be humanity, but a demonstration of the power of electricity, and potentially a demonstration that the alternating-current system sponsored by Edison was far more deadly and dangerous than the direct-current system sponsored by Westinghouse. –And humane execution by painless gas chamber would not begin until the following century. 56 Copyright Austin Meredith HDT WHAT? INDEX
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evidenced by the fact that on Friday, 21st February, in this city, Nathaniel Gordon was hung for being engaged in the slave- trade. For forty years the slave-trade has been pronounced piracy by law, and to engage in it has been a capital offense. But the sympathy of the Government and its officials has been so often on the side of the criminal, and it seemed so absurd to hang a man for doing at sea that which, in half the Union, is done daily without censure on land, that no one has ever been punished under the Act. The Administration of Mr. Lincoln has turned over a new leaf in this respect. Henceforth the slave- trade will be abandoned to the British and their friends. The hanging of Gordon is an event in the history of our country. He was probably the most successful and one of the worst of the individuals engaged in the trade. A native of Maine, he had engaged in the business many years since, and had always eluded justice. The particular voyage which proved fatal to him was undertaken in 1860. The following summary of the case we take from the Times: It was in evidence (given by Lieutenant Henry D. Todd, U.S.N.) that the ship Erie was first discovered by the United States steamer Mohican, on the morning of the 8th day of August, 1860; that she was then about fifty miles outside of the River Congo, on the West Coast of Africa, standing to the northward, with all sail set; that she was flying the American flag, and that a gun from the Mohican brought her to. It was shown by Lieutenant Todd that he went on board himself about noon, and took command of the prize. He found on board of the Erie, which our readers will remember was but 500 tons burden, eight hundred and ninety-seven (897) negroes, men, women, and children, ranging from the age of six months to forty years. They were half children, one-fourth men, and one-fourth women, and so crowded when on the main deck that one could scarcely put his foot down without stepping on them. The stench from the hold was fearful, and the filth and dirt upon their persons indescribably offensive. At first he of course knew nothing about them, and until Gordon showed him, he was unable to stow them or feed them -- finally he learned how, but they were stowed so closely that during the entire voyage they appeared to be in great agony. The details are sickening, but as fair exponents of the result of this close stowing, we will but mention that running sores and cutaneous diseases of the most painful as well as contagious character infected the entire load. Decency was unthought of; privacy was simply impossible — nastiness and wretchedness reigned supreme. From such a state of affairs we are not surprised to learn that, during the passage of fifteen days, twenty-nine of the sufferers died, and were thrown overboard. It was proved by one of the seamen that he, with others, shipped on the Erie, believing her to be bound upon a legitimate voyage, and that, when at sea they suspected, from the nature of the cargo, that all was not right, which suspicion they mentioned to the Captain (Gordon), who satisfied them by saying that he was on a lawful voyage, that they had shipped as sailors, and would do better to return to their duties than to talk to him. Subsequently they were told that they had shipped on a slaver,
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and that for every negro safely landed they should receive a dollar. The negroes were taken on board the ship on the 7th day of August, 1860, and the entire operation of launching and unloading nearly nine hundred negroes, occupied but three quarters of an hour, or less time than a sensible man would require for his dinner. As the poor creatures came over the side Gordon would take them by the arm, and shove them here or there, as the case might be, and if by chance their persons were covered from entire exposure by a strip of rag, he would, with his knife, cut it off, fling it overboard, and send the wretch naked with his fellows. Several of the crew testified, all agreeing that Gordon acted as Captain; that he engaged them; that he ordered them; that he promised them the $1 per capita; that he superintended the bringing on board the negroes; and that he was, in fact, the master-spirit of the entire enterprise. For this crime Gordon was arrested, tried, and, mainly through the energy of District-Attorney Smith, convicted, and sentenced to death. Immense exertions were made by his friends and the slave-trading interest to procure a pardon, or at least a commutation of his sentence, from President Lincoln, but without avail. He was sentenced to die on 21st. W.E. Burghardt Du Bois: The long and open agitation for the reopening of the slave-trade, together with the fact that the South had been more or less familiar with violations of the laws since 1808, led to such a remarkable increase of illicit traffic and actual importations in the decade 1850-1860, that the movement may almost be termed a reopening of the slave-trade. In the foreign slave-trade our own officers continue to report “how shamefully our flag has been used;”89 and British officers write “that at least one half of the successful part of the slave trade is carried on under the American flag,” and this because “the number of American cruisers on the station is so small, in proportion to the immense extent of the slave-dealing coast.”90 The fitting out of slavers became a flourishing business in the United States, and centred at New York City. “Few of our readers,” writes a periodical of the day, “are aware of the extent to which this infernal traffic is carried on, by vessels clearing from New York, and in close alliance with our legitimate trade; and that down-town merchants of wealth and respectability are extensively engaged in buying and selling African Negroes, and have been, with comparatively little interruption, for an indefinite number of years.”91 Another periodical says: “The number of persons engaged in the slave- trade, and the amount of capital embarked in it, exceed our powers of calculation. The city of New York has been until of late [1862] the principal port of the world for this infamous commerce; although the cities of Portland and Boston are only second to her in that distinction. Slave dealers added largely
89. Gregory to the Secretary of the Navy, June 8, 1850: SENATE EXECUTIVE DOCUMENT, 31 Congress, 1st session, XIV. No. 66, page 2. Cf. SENATE EXECUTIVE DOCUMENT, 31 Congress, 2d session, II. No. 6. 90. Cumming to Commodore Fanshawe, Feb. 22, 1850: SENATE EXECUTIVE DOCUMENT, 31 Congress, 1st session, XIV. No. 66, page 8. 91. New York Journal of Commerce, 1857; quoted in 24TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 56. 58 Copyright Austin Meredith HDT WHAT? INDEX
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to the wealth of our commercial metropolis; they contributed liberally to the treasuries of political organizations, and their bank accounts were largely depleted to carry elections in New Jersey, Pennsylvania, and Connecticut.”92 During eighteen months of the years 1859-1860 eighty-five slavers are reported to have been fitted out in New York harbor,93 and these alone transported from 30,000 to 60,000 slaves annually.94 The United States deputy marshal of that district declared in 1856 that the business of fitting out slavers “was never prosecuted with greater energy than at present. The occasional interposition of the legal authorities exercises no apparent influence for its suppression. It is seldom that one or more vessels cannot be designated at the wharves, respecting which there is evidence that she is either in or has been concerned in the Traffic.”95 On the coast of Africa “it is a well-known fact that most of the Slave ships which visit the river are sent from New York and New Orleans.”96 The absence of United States war-ships at the Brazilian station enabled American smugglers to run in cargoes, in spite of the prohibitory law. One cargo of five hundred slaves was landed in 1852, and the Correio Mercantil regrets “that it was the flag of the United States which covered this act of piracy, sustained by citizens of that great nation.”97 When the Brazil trade declined, the illicit Cuban trade greatly increased, and the British consul reported: “Almost all the slave expeditions for some time past have been fitted out in the United States, chiefly at New York.”98
92. “The Slave-Trade in New York,” in the Continental Monthly, January 1862, page 87. 93. New York Evening Post; quoted in Lalor, CYCLOPÆDIA, III. 733. 94. Lalor, CYCLOPÆDIA, III. 733; quoted from a New York paper. 95. FRIENDS’ APPEAL ON BEHALF OF THE COLOURED RACES (1858), Appendix, page 41; quoted from the Journal of Commerce. 96. 26TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, pages 53-4; quoted from the African correspondent of the Boston Journal. From April, 1857, to May, 1858, twenty-one of twenty-two slavers which were seized by British cruisers proved to be American, from New York, Boston, and New Orleans. Cf. 25TH REPORT OF THE AMERICAN ANTI-SLAVERY SOCIETY, page 122. De Bow estimated in 1856 that forty slavers cleared annually from Eastern harbors, clearing yearly $17,000,000: De Bow’s Review, XXII. 430-1. 97. SENATE EXECUTIVE DOCUMENT, 33d Congress, 1st session, VIII. No. 47, page 13. 98. HOUSE EXECUTIVE DOCUMENT, 34th Congress, 1st session, XII. No. 105, page 38. “Stack of the Artist of Kouroo” Project 59 HDT WHAT? INDEX
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COPYRIGHT NOTICE: In addition to the property of others, such as extensive quotations and reproductions of images, this “read-only” computer file contains a great deal of special work product of Austin Meredith, copyright 2013. Access to these interim materials will eventually be offered for a fee in order to recoup some of the costs of preparation. My hypercontext button invention which, instead of creating a hypertext leap through hyperspace —resulting in navigation problems— allows for an utter alteration of the context within which one is experiencing a specific content already being viewed, is claimed as proprietary to Austin Meredith — and therefore freely available for use by all. Limited permission to copy such files, or any material from such files, must be obtained in advance in writing from the “Stack of the Artist of Kouroo” Project, 833 Berkeley St., Durham NC 27705. Please contact the project at
“It’s all now you see. Yesterday won’t be over until tomorrow and tomorrow began ten thousand years ago.” – Remark by character “Garin Stevens” in William Faulkner’s INTRUDER IN THE DUST
Prepared: June 29, 2013
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ARRGH AUTOMATED RESEARCH REPORT
GENERATION HOTLINE
This stuff presumably looks to you as if it were generated by a human. Such is not the case. Instead, upon someone’s request we have pulled it out of the hat of a pirate that has grown out of the shoulder of our pet parrot “Laura” (depicted above). What these chronological lists are: they are research reports compiled by ARRGH algorithms out of a database of data modules which we term the Kouroo Contexture. This is data mining. To respond to such a request for information, we merely push a button.
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Commonly, the first output of the program has obvious deficiencies and so we need to go back into the data modules stored in the contexture and do a minor amount of tweaking, and then we need to punch that button again and do a recompile of the chronology — but there is nothing here that remotely resembles the ordinary “writerly” process which you know and love. As the contents of this originating contexture improve, and as the programming improves, and as funding becomes available (to date no funding whatever has been needed in the creation of this facility, the entire operation being run out of pocket change) we expect a diminished need to do such tweaking and recompiling, and we fully expect to achieve a simulation of a generous and untiring robotic research librarian. Onward and upward in this brave new world.
First come first serve. There is no charge. Place your requests with
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