The Suppression of the African Slave-Trade to the United States of America, 1638-1870
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HARVARD HISTORICAL STUDIES PUBLISHED UNDER THE DIRECTION OF THE DEPARTMENT OF HISTORY AND GOVERNMENT FROM THE INCOME OF enrr Warren Corre^ Jfunn VOLUME I. HUS VGG>=, THE SUPPRESSION OF THE AFRICAN SLAVE-TRADE TO THE UNITED STATES OF AMERICA 1638-1870 BY W. E. BURGHARDT Du BOIS, PH.D. (HARV.) SOMETIME FELLOW OF HARVARD UNIVERSITY PROFESSOR IN WILBERFORCE UNIVERSITY NEW IMPRESSION NEW YORK LONGMANS, GREEN, AND CO. LONDON AND BOMBAY 1904 Copyright, 1896, BY THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE. First Edition, October, 1896 Reprinted February, 1904 UNIVERSITY PRESS: JOHN WILSON AND SON, CAMBRIDGE, U.S.A. PREFACE. monograph was begun during my residence as THISRogers Memorial Fellow at Harvard University, and is based mainly upon a study of the sources, i. e., national, State, and colonial statutes, Congressional doc- uments, reports of societies, personal narratives, etc. The collection of laws available for this research was, I on the other facts and think, nearly complete ; hand, statistics bearing on the economic side of the study have been difficult to find, and my conclusions are conse- quently liable to modification from this source. The question of the suppression of the slave-trade is so intimately connected with the questions as to its rise, the system of American slavery, and the whole colonial policy of the eighteenth century, that it is difficult to isolate at it, and the same time to avoid superficiality on the one hand, and unscientific narrowness of view on the other. While I could not hope entirely to overcome a such difficulty, I nevertheless trust that I have suc- ceeded in rendering this monograph a small contribu- tion to the scientific study of slavery and the American Negro. vi PREFACE. I desire to express my obligation to Dr. Albert Bush- nell Hart, of Harvard University, at whose suggestion I began this work and by whose kind aid and encourage- ment I have it to a close also I have to thank brought ; the trustees of the John F. Slater Fund, whose appoint- ment made it possible to test the conclusions of this study by the general principles laid down in German universities. W. E. BURGHARDT Du BOIS. WlLBERFORCE UNIVERSITY, March, 1896. CONTENTS. CHAPTER I. INTRODUCTORY. PAGE 1. Plan of the Monograph i 2. The Rise of the English Slave-Trade i CHAPTER II. THE PLANTING COLONIES. 3. Character of these Colonies 7 4. Restrictions in Georgia 7 5. Restrictions in South Carolina 9 6. Restrictions in North Carolina 1 1 7. Restrictions in Virginia 12 8. Restrictions in Maryland 14 9. General Character of these Restrictions 15 CHAPTER III. THE FARMING COLONIES. 10. Character of these Colonies 16 11. The Dutch Slave-Trade 17 12. Restrictions in New York 18 13. Restrictions in Pennsylvania and Delaware 20 14. Restrictions in New Jersey 24 15. General Character of these Restrictions 25 viii CONTENTS. CHAPTER IV. THE TRADING COLONIES. PAGE Character of these 16. Colonies 27 New 17. England and the Slave-Trade 27 18. Restrictions in New Hampshire 29 19. Restrictions in Massachusetts 30 20. Restrictions in Rhode Island 33 21. Restrictions in Connecticut 37 22. General Character of these Restrictions 37 CHAPTER V. THE PERIOD OF THE REVOLUTION, 1774-1787. 23. The Situation in 1774 39 24. The Condition of the Slave-Trade 40 25. The Slave-Trade and the "Association" 41 26. The Action of the Colonies 42 27. The Action of the Continental Congress 44 28. Reception of the Slave-Trade Resolution 45 29. Results of the Resolution 47 30. The Slave-Trade and Public Opinion after the War 48 31. The Action of the Confederation 50 CHAPTER VI. THE FEDERAL CONVENTION, 1787. 32. The First Proposition 53 33. The General Debate 54 " " 34. The Special Committee and the Bargain 58 35. The Appeal to the Convention 59 36. Settlement by the Convention 61 37. Reception of the Clause by the Nation 62 38. Attitude of the State Conventions , 65 39. Acceptance of the Policy 68 CONTENTS. IX CHAPTER VII. TOUSSAINT L'OUVERTURE AND ANTI-SLAVERY EFFORT, 1787-1807. PAGE 40. Influence of the Haytian Revolution 7 41. Legislation of the Southern States 7* 2 42. Legislation of the Border States 7 43. Legislation of the Eastern States 73 44. First Debate in Congress, 1789 74 45. Second Debate in Congress, 1790 75 8 46. The Declaration of Powers, 1790 7 80 47. The Act of 1794 81 48. The Act of 1800 49. The Act of 1803 84 50. State of the Slave-Trade from 1789 to 1803 85 86 51. The South Carolina Repeal of 1803 52. The Louisiana Slave-Trade, 1803-1805 87 53. Last Attempts at Taxation, 1805-1806 91 2 54. Key-Note of the Period 9 CHAPTER VIII. THE PERIOD OF ATTEMPTED SUPPRESSION, 1807-1825. 55. The Act of 1807 94 56. The First Question : How shall illegally imported Africans be disposed of ? 96 57. The Second Question : How shall Violations be punished ? . 102 58. The Third Question : How shall the Interstate Coastwise Slave- Trade be protected ? 104 59. Legislative History of the Bill 105 60. Enforcement of the Act 108 61. Evidence of the Continuance of the Trade 109 62. Apathy of the Federal Government 1 12 63. Typical Cases 117 64. The Supplementary Acts, 1818-1820 118 65. Enforcement of the Supplementary Acts, 1818-1825 123 c CONTENTS. CHAPTER IX. THE INTERNATIONAL STATUS OF THE SLAVE-TRADE, 1783-1862. PAGE 66. The Rise of the Movement against the Slave-Trade, 1788-1807 . 131 67. Concerted Action of the Powers, 1783-1814 133 68. Action of the Powers from 1814 to 1820 134 69. The Struggle for an International Right of Search, 1820-1840 . 136 70. Negotiations of 1823-1825 138 71. The Attitude of the United States and the State of the Slave- Trade 141 72. The Quintuple Treaty, 1839-1842 143 73. Final Concerted Measures, 1842-1862 146 CHAPTER X. THE RISE OF THE COTTON KINGDOM, 1820-1850. 74. The Economic Revolution 151 75. The Attitude of the South 154 76. The Attitude of the- North and Congress 155 77. Imperfect Application of the Laws 158 16-1 78. Responsibility of the Government 162 79. Activity of the Slave-Trade, 1820-1850 CHAPTER XI. THE FINAL CRISIS, 1850-1870. 80. The Movement against the Slave-Trade Laws 168 81. Commercial Conventions of 1855-1856 169 82. Commercial Conventions of 1857-1858 170 J 2 83. Commercial Convention of 1859 7 84. Public Opinion in the South 173 85. The Question in Congress 175 86. Southern Policy in 1860 176 87. Increase of the Slave-Trade from 1850 to 1860 178 CONTENTS. xi PAGE 88. Notorious Infractions of the Laws 180 89. Apathy of the Federal Government 183 90. Attitude of the Southern Confederacy 188 Attitude of the 91. United States 191 CHAPTER XII. THE ESSENTIALS IN THE STRUGGLE. 92. How the Question Arose 194 93. The Moral Movement 195 94. The Political Movement 196 95. The Economic Movement 197 96. The Lesson for Americans 197 APPENDICES. A. A Chronological Conspectus of Colonial and State Legislation restricting the African Slave-Trade, 1641-1787 201 B. A Chronological Conspectus of State, National, and International Legislation, 1788-1871 230 C. Typical Cases of Vessels engaged in the American Slave-Trade, 1619-1864 289 D. Bibliography 299 INDEX 327 CHAPTER I. INTRODUCTORY. 1. Plan of the Monograph. 2. The Rise of the English Slave-Trade. 1. Plan of the Monograph. This monograph proposes to set forth the efforts made in the United States of America, from early colonial times until the present, to limit and suppress the trade in slaves between Africa and these shores. The study begins with the colonial period, setting forth in brief the attitude of England and, more in detail, the attitude of the planting, farming, and trading groups of colonies toward the slave-trade. It deals next with the first concerted effort against the trade and with the further action of the individual States. The important work of the Constitutional Convention follows, together with the history of the trade in that critical period which preceded the Act of 1807. The attempt to sup- press the trade from 1807 to 1830 is next recounted. A chapter then deals with the slave-trade as an international problem. Finally the development of the crises up to the Civil War is with the to the final studied, together steps leading suppression ; and a concluding chapter seeks to sum up the results of the in- vestigation. Throughout the monograph the institution of slavery and the interstate slave-trade are considered only incidentally. 2. The Rise of the English Slave-Trade. Any attempt to con- sider the attitude of the English colonies toward the African slave-trade must be prefaced by a word as to the attitude of England herself and the development of the trade in her hands. 1 1 This account is based largely on the Report of the Lords of the Com- mittee of Council, etc. (London, 1789). 2 INTRODUCTORY. [CHAP. I. Sir John Hawkins's celebrated voyage took place in 1562, 1 but probably not until 163 1 did a regular chartered company 2 undertake to carry on the trade. This company was unsuc- 3 " cessful, and was eventually succeeded by the Company of Royal Adventurers trading to Africa," chartered by Charles II. in 1662, and including the Queen Dowager and the Duke of 4 York. The company contracted to supply the West Indies with three thousand slaves annually; but contraband trade, misconduct, and war so reduced it that in 1672 it surrendered 5 its charter to another company for ^34,ooo.