WASHINGTON, _May 19, 1860_.
_To the Senate and House of Representatives_:
On the 26th day of April last Lieutenant Craven, of the United States
steamer _Mohawk_, captured the slaver _Wildfire_ on the coast of Cuba,
with 507 African negroes on board. The prize was brought into Key West
on the 31st April and the negroes were delivered into the custody of
Fernando J. Moreno, marshal of the southern district of Florida.
The question which now demands immediate decision is, What disposition
shall be made of these Africans? In the annual message to Congress of
December 6, 1858, I expressed my opinion in regard to the construction
of the act of the 3d March, 1819, "in addition to the acts prohibiting
the slave trade," so far as the same is applicable to the present case.
From this I make the following extract:
Under the second section of this act the President is "authorized to
make such regulations and arrangements as he may deem expedient for the
safe-keeping, support, and removal beyond the limits of the United
States of all such negroes, mulattoes, or persons of color" captured by
vessels of the United States as may be delivered to the marshal of the
district into which they are brought, "and to appoint a proper person
or persons residing upon the coast of Africa as agent or agents for
receiving the negroes, mulattoes, or persons of color delivered from on
board vessels seized in the prosecution of the slave trade by commanders
of United States armed vessels."
A doubt immediately arose as to the true construction of this act. It is
quite clear from its terms that the President was authorized to provide
"for the safe-keeping, support, and removal" of these negroes up till
the time of their delivery to the agent on the coast of Africa, but no
express provision was made for their protection and support after they
had reached the place of their destination. Still, an agent was to be
appointed to receive them in Africa, and it could not have been supposed
that Congress intended he should desert them at the moment they were
received and turn them loose on that inhospitable coast to perish for
want of food or to become again the victims of the slave trade. Had this
been the intention of Congress, the employment of an agent to receive
them, who is required to reside on the coast, was unnecessary, and they
might have been landed by our vessels anywhere in Africa and left
exposed to the sufferings and the fate which would certainly await them.
Mr. Monroe, in his special message of December 17, 1819, at the first
session after the act was passed, announced to Congress what in his
opinion was its true construction. He believed it to be his duty under
it to follow these unfortunates into Africa and make provision for
them there until they should be able to provide for themselves. In
communicating this interpretation of the act to Congress he stated that
some doubt had been entertained as to its true intent and meaning, and
he submitted the question to them so that they might, "should it be
deemed advisable, amend the same before further proceedings are had
under it." Nothing was done by Congress to explain the act, and Mr.
Monroe proceeded to carry it into execution according to his own
interpretation. This, then, became the practical construction.
Adopting this construction of President Monroe, I entered into an
agreement with the Colonization Society, dated 7th September, 1858, to
receive the Africans which had been captured on the slaver _Echo_ from
the agent of the United States in Liberia, to furnish them during the
period of one year thereafter with comfortable shelter, clothing, and
provisions, and to cause them to be instructed in the arts of civilized
life suitable to their condition, at the rate of $150 for each
individual. It was believed that within that period they would be
prepared to become citizens of Liberia and to take care of themselves.
As Congress was not then in session and as there was no outstanding
appropriation applicable to this purpose, the society were obliged to
depend for payment on the future action of that body. I recommended
this appropriation, and $75,000 were granted by the act of 3d March,
1859 (the consular and diplomatic bill), "to enable the President of the
United States to carry into effect the act of Congress of 3d March, 1819,
and any subsequent acts now in force for the suppression of the slave
trade." Of this appropriation there remains unexpended the sum of
$24,350.90, after deducting from it an advance made by the Secretary
of the Interior out of the judiciary fund of $11,348.10.
I regret to say that under the mode adopted in regard to the Africans
captured on board the _Echo_ the expense will be large, but this seems
to a great extent to be inevitable without a violation of the laws of
humanity. The expenditure upon this scale for those captured on board
the _Wildfire_ will not be less than $100,000, and may considerably exceed
that sum. Still, it ought to be observed that during the period when the
Government itself, through its own agents, undertook the task of providing
for captured negroes in Africa the cost per head was much greater
than that which I agreed to pay the Colonization Society.
But it will not be sufficient for Congress to limit the amount appropriated
to the case of the _Wildfire_. It is probable, judging from the
increased activity of the slave trade and the vigilance of our cruisers,
that several similar captures may be made before the end of the year.
An appropriation ought therefore to be granted large enough to cover
such contingencies.
The period has arrived when it is indispensable to provide some specific
legislation for the guidance of the Executive on this subject. With this
view I would suggest that Congress might authorize the President to
enter into a general agreement with the Colonization Society binding
them to receive on the coast of Africa, from an agent there, all the
captured Africans which may be delivered to him, and to maintain them
for a limited period, upon such terms and conditions as may combine
humanity toward these unfortunates with a just economy. This would
obviate the necessity of making a new bargain with every new capture
and would prevent delay and avoid expense in the disposition of the
captured. The law might then provide that in all cases where this may be
practicable the captor should carry the negroes directly to Africa and
deliver them to the American agent there, afterwards bringing the
captured vessel to the United States for adjudication.
The capturing officer, in case he should bring his prize directly to the
United States, ought to be required to land the negroes in some one or
more ports, to be designated by Congress, where the prevailing health
throughout the year is good. At these ports cheap but permanent
accommodations might be provided for the negroes until they could be
sent away, without incurring the expense of erecting such accommodations
at every port where the capturing officer may think proper to enter. On
the present occasion these negroes have been brought to Key West, and,
according to the estimate presented by the marshal of the southern
district of Florida to the Secretary of the Interior, the cost of
providing temporary quarters for them will be $2,500 and the aggregate
expenses for the single month of May will amount to $12,000. But this is
far from being the worst evil. Within a few weeks the yellow fever will
most probably prevail at Key West, and hence the marshal urges their
removal from their present quarters at an early day, which must be done,
in any event, as soon as practicable. For these reasons I earnestly
commend this subject to the immediate attention of Congress. I transmit
herewith a copy of the letter and estimate of Fernando J. Moreno,
marshal of the southern district of Florida, to the Secretary of the
Interior, dated 10th May, 1860, together with a copy of the letter of
the Secretary of the Interior to myself, dated 16th May.
It is truly lamentable that Great Britain and the United States should
be obliged to expend such a vast amount of blood and treasure for the
suppression of the African slave trade, and this when the only portions
of the civilized world where it is tolerated and encouraged are the
Spanish islands of Cuba and Porto Rico.