The National Convention which in 1787 framed the Federal Constitution, despite its firmness and patriotism, was, like all public bodies, evidently not entirely devoid of a spirit of compromise. A majority of its members were desirous of freeing the institutions of the young nation from the burden of slavery, and yet they consented to engraft the following provision upon the body of our American fundamental law:—
"The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by Congress prior to the year 1808."
Congress was awake, however, even during the administration of Washington, to its duty in the matter, and an act was passed declaring the slave-trade to be piracy. Twenty years afterward the principal European sovereigns united in the same declaration, and so the execrable commerce was hurled beyond the pale of international law. There is now no probability that it will ever regain its rank 'on change.' But its illegitimation does not seem to have greatly circumscribed its activity. In the face of apparent danger, it has continued to flourish, and there has been hardly more risk to a pirate with a living cargo from Gaboon, than would be encountered by an ordinary merchantman from pirates in the Gulf. Indeed, there were many who believed and feared, prior to the breaking out of the present rebellion, that the next compromise between the North and South would be the repeal of all laws prohibiting the African slave-trade. So rapidly yet so insidiously was the South obtaining an entire control in the councils of the nation.
It was notorious that a large proportion of the vessels which were engaged in the infamous traffic were owned and fitted out by Northern capitalists. The General Government did not exert itself in good faith to carry out either its treaty stipulations nor the legislation of Congress in regard to the matter. If a vessel was captured, her owners were permitted to bond her, and thus continue her in the trade; and if any man was convicted of this form of piracy, the executive always interposed between him and the penalty of his crime. The laws providing for the seizure of vessels engaged in the traffic were so constructed as to render the duty unremunerative; and marshals now find their fees for such services to be actually less than their necessary expenses. No one who bears this fact in mind will be surprised at the great indifference of these officers to the continuing of the slave-trade; in fact, he will be ready to learn that the laws of Congress upon the subject had become a dead letter, and that the suspicion was well grounded that certain officers of the Federal Government had actually connived at their violation.
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 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. It was natural for the leaders of the party which they had aided, to accord to them, as an equivalent, many facilities for carrying on their business. There is indeed no occasion for wonder at the countenance and impunity long given to such auxiliaries. If a few of them chanced to be of Knickerbocker stock, and to bear the talisman which affords admission to the higher circles of Gothamite respectability, it is only what might have been expected. There are such men everywhere, even in the Tombs.
It requires no miraculous gift to be able to perceive why the late administration at Washington was sensitive as to the visitation of American vessels of doubtful character, by the officers of British cruisers. There was no principle at stake; but the slave-dealing interest had demanded as an immunity, that the piece of bunting known as the American flag should be allowed to protect from scrutiny every suspicious ship over which it should be raised. They had the power or influence to command; and the administration obeyed.
The present administration appears to have awakened somewhat to this subject. The principal appointments for the Atlantic ports were given to men of anti-slavery proclivities. The new marshal of the southern district of New York was of different material from his predecessors, and fortunately he was no novice. He was familiar with the habits of the men engaged in the slave trade; he was ambitious and eager to signalize himself for efficiency. In three months he had seized nine vessels, and arrested twenty-eight men who had outfitted, commanded, or served on them.
The Secretary of the Interior now resolved that the business should be broken up in every port of the United States. He accordingly issued an order to the several marshals of the States and districts lying upon the seaboard, directing them to assemble at the city of New York, on the fifteenth day of August, 1861, for the purpose of agreeing upon a system of measures for the effectual suppression of the slave-trade in American ports.
Burton's old Theatre, formerly dedicated to the 'sock and buskin,' and famous during the religious revival of 1858, was now occupied by this convention of marshals. Waiving unnecessary parliamentary usages, these ministers of the law sat with closed doors, and discussed familiarly the business in which they had engaged. They investigated carefully the whole subject in its minuter details, and visited the slave brigs and schooners which had been captured and were then lying at the Atlantic Dock in Brooklyn. A plan of operations was concerted, by which the marshals of the different districts should co-operate with each other in detecting and bringing to justice persons guilty of participating in the slave-trade. The results of this measure can not fail to be beneficial; and, indeed, the marshals have already become so active and efficient, that the capitalists who have maintained this branch of commerce are actually contemplating its transferment to European ports. So much for the convocation at Burton's Theatre. Let us now examine the principal features of the traffic, and the practices of those by whom it is conducted.
SLAVE DEALING IN NEW YORK.
The principal slave captains and chief officers of vessels engaged in the slave-trade have their residences and boarding-places in the eastern wards of the city, most of them being between James and Houston Streets. They are known to every one who has an investment in the business. Indeed, they are all members of a secret fraternity, having its signs, grips, and pass-words. 'While I was in Eldridge-street jail,' said one of them, 'Captain Loretti was captured and brought there. He did not know any one, but I shook hands with him, and we became acquainted at once.'
The arrival of a slave captain from one voyage is the signal for preparation for another. Negotiations are carried on, generally in the first-class hotels. The contracts for the City of Norfolk and several other notorious slavers were made at the Astor House. The risk of detection is less at such a public place than it would be at a private office.
A man who had failed in business on Greenwich Street was recently engaged in fitting out these vessels for their African voyage. He was first sent to procure apparatus for the refining of palm oil. This was but a blind, the practice being to take out the machinery, and employ the boiler for culinary purposes, until the vessels had got out to sea, and there was no farther necessity for duping inquisitive persons. This man was also commissioned to purchase wooden ware, champagne, and other necessary articles. Such were the business agents and their duty; all was liberally paid for and promptly supplied.
As soon as a vessel is ready and officered for the voyage, measures are taken to procure a crew. Slave-traders employ for this the services of 'runners,' who constitute a caste of pariahs of the most degraded kind. A conscientious scruple would seem never to enter into their calculations. They would hardly recognize a precept of the decalogue except by the circumstance of its violation. Earning their livelihood thus basely, debauchery and crime constitute their every-day history. These persons keep a record of the names of men who have served on slave ships, or been guilty of mutiny, or other villany. So accurate is their information and so expert are they in their estimate of character, that they seldom commit a blunder, or furnish a seaman who is not the man for the vocation. The crew which they select are indeed 'picked men.' They are of every nationality, and are taken from the seamen's boarding-houses in the lower wards of the city.
A few years since, the information was received in New York that a yacht was lying in Long Island Sound, and that circumstances warranted the suspicion that she was intended for the slave-trade. The marshal, with a display of enthusiastic zeal for the execution of the laws, proceeded to the place with a strong force of assistants, and took charge of the yacht; but subsequent investigations failed to criminate her. The reputed owner declared that he had fitted her out for a pleasure excursion; that was all. The vessel was discharged, and a few months afterward landed a cargo of negroes on the coast of Georgia. So easy has it been to deceive the Federal officers. The owner of the yacht afterward declared that he paid ten thousand dollars to get his vessel clear of the harbor of New York.
The obtaining of a clearance at the custom-house was not a very difficult matter. Slavers were never detained by any extraordinary curiosity on the part of those having cognizance of their departure. They had but to assume a transparent disguise, raise the American flag, and keep up the show till they arrived at the intermediate port. Here the national ensign was changed, the papers of the vessel were altered, and necessary arrangements were made for receiving a cargo of slaves.
Factories or agencies are maintained on the African coast, where the vessels obtain their living freight. The captains seldom go on shore except for purpose of observation. Each vessel generally takes with her from New York a Spaniard to transact the business. The complement being obtained, it only remains to get away and beyond the cruisers. The action of the Federal government, some years since, in relation to the visitation of vessels, has been effectual in impairing the energy of the British squadron, which has been maintained on the coast of Africa, pursuant to the treaty of Washington. As for the American squadron, it never co-operated heartily in the matter of suppressing the slave-trade; and the vessels were generally absent for the purpose of obtaining coal, or for repairs, whenever there was opportunity of making a capture.
But the capitalists of New York do not depend entirely upon these precautions. Their vessels are occasionally taken; and then the men on board must be protected, or they will disclose everything. Not only are appliances used to make an examination result in a discharge, but a corps of attorneys is kept under pay to defend those who fall within the clutches of the law. The impunity which has attended these men is notorious.
CAPTAIN LATHAM.
Some time ago the brig Cora was captured at sea and brought by a prize crew to the port of New York. Her commander, Captain Latham, was incarcerated in Eldridge-street jail. Hendrickson, the mate, was, however, permitted to communicate to his friends on shore, who procured a boat, pulled quietly to the side of the brig, received him on board, and took him ashore. His clothing and other property were conveyed to the office of the marshal, and he was not only permitted to go and take them away, but to visit his acquaintances in Eldridge-street jail. It was an easy matter to arrest him, but the marshal remarked to an associate that he did not care how the man made his money.
Captain Latham, meanwhile, remained at the jail. At the time referred to, that place would seem to have been as jovial and sociable as a club-room. The present marshal, not liking the arrangements, removed all the Federal prisoners to the Tombs, where they could be kept more securely and excluded from seeing improper visitors. The men who were engaged in the slave-trade were in the habit of visiting their friends in 'Eldridge Street,' and holding regular carousals. They were permitted to visit there, it is said, at late hours in the evening, and as early as seven o'clock in the morning. A man residing in the seventh ward, but doing business on South Street, would come of a Saturday night and pay the board of the officers of the captured slave vessel. A Spaniard named Sanchez, now a prisoner at the Tombs, was a frequent guest; and occasionally a marshal would be present. Others were also permitted. The prisoners whom they visited were allowed to come into the office; champagne and other liquors would be produced, and the company would have a 'good time.'
Captain Latham is one of the most ingenious men. He has learned the gipsy art of dyeing his face; and he can elude the closest observer. When he falls into the power of the ministers of the law, he is shielded by the efforts of the heaviest capitalists who have engaged in the slave-trade; and they honor all his demands. At his examination he was identified by the marshal's assistants, and by two persons who were employed at the custom-house. It was arranged, however, that when he should be arraigned for trial, each of these persons should profess himself to be unable to recognize him. One of them is said to have received five hundred dollars, and the others two hundred apiece, for this want of memory.
After remaining some twelve weeks at the jail, Captain Latham determined not to await a trial. He obtained the aid of one of the marshal's assistants; a 'friend' of his, who has a place of business in Wall Street, advancing three thousand dollars. One of his attorneys was also in the secret. A writ of habeas corpus was obtained from the recorder, and dismissed for want of jurisdiction. This was all done to elude suspicion. A ticket for a passage to Havana was procured; and on the day that the steamer was to sail, a carriage, in which were Sanchez, the marshal's assistant, and a friend, drove to the jail. Bidding farewell to his fellow-prisoners, some of whom knew what was going on, Latham left his apartments and took a seat by Sanchez. The four drove to the clothing warehouse of Brooks Brothers in Broadway, purchased a suit of clothing, and ordered another. It was now almost the hour for the steamer to leave. Latham returned to the carriage, and was driven to the pier, arriving there just in time to get on board. It is said that he has since returned to New York; but only his friends have recognized him. The men who aided his escape are now in prison.
It does not appear that the capitalists who are engaged in this traffic are as profuse toward other prisoners as they were to Captain Latham. There was among those who were removed from the jail to the City Prison, one man who had sailed as mate with Latham. When he was captured he was in the employment of a house in Beaver Street, which has also a branch in Havana. He too had formed a plan of escape by bribing a warden and getting a friend to personate one of the marshal's assistants, who should profess to come for him by an order from a commissioner. But when his wife applied to his employer for money to carry out this plan, she was dismissed with a solitary dollar. This prisoner had probably fallen from favor, and was therefore abandoned to the mercy of the law.
The names of the prominent slave-traders, their residences and places of business, are known to the marshal. Several of them have fled from the city; among them, a woman of wealth residing in St. Mark's Place. Their operations have been largely curtailed, and it has become almost impossible for a slaver to leave New York. With the concert of action agreed upon by the convention at Burton's Theatre, it is to be hoped that the slave-trade will be exterminated in every Northern port. Some legislation by Congress to increase the powers of the marshals, and efficient action on the part of the executive, are all that is now required to sweep the infamous commerce from the ocean.
Since the above was written, Captain Gordon, of the slaver Erie, has been convicted of piracy, before the United States Court for the Southern District of New York. It is needless to say that this conviction is the completest triumph which Freedom has yet gained in our country against her adversary. It indicates more clearly even than any event of the war, that Southern social influences are yielding, and that ere long we shall be free from all their taint. Like the defeat of Fernando Wood, like the breaking up of the Peace Party, like the rapidly progressing crusade against old political corruption, it shows that there is a reformation afoot which will work wonders, and prove to the world that the mass of corruption in this country, so generally attributed to the working of republican institutions, is in reality due to a diametrically opposite cause—to the influence of a party which in all its feelings is essentially that of despotism. May we all live to see its last trace obliterated from the free North.