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22 March 1794. country, to be transported to any foreign country, port or place whatever, to be sold or Vessels engaged disposed of as slaves. And if any ship or vessel shall be so fitted out as aforesaid,(a) for therein to be for the said purposes, or shall be caused to sail, so as aforesaid, (b) every such ship or vessel,

feited.

Ibid. 2.

her tackle, furniture, apparel and other appurtenances, shall be forfeited to the United States; (c) and shall be liable to be seized, prosecuted and condemned (d) in any of the circuit courts, or district court for the district where the said ship or vessel may be found and seized.

2. All and every person so building, fitting out, equipping, loading or otherwise prePenalty for know. paring or sending away any ship or vessel, knowing or intending that the same shall be ingly equipping employed in such trade or business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars, one moiety thereof to the use of the United States, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same.

vessels for the slave trade.

Ibid. 23. Owners, &c,

suspicion, be required to give

3. The owner, master or factor of each and every foreign ship or vessel clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave may, in case of trade, and the suspicion being declared to the officer of the customs by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond, with sufficient sureties, to the treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter.

bond.

Ibid. 24.

4. If any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons as above described ceiving persons in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit

Penalty for re

on board to be sold as slaves.

10 May 1800 2 1. 2 Stat. 70.

No resident to be interested in vessel engaged in the slave trade.

Forfeiture and penalty.

Ibid. ? 2.

Penalty for serv ing on board such vessel.

Ibid. 2 3.

To apply to ser vice on foreign

vessel.

Ibid. § 4.

and pay for each and every person so received on board, transported or sold as aforesaid,
the sum of two hundred dollars, to be recovered in any court of the United States proper
to try the same; the one moiety thereof to the use of the United States, and the other
moiety to the use of such person or persons who shall sue for and prosecute the same.
5. It shall be unlawful for any citizen of the United States, or other person residing
within the United States, directly or indirectly to hold or have any right or property in
any vessel employed (e) or made use of in the transportation or carrying of slaves from
one foreign country or place to another.(g) And any right or property, belonging as
aforesaid, shall be forfeited, and may be libelled and condemned for the use of the person
who shall sue for the same; and such person, transgressing the prohibition aforesaid,
shall also forfeit and pay a sum of money equal to double the value of the right or pro-
perty in such vessel, which he held as aforesaid; and shall also forfeit a sum of money
equal to double the value of the interest which he may have had in the slaves, which at
any time may have been transported or carried in such vessel, after the passing of this
act, and against the form thereof.

6. It shall be unlawful for any citizen of the United States or other person residing therein, to serve (h) on board any vessel of the United States employed or made use of (i) in the transportation or carrying of slaves from one foreign country or place to another. And any such citizen or other person, voluntarily serving as aforesaid, shall be liable to be indicted therefor, and on conviction thereof shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding two years. (k)

7. If any citizen of the United States shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter be employed in the slave trade, he shall, on convietion thereof, be liable to and suffer the like forfeitures, pains, disabilities and penalties as he would have incurred, had such ship or vessel been owned or employed, in whole or in part, by any person or persons residing within the United States.

8. It shall be lawful for any of the commissioned vessels of the United States, to seize and take any vessels employed in carrying on trade, business or traffic, contrary to the

(a) It is not necessary, in order to incur the forfeiture, that the equipments for the voyage should be completed; it is sufficient, if any preparations are made for the unlawful purpose. The Plattsburgh, 10 Wh. 133. United States v. Gooding, 12 Ibid. 460. The Emily and Caroline, 9 Ibid. 381.

(b) The forfeiture is not incurred by the building of the vessel for such illegal purpose, but only for the fitting out, or causing her to sail as aforesaid. The Caroline, 1 Brock. 384.

(c) The forfeiture, under this act, is of admiralty jurisdiction. United States v. La Vengeance, 3 Dall. 297.

(d) An information, under this act, is sufficient, if it pursue the words of the law, and the charge may be stated in the alternative, if each alternative constitute an offence which is a cause of forfeiture. The Emily and Caroline, 9 Wh. 381.

(e) This section prohibits not merely the transportation of slaves, but the being employed in the business of the slave trade; and, therefore, a vessel caught in such trade, though before she has taken slaves on board, is liable to forfeiture. The Alexander, 8 Mas. 175. United States v. The Catharine. 2 Paine, 721. (g) This extends to the carrying of slaves as freight from one port to another, in the same foreign kingdom. The Merino, 9

Wh. 391. If the master has knowledge that the slaves have been brought on board his vessel by the supercargo, on the coast of Africa, for the purpose of being transported to Brazil, and they are so transported, the vessel is forfeited. The Porpoise, 2 Curt. C. C. 307. The offence consists in transporting persons from one foreign country to another, with a view to their being sold as slaves; and the offence is complete when the vessel arrives at the place of destination, whether the slaves are sold or not. United States v. Smith, 4 Day, 127. This act, however, does not apply to a case where slaves are carried from one foreign port to another as passengers, and not for sale. Brig Tryphenia v. Harrison, 1 W. C. C. 522.

(h) This includes the master of the vessel. United States v. Kennedy, 4 W. C. C. 91. 2 Wh. Cr. Cas. xlvii.

(1) To constitute the offence punished by this section, it is not necessary that there be an actual transportation of slaves; it is enough that the vessel was bound to the coast of Africa, for the purpose of taking slaves on board, and that the defendant knowingly and voluntarily served on board such vessel. United States v. Morris, 14 Pet. 464.

(k) For form of indictment, see Whart. Prec. 1086-0.

[ocr errors]

seizure.

true intent and meaning of this or the said act to which this is in addition. And such 10 May 1800. vessel, together with her tackle, apparel and guns, and the goods or effects, other than such vessels te slaves, which shall be found on board, shall be forfeited, and may be proceeded against be liable to in any of the district or circuit courts, and shall be condemned for the use of the officers and crew of the vessel making the seizure, and be divided in the proportion directed in the case of prize. And all persons interested in such vessel, or in the enterprise or voyage Distribution of proceeds. in which such vessel shall be employed at the time of such capture, shall be precluded from all right or claim to the slaves found on board such vessel as aforesaid, and from Persons engaged to be precluded. all damages or retribution on account thereof. (a) And it shall moreover be the duty of the commanders of such commissioned vessels, to apprehend and take into custody every Persons on board person found on board of such vessel so seized and taken, being of the officers or crew to be apprehendthereof, and him or them convey as soon as conveniently may be, to the civil authority of the United States, in some one of the districts thereof, to be proceeded against in due course of law.

9. The district and circuit courts of the United States shall have cognisance of all acts and offences against the prohibitions herein contained.(b)

10. Nothing in this act contained shall be construed to authorize the bringing into either of the United States, any person or persons, the importation of whom is by the existing laws of such state prohibited.

ed.

Ibid. 25.

Ibid. 26.

Not to authorize importation of slaves.

Ibid. 27.

Distribution of

11. The forfeitures which shall hereafter be incurred under this, or the said act to which this is in addition, not otherwise disposed of, shall accrue and be, one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except forfeitures. where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

2 Stat. 428.

slaves on board

be employed to

12. If any ship or vessel shall be found, from and after the 1st day of January 1808, 2 March 1807 27 in any river, port, bay or harbor, or on the high seas within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto Vessels with or person of color, for the purpose of selling them as slaves, or with intent to land the to be forfeited. same in any port or place within the jurisdiction of the United States, contrary to the prohibition of this act, every such ship or vessel, together with her tackle, apparel and furniture, and the goods or effects which shall be found on board the same, shall be forfeited to the use of the United States, and may be seized, prosecuted and condemned in any court of the United States having jurisdiction thereof. (c) And it shall be lawful Naval forces to for the president of the United States, and he is hereby authorized, should he deem it enforce the act. expedient, to cause any of the armed vessels of the United States to be manned and employed to cruise on any part of the coast of the United States or territories thereof, where he may judge attempts will be made to violate the provisions of this act; and to instruct and direct the commanders of armed vessels of the United States, to seize, take and bring into any port of the United States all such ships or vessels, and moreover to seize, take and bring into any port of the United States, all ships or vessels of the United States, wheresoever found on the high seas, contravening the provisions of this act, to be Punishment of proceeded against according to law; and the captain, master or commander of every such ship or vessel, so found and seized as aforesaid, shall be deemed guilty of a high misdemeanor, and shall be liable to be prosecuted before any court of the United States having jurisdiction thereof; and being thereof convicted, shall be fined not exceeding ten thousand dollars, and be imprisoned not less than two years, and not exceeding four years. And the proceeds of all ships and vessels, their tackle, apparel and furniture, Proceeds, how and the goods and effects on board of them, which shall be so seized, prosecuted and condemned, shall be divided equally between the United States and the officers and men who shall make such seizure, take or bring the same into port for condemnation, whether such seizure be made by an armed vessel of the United States, or revenue cutters thereof; (d) and the same shall be distributed in like manner, as is provided by law, for the distribution of prizes taken from an enemy: Provided, That the officers and men to Disposition of be entitled to one-half of the proceeds aforesaid, shall safe keep every negro, mulatto or negroes found on person of color, found on board of any ship or vessel so by them seized, taken or brought into port for condemnation, and shall deliver every such negro, mulatto or person of color, to such person or persons as shall be appointed by the respective states to receive the same; (e) and if no such person or persons shall be appointed by the respective

(a) The owner of slaves transported contrary to the provisions of the act, cannot claim the same in a court of the United States, although they may be held in servitude according to the laws of his own country. But if, at the time of the capture by a commissioned vessel, the offending ship was in possession of a noncommissioned captor, who had made a seizure for the same offence, the owner of the slaves may claim; this section only applying to persons interested in the enterprise or voyage in which the ship was employed at the time of such capture. The Merino, 9 Wh.

391.

(b) Where the seizure is made on the high seas, the jurisdiction may be exercised by the court of any district into which the pro

masters, &c.

distributed.

board.

perty is carried, and there proceeded against. The Merino, 9 Wh 402. And, Americans who have participated in the slave trade in foreign ports, are indictable in any district in which they may be found. 5 Opin. 454.

(c) See United States v. The Kitty, Bee, 252. Any person may lawfully seize such vessel. The Josefa Segunda, 10 Wh. 329.

(d) This does not confer on the seizing officer a right to participate in the proceeds except where the seizure is made by armed vessels of the navy, or by revenue cutters. The Josefa Segunda, 10 Wh. 331.

(e) See 1 Opin. 534. Ibid. 434. United States v. Preston, 3 Pet. 65. Whart. C. L. § 2891.

2 March 1807. states, they shall deliver every such negro, mulatto or person of color to the overseers of the poor of the port or place where such ship or vessel may be brought or found; and shall immediately transmit to the governor or chief magistrate of the state, an account of their proceedings, together with the number of such negroes, mulattoes or persons of color, and a descriptive list of the same, that he may give directions respecting such negroes, mulattoes or persons of color.

porting slaves in Vessels of less

than 40 tons.

Ibid. 28. 13. No captain, master or commander of any ship or vessel, of less burthen than forty Penalty for trans- tons, shall, from and after the first day of January 1808, take on board and transport any negro, mulatto or person of color, to any port or place whatsoever, for the purpose of selling or disposing of the same as a slave, or with intent that the same may be sold or disposed of to be held to service or labor; on penalty of forfeiting for every such negro, mulatto or person of color, so taken on board and transported, as aforesaid, the sum of eight hundred dollars, one moiety thereof to the use of the United States, and the other moiety to any person or persons who shall sue for, and prosecute the same to effect: Provided however, That nothing in this section shall extend to prohibit the taking on board or transporting on any river, or inland bay of the sea, (a) within the jurisdiction of the United States, any negro, mulatto or person of color, (not imported contrary to the provisions of this act) in any vessel or species of craft whatever.

Except on the rivers and bays of the United

States.

Itit. 89. Vessels sailing coastwise, to insert description

manifests.

&c.

Collector or sur veyor to certify.

14. The captain, master or commander of any ship or vessel of the burthen of forty tons or more, from and after the first day of January 1808, sailing coastwise, from any port in the United States, to any port or place within the jurisdiction of the same, having of slaves intended on board any negro, mulatto or person of color, for the purpose of transporting them to for sale, in their be sold or disposed of as slaves, or to be held to service or labor, shall, previous to the departure of such ship or vessel, make out and subscribe duplicate manifests of every such negro, mulatto or person of color, on board such ship or vessel; therein specifying the name and sex of each person, their age and stature, as near as may be, and the class to which they respectively belong, whether negro, mulatto or person of color, with the name and place of residence of every owner or shipper of the same; and shall deliver such manifests to the collector of the port, if there be one, otherwise to the surveyor, Oath of master, before whom the captain, master or commander, together with the owner or shipper, shall severally swear or affirm to the best of their knowledge and belief, that the persons therein specified were not imported or brought into the United States, from and after the first day of January 1808, and that under the laws of the state, they are held to service or labor; whereupon the said collector or surveyor shall certify the same on the said manifests, one of which he shall return to the said captain, master or commander, with a permit, specifying thereon the number, names and general description of such persons, and authorizing him to proceed to the port of his destination. And if any ship or vessel, being laden and destined as aforesaid, shall depart from the port where she may then be, without the captain, master or commander having first made out and subscribed duplicate manifests, of every negro, mulatto and person of color, on board such ship or vessel, as aforesaid, and without having previously delivered the same to the said collector or surveyor, and obtained a permit, in manner as herein required, or shall, previous to her arrival at the port of her destination, take on board any negro, mulatto or person of color, other than those specified in the manifests, as aforesaid, every such ship or vessel, together with her tackle, apparel and furniture, shall be forfeited to the use of the United States, and may be seized, prosecuted and condemned in any court of the United States having jurisdiction thereof.() And the captain, master or commander of every such ship or vessel shall moreover forfeit, for every such negro, mulatto or person of color, so transported, or taken on board, contrary to the provisions of this act, the sum of one thousand dollars, one moiety thereof to the United States, and the other moiety to the use of any person or persons who shall sue for and prosecute the same to effect.

In case of neglect, vessel to be forfeited.

Penalty on mas

ter.

Ibid. 2 10.

manifest pre

such slaves.

15. The captain, master or commander of every ship or vessel, of the burthen of forty Master to deliver tons or more, from and after the first day of January 1808, sailing coastwise, and having on board any negro, mulatto or person of color, to sell or dispose of as slaves, or to be vious to landing held to service or labor, and arriving at any port within the jurisdiction of the United States, from any other port within the same, shall, previous to the unlading or putting on shore any of the persons aforesaid, or suffering them to go on shore, deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, the manifest certified by the collector or surveyor of the port from whence she sailed, as is Permit, when to herein before directed; to the truth of which, before such officer, he shall swear or affirm, be granted.

and if the collector or surveyor shall be satisfied therewith, he shall thereupon grant a permit for unlading or suffering such negro, mulatto or person of color, to be put on

(a) Vessels from Pontchartrain, by Lake Borgne and Pascagoula Bay to Mobile, and touching on their passage at intermediate places, are within this proviso. The object of the act is to prevent the slave trade by vessels from the sea, without evidence that the

slaves on board had been previously within the United States. 3 Opin. 512. Ibid. 581.

(b) See The Mary Ann, 8 Wh. 380, as to the requisites of a libel or information under this section.

shore.

mit.

And if the captain, master or commander of any such ship or vessel being laden 2 March 1807. as aforesaid, shall neglect or refuse to deliver the manifest at the time and in the manner Penalty for landherein directed, or shall land or put on shore any negro, mulatto or person of color, for ing without perthe purp se aforesaid, before he shall have delivered his manifest as aforesaid, and obtained a permit for that purpose, every such captain, master or commander, shall forfeit and pay ten thousand dollars, one moiety thereof to the United States, the other moiety to the use of any person or persons who shall sue for and prosecute the same to effect. 16. It shall not be lawful to import or bring, in any manner whatsoever, (a) into the 20 April 1818 & 1. United States or territories thereof, from any foreign kingdom, place or country, any negro, mulatto or person of color, with intent to hold, sell or dispose of any such negro, Importation of mulatto or person of color, as a slave, or to be held to service or labor. (b) And any ship, bited. negroes prohivessel or other water craft, employed in any importation as aforesaid, shall be liable to Vessels to be forseizure, prosecution and forfeiture in any district in which it may be found, (c) one-half thereof to the use of the United States, and the other half to the use of him or them who shall prosecute the same to effect.

3 Stat. 450.

feited.

Ibid. § 2.

slave trade to be

17. No citizen or citizens of the United States, or any other person or persons, shall, after the passing of this act, as aforesaid, for himself, themselves or any other person or Vessels built or persons whatsoever, either as master, factor or owner, build, fit, equip, load or otherwise equipped for the prepare, (d) any ship or vessel in any port or place within the jurisdiction of the United forfeited. States, nor cause any such ship or vessel to sail from any port or place whatsoever, (e) within the jurisdiction of the same, for the purpose of procuring any negro, mulatto or person of color, from any foreign kingdom, place or country, to be transported to any port or place whatsoever, to be held, sold or otherwise disposed of, as slaves, or to be held to service or labor. And if any ship or vessel shall be so built, fitted out, equipped, laden or otherwise prepared, for the purpose aforesaid, every such ship or vessel, her tackle, apparel, furniture and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for saiu forfeiture, and prosecute the same to effect; and such ship or vessel shall be liable to be seized, prosecuted and condemned in any court of the United States having competent jurisdiction.(g)

Ibid. 23.

Penalty for fit

for the slave

Ibid. & 4.

18. Every person or persons so building, fitting out, equipping loading or otherwise preparing or sending away, or causing any of the acts aforesaid to be done, with intent to employ such ship or vessel in such trade or business, after the passing of this act, con- ting out vessels trary to the true intent and meaning thereof, or who shall, in any wise, be aiding or trade. abetting therein, (h) shall, severally, on conviction thereof by due course of law, (i) forfeit and pay a sum not exceeding five thousand dollars, nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect; and shall moreover be imprisoned for a term not exceeding seven years nor less than three years. 19. If any citizen or citizens of the United States, or other person or persons resident within the jurisdiction of the same, shall, from and after the passing of this act, take on Penalty for reboard, receive or transport, (k) from any of the coasts or kingdoms of Africa, or from ceiving or trans any other foreign kingdom, place or country, or from sea, any negro, mulatto or person to be held in of color, not being an inhabitant nor held to service by the laws of either of the states slavery. or territories of the United States, in any ship, vessel, boat or other water craft, for the purpose of holding, selling or otherwise disposing of such person as a slave, or to be held to service or labor, or be aiding or abetting therein, every such person or persons so offending, shall, on conviction by due course of law, severally forfeit and pay a sum not exceeding five thousand nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect; and, moreover, shall suffer imprison- Vessel to be forment for a term not exceeding seven years nor less than three years. And every ship or vessel, boat or other water craft, on which such negro, mulatto or person of color shall have been taken on board, received or transported as aforesaid, her tackle, apparel and

(a) This act was not intended to prohibit the return of slaves, who should leave the United States. as servants of their owners, with intent to return after a short sojourn abroad. 1 Opin. 503. But, whether citizens who have been abroad on business, taking with them slaves, can lawfully bring them back, to be held in slavery, after several years' residence in a foreign country, depends upon whether the slaves had been taken and employed there, as their fixed and established domicile. 2 Ibid. 479. The act canuot be applied to persons of color, domiciled in the United States, who, having gone abroad, are brought back to their home. United States v. Skiddy, 11 Pet. 73. United States v. The Bark Ohio, 1 Newb. 409. See Whart. C. L. § 2893.

(b) The bringing to the port of New York, on board a schooner, a passenger from Tobago, who had with him a free colored servant. hired to him by his mother with his assent, and who came with him to live with and serve him in New York, is not a violation of the act. 5 Opin. 736.

(c) See 1 Opin. 618.

porting negroes

feited.

(d) Any preparations which clearly manifest and accompany in intent to prosecute a slave voyage, constitute a fitting out with in the act. United States v. Gooding, 12 Wh. 460. The Emily, 9 Ibid. 381. 5 Opin. 724.

(e) The offence of sailing from a port with an intent to engage in the slave trade, is not committed, unless the vessel sails out of the port. United States v. La Coste, 2 Mas. 129.

(g) See The Emily, 9 Wh. 381, for the requisites of an infor mation under this act.

(4) The act being a misdemeanor, all are principals; the words "aid and abet," are not used technically in the act. United States v. Gooding. 12 Wh. 460.

(i) For the requisites of an indictment, under this act. sce United States v. Gooding, 12 Wh. 460. United States v. La Coste, 2 Mas. 129. United States v. Smith, Ibid. 143. 2 Wh. Cr. Cas, xlvii. For forms of indictments, see Whart. Prec. 31082-5, 1090.

(k) This act extends to the carrying of slaves from one port to another, in the same foreign kingdom. The Merino, 9 Wh. 391.

20 April 1818. furniture, and the goods and effects which shall be found on board the same, or shall

Ibid. 25. How such ne

posed of.

have been imported therein in the same voyage, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for and prosecute the same to effect; and every such ship or vessel shall be liable to be seized, prosecuted and condemned in any court of the United States having competent jurisdiction.

20. Neither the importer or importers, nor any person or persons claiming from or under him or them, shall hold any right, interest or title whatsoever, in or to any negro, g100s to be dis- mulatto or person of color, nor to the service or labor thereof, who may be imported or brought into the United States or the territories thereof in violation of the provisions of this act; but the same shall remain subject to any regulations, not contravening said provisions, which the legislatures of the several states or territories may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto or person of color.

Ibid. 26.

Penalty for importing negroes States to be held

into the United

in slavery.

Ibid. 7.

negroes so im

ported.

21. If any person or persons whatsoever shall, from and after the passing of this act, bring within the jurisdiction of the United States, in any manner whatsoever, any negro, mulatto or person of color, from any foreign kingdom, place or country, or from sea, or shall hold, sell or otherwise dispose of, any such negro, mulatto or person of color, so brought in, as a slave, or to be held to service or labor, or be in any wise aiding or abetting therein, every person so offending shall, on conviction thereof by due course of law, forfeit and pay, for every such offence, a sum not exceeding ten thousand nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture, and prosecute the same to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years.

22. If any person or persons whatsoever shall hold, purchase, sell or otherwise dispose of, any negro, mulatto or person of color, for a slave or to be held to service or labor, Penalty for purchasing or selling who shall have been imported or brought, in any way, from any foreign kingdom, place or country, or from the dominions of any foreign state immediately adjoining to the United States, into any port or place within the jurisdiction of the United States, from and after the passing of this act, every person so offending, and every person aiding or abetting therein, shall severally forfeit and pay, for every negro, mulatto or person of color, so held, purchased, sold or disposed of, one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who may sue for such forfeiture, and prosecute the same to effect, and to stand committed until the said forfeiture be paid: Provided, That the aforesaid forfeiture shall not extend to the seller or purchaser of any negro, mulatto or person of color, who may be sold or disposed of in virtue of any regulations which have been heretofore, or shall hereafter be, lawfully made by any legislature of any state or territory in pursuance of this act and the constitution of the United States.

Ibid. 28.

23. In all prosecutions under this act, the defendant or defendants shall be holden to Burden of proof prove that the negro, mulatto or person of color, which he or they shall be charged with to rest on the de- having brought into the United States, or with purchasing, holding, selling or otherwise

fendant.

Ibid. 29. Limitation.

Ibid. 10.

disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, purchased or otherwise disposed of, contrary to the provisions of this act; and in failure thereof, the said defendant or defendants shall be adjudged guilty of the offence of which he or they may stand accused.

24. Any prosecution, information or action, may be sustained, for any offence under this act, at any time within five years after such offence shall have been committed, any law to the contrary notwithstanding.

25. That the first six sections of the act to which this is in addition, shall be and the Repeal of act of same are hereby repealed: Provided, That all offences committed under the said sections

1807.

8 March 1819 21. 8 Stat. 532.

of the act aforesaid, before the passing of this act, shall be prosecuted and punished, and any forfeitures which have been incurred under the same shall be recovered and distributed, as if this act had not been passed.

26. That the president of the United States be and he is hereby authorized, whenever he shall deem it expedient, to cause any of the armed vessels of the United States to be Naval forces to employed to cruise on any of the coasts of the United States, or territories thereof, or of be employed in prevention of the the coast of Africa, or elsewhere, where he may judge attempts may be made to carry on alave trade the slave trade by citizens or residents of the United States, in contravention of the acts of congress prohibiting the same; and to instruct and direct the commanders of all armed vessels of the United States, to seize, take and bring into any port of the United States, (a)

(a) See La Jeune Eugenie, 2 Mas. 409. 2 Opin. 365.

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