In the courts it was still next to impossible to secure the punishment of the most notorious slave-trader.  In 1847 a consul writes:  “The slave power in this city [i.e., Rio Janeiro] is extremely great, and a consul doing his duty needs to be supported kindly and effectually at home.  In the case of the ‘Fame,’ where the vessel was diverted from the business intended by her owners and employed in the slave trade—­both of which offences are punishable with death, if I rightly read the laws—­I sent home the two mates charged with these offences, for trial, the first mate to Norfolk, the second mate to Philadelphia.  What was done with the first mate I know not.  In the case of the man sent to Philadelphia, Mr. Commissioner Kane states that a clear prima facie case is made out, and then holds him to bail in the sum of one thousand dollars, which would be paid by any slave trader in Rio, on the presentation of a draft.  In all this there is little encouragement for exertion."[40] Again, the “Perry” in 1850 captured a slaver which was about to ship 1,800 slaves.  The captain admitted his guilt, and was condemned in the United States District Court at New York.  Nevertheless, he was admitted to bail of $5,000; this being afterward reduced to $3,000, he forfeited it and escaped.  The mate was sentenced to two years in the penitentiary.[41] Also several slavers sent home to the United States by the British, with clear evidence of guilt, escaped condemnation through technicalities.[42]

79. Activity of the Slave-Trade, 1820-1850. The enhanced price of slaves throughout the American slave market, brought about by the new industrial development and the laws against the slave-trade, was the irresistible temptation that drew American capital and enterprise into that traffic.  In the United States, in spite of the large interstate traffic, the average price of slaves rose from about $325 in 1840, to $360 in 1850, and to $500 in 1860.[43] Brazil and Cuba offered similar inducements to smugglers, and the American flag was ready to protect such pirates.  As a result, the American slave-trade finally came to be carried on principally by United States capital, in United States ships, officered by United States citizens, and under the United States flag.

Executive reports repeatedly acknowledged this fact.  In 1839 “a careful revision of these laws” is recommended by the President, in order that “the integrity and honor of our flag may be carefully preserved."[44] In June, 1841, the President declares:  “There is reason to believe that the traffic is on the increase,” and advocates “vigorous efforts."[45] His message in December of the same year acknowledges:  “That the American flag is grossly abused by the abandoned and profligate of other nations is but too probable."[46] The special message of 1845 explains at length that “it would seem” that a regular policy of evading the laws is carried on:  American vessels with the knowledge of the owners are chartered by