60. Enforcement of the Act. The period so confidently looked forward to by the constitutional fathers had at last arrived; the slave-trade was prohibited, and much oratory and poetry were expended in celebration of the event.  In the face of this, let us see how the Act of 1807 was enforced and what it really accomplished.  It is noticeable, in the first place, that there was no especial set of machinery provided for the enforcement of this act.  The work fell first to the Secretary of the Treasury, as head of the customs collection.  Then, through the activity of cruisers, the Secretary of the Navy gradually came to have oversight, and eventually the whole matter was lodged with him, although the Departments of State and War were more or less active on different occasions.  Later, at the advent of the Lincoln government, the Department of the Interior was charged with the enforcement of the slave-trade laws.  It would indeed be surprising if, amid so much uncertainty and shifting of responsibility, the law were not poorly enforced.  Poor enforcement, moreover, in the years 1808 to 1820 meant far more than at almost any other period; for these years were, all over the European world, a time of stirring economic change, and the set which forces might then take would in a later period be unchangeable without a cataclysm.  Perhaps from 1808 to 1814, in the midst of agitation and war, there was some excuse for carelessness.  From 1814 on, however, no such palliation existed, and the law was probably enforced as the people who made it wished it enforced.

Most of the Southern States rather tardily passed the necessary supplementary acts disposing of illegally imported Africans.  A few appear not to have passed any.  Some of these laws, like the Alabama-Mississippi Territory Act of 1815,[66] directed such Negroes to be “sold by the proper officer of the court, to the highest bidder, at public auction, for ready money.”  One-half the proceeds went to the informer or to the collector of customs, the other half to the public treasury.  Other acts, like that of North Carolina in 1816,[67] directed the Negroes to “be sold and disposed of for the use of the state.”  One-fifth of the proceeds went to the informer.  The Georgia Act of 1817[68] directed that the slaves be either sold or given to the Colonization Society for transportation, providing the society reimburse the State for all expense incurred, and pay for the transportation.  In this manner, machinery of somewhat clumsy build and varying pattern was provided for the carrying out of the national act.

61. Evidence of the Continuance of the Trade. Undoubtedly, the Act of 1807 came very near being a dead letter.  The testimony supporting this view is voluminous.  It consists of presidential messages, reports of cabinet officers, letters of collectors of revenue, letters of district attorneys, reports of committees of Congress, reports of naval commanders, statements made on the floor of Congress, the testimony of eye-witnesses, and the complaints of home and foreign anti-slavery societies.