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erman's share of such fish, and may be proceeded against in the same form, and to the same effect, as any other vessel for the wages of seamen in the merchant service, upon such process for the value of a share or shares of the proceeds of fish delivered and sold.(1)
1567. The owner or his agent shall produce a just account of the sales and division of such fish, according to such agreement; otherwise the vessel shall be answerable, upon such process, for what may be the highest value of the share or shares demanded. But in all cases the owner or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyage, and of other supplies therefor made, to either of the demandants, and produce evidence thereof in answer to their demands, respectively and judgment shall be rendered upon such process for the respective balances which, upon such an inquiry, shall appear.(1)
1568. When process shall be issued against any vessel, if the owner, or his agent, will give bond to each fisherman in whose favour such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish, or the proceeds thereof, as aforesaid.(1)
OF THE SLAVE TRADE.
Of the Prohibition of the Importation of Slaves into the United States.
selling, &c. any negro, &c. so imported as a slave Penalty on holding, purchasing, selling, &c. as a slave, any negro, &c. imported from a foreign country, or from the dominions of any foreign state adjoining to the U. S. 1576 Exceptions from the last above penalty
1577 In prosecutions, under act 20th April, 1818, defendant to prove that negro, &c. was brought into the U. S. at least five years previous to commencement of prosecution Limitation of prosecution under such act
(1) Act 19th June, 1813, sec. 2.
ART. 1569. No master of any vessel, or other person, shall import or cause to be imported any negro, mulatto, or other person of colour, not a native, a citizen, or registered seaman of the United States, or a seaman native of some country beyond the Cape of Good Hope, into any place of the United States, situated in any state which by law has prohibited, or shall prohibit, the importation of such negro, mulatto, or other person of colour.(1)
1570. And if any person shall import, or cause to be imported, into any such place, any persons whose importation is so prohibited, he shall forfeit and pay the sum of one thousand dollars for every such person so imported; to be sued for and recovered by action of debt, in any court of the United States, one half to the use of the United States, and the other to the prosecutor; and in such action the defendant may be held to special bail. But nothing herein contained shall be construed to prohibit the admission of Indians.(1)
1571. No vessel arriving at such place, having on board any negro, mulatto, or other person of colour, except as above excepted, shall be admitted to entry. And if any person, where importation is so prohibited, shall be landed from any vessel at such place, or on the coast of any state prohibiting such importation, the vessel, with her tackle, apparel, and furniture, shall be forfeited to the United States, and half of the proceeds of the sale thereof to the person on whose information the seizure on such forfeiture shall be made.(2)
1572. The collectors and all other revenue officers in places so situated, shall be governed by, and carry into effect, every law of the United States to the contrary notwithstanding, the laws now existing of the several states prohibiting the importation of negroes, mulattoes, or other persons of colour.(3)
1573. No negro, mulatto, or other person of colour, shall be imported into the United States, from any foreign country, with intent to hold, sell, or dispose of such person as a slave, or to hold to service or labour. And any vessel employed in such importation, shall be liable to seizure and forfeiture, in any district in which she may be found-one half to the United States, and the other to the prosecutor.(4)
1574. Neither the importer, nor any person claiming under him, shall hold any right, interest, or title, in or to any negro, mulatto, or person of colour, nor to the service or labour thereof, who may be imported into the United States, or the territories thereof, in violation of the act of 20th April, 1818, but such negro, or other person of colour, shall remain subject to any regulations not contravening such act, which have been or may hereafter
(1) Act 28th Feb. 1803, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
(4) Act 20th April, 1818, sec. 1.
be made by the legislatures of the several states or territories, for the disposing of such person of colour.(1)*
1575. If any person shall bring within the jurisdiction of the United States, in any manner, any person of colour, from any foreign country, or from sea, or shall hold, sell, or otherwise dispose of such person of colour so brought in, as a slave, or to be held to service or labour, or be in any wise aiding or abetting therein, he shall, on conviction, forfeit and pay for every such offence, a sum not exceeding ten thousand, nor less than one thousand dollars, one moiety to the United States, and the other to the prosecutor, and shall suffer imprisonment, for a term not exceeding seven, nor less than three, years.(2)
1576. If any person shall hold, purchase, sell, or otherwise dispose of, any negro, mulatto, or person of colour, for a slave, or to be held to service or labour, who shall have been imported in any vessel from any foreign country, or from the dominions of any foreign state, immediately adjoining to the United States, into any place within the jurisdiction of the United States, he, with every person aiding or abetting therein, shall, severally, forfeit and pay for every negro, mulatto, or person of colour, held, purchased, sold, or disposed of, one thousand dollars, one moiety to the United States, and the other to the prosecutor, and shall stand committed until such forfeiture be paid.(3)
1577. But such forfeiture shall not extend to the seller or purchaser of any negro, mulatto, or person of colour, who may be sold by virtue of any regulation made, or to be made, by any state or territory, pursuant to the act of 20th April, 1818, and the constitution of the United States.(4)
1578. In all prosecutions under the act of 20th April, 1818, the defendant shall prove that the negro, mulatto, or person of colour, who he shall be charged with having brought into the United States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, he shall have so brought in, 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 such act: or on failure thereof, he shall be adjudged guilty of the offence of which he may stand accused.(5)
1579. The prosecution for any offence under such act, may be sustained within five years after such offence shall have been committed.(6)
1580. If any vessel shall be found in any river, port, bay or harbour, 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, or person of colour, for the purpose of selling him as a slave, or with intent to land him in any place within the United States, contrary to law, she, together with her tackle, apparel and furniture, and the goods which shall be found on board, shall be forfeited to the United States, and may be seized,
(1) Act 20th April, 1818, sec. 5.
(2) Ibid. sec. 6.
(3) Ibid. sec. 7.
(4) Ibid. sec. 7.
* The district courts have jurisdiction to determine who are the actual captors under a state law, made in pursuance of the preceding article, and to direct the proceeds of the sale of the negroes, to be paid, "one moiety to the use of the commanding officer of the capturing vessel."-10 Wheat. Rep. 322.
prosecuted and condemned in any court of the United States, having jurisdiction thereof.(1)
1581. The president may, should he deem it expedient, cause any of the armed vessels of the United States, to cruize on any part of the coast of the United States or territories thereof, where he may judge attempts will be made to violate the law prohibiting the importation of slaves, (act of 1807;) and may direct the commanders of armed vessels of the United States, to seize and bring into any port of the United States, all such vessels, and also bring into any such port all vessels of the United States, wheresoever found on the high seas, contravening the provisions of such law, that they may be lawfully proceeded against.(1)
1582. And the master of such vessel, so found and seized, shall be deemed guilty of a high misdemeanor, and liable to prosecution before any court of the United States, having jurisdiction thereof, and being thereof convicted shall be fined, not exceeding ten thousand dollars, and imprisoned, not less than two, nor more than four years.(1)
1583. The proceeds of all vessels, their tackle, apparel, furniture, and goods and effects on board, so condemned, shall be divided equally between the United States, and the officers and men, who shall seize and bring her into port for condemnation, whether such seizure be made by an armed vessel or a revenue cutter of the United States, and shall be distributed in like manner as prizes taken from an enemy.(1)
1584. But to entitle the officers and men to one-half of such proceeds, they shall safely keep, and deliver, every negro, mulatto, or person of colour found on board such vessel, to such persons as may be appointed by the respective states to receive them, or if there be no such persons, then to the overseers of the poor of the place where such vessel may be brought or found, and shall immediately transmit to the governor or chief magistrate of the state, an account of their proceedings, with the number and descriptive list of such negroes, mulattoes, or persons of colour, that he may give directions respecting them.(1)*
1585. When any person shall lodge information with the attorney for the district of any state or territory, that any negro, mulatto, or person of colour, has been imported therein, contrary to law, he shall forthwith commence a prosecution by information; and process shall issue against the person so charged with such offence. And if, upon the return of the process executed, it be ascertained by the verdict of a jury, that such negro, mulatto, or person of colour, has been so brought in, the court shall direct the marshal of such district to take him into his custody for safe keeping, subject to the orders of the president of the United States. And the informer shall be entitled to receive, over and above the portion of the penalties accruing to him pursuant to the acts in such case made and provided, a bounty of fifty dollars for each negro, mulatto, or person of colour, who shall have been delivered to the custody of the marshal: and the secretary of the treasury shall pay such bounty upon the certificate of the clerk of the court in which such prosecution may be had, with the seal of office thereunto annexed, stating the number of negroes, mulattoes, or persons of colour, so delivered.(2)
(1) Act 2d March, 1807, sec. 7.
(2) Act 3d March, 1819, sec. 4
Under the preceding article, the entire proceeds of the vessel are forfeited to the United States, unless the seizure be made by armed vessels of the navy, or by revenue cutters, in which case distribution is to be made in the same manner as prizes taken from the enemy.-10 Wheaton, 331.
ART. 1586. No citizen of, or other person, coming into, or resident in, the United States, shall, for himself or another, either as master, factor, or owner, build, fit, equip, load or otherwise prepare any vessel to sail from any port thereof, for the purpose of carrying on traffic in slaves to any foreign country: or for the purpose of procuring from any foreign country the inhabitants thereof, to be transported to any foreign place whatever to be sold or disposed of as slaves.
1587. Every vessel so fitted out or sailing, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the United States, and may be seized, prosecuted, and condemned in any circuit or district court, for the district in which she may be found and seized.(1)*
(1) Act 22d March, 1794, sec. 1.
* Under this article an information, describing in one count the two distinct acts of preparing a vessel and of causing her to sail, pursuing the words of the law, is sufficient, and the forfeiture is incurred by the commission of either.-The Emily and Caroline, 9 Wheat. 381.
And to incur the forfeiture imposed by that article, it is not requisite that the vessel should be completely fitted for sea; the right of seizure attaches so soon as the preparations have proceeded so far, as clearly to manifest the intention.-The Plattsburg, 10 Wheat. 133.
The libel for forfeiture under the act of 1794, is of admiralty and maritime jurisdiction.-United States v. The Sally, 2 Cranch, 460.
The forfeiture attaches under the preceding article, where the original voyage is commenced in the United States, whether the vessel belonged to citizens or