engaged in
this unlawful enterprise have been rigorously prosecuted, but not with
as much success as their crimes have deserved. A number of them are
still under prosecution.

Our history proves that the fathers of the Republic, in advance
of all other nations, condemned the African slave trade. It was,
notwithstanding, deemed expedient by the framers of the Constitution to
deprive Congress of the power to prohibit "the migration or importation
of such persons as any of the States now existing shall think proper to
admit" "prior to the year 1808." It will be seen that this restriction
on the power of Congress was confined to such States only as might think
proper to admit the importation of slaves. It did not extend to other
States or to the trade carried on abroad. Accordingly, we find that so
early as the 22d March, 1794, Congress passed an act imposing severe
penalties and punishments upon citizens and residents of the United
States who should engage in this trade between foreign nations. The
provisions of this act were extended and enforced by the act of 10th
May, 1800.

Again, the States themselves had a clear right to waive the
constitutional privilege intended for their benefit, and to prohibit
by their own laws this trade at any time they thought proper previous
to 1808. Several of them exercised this right before that period, and
among them some containing the greatest number of slaves. This gave
to Congress the immediate power to act in regard to all such States,
because they themselves had removed the constitutional barrier. Congress
accordingly passed an act on 28th February, 1803, "to prevent the
importation of certain persons into certain States where by the laws
thereof their admission is prohibited." In this manner the importation
of African slaves into the United States was to a great extent
prohibited some years in advance of 1808.

As the year 1808 approached Congress determined not to suffer this trade
to exist even for a single day after they had the power to abolish it.
On the 2d of March, 1807, they passed an act, to take effect "from and
after the 1st day of January, 1808," prohibiting the importation of
African slaves into the United States. This was followed by subsequent
acts of a similar character, to which I need not specially refer. Such
were the principles and such the practice of our ancestors more than
fifty years ago in regard to the African slave trade. It did not occur
to the reve