To Thomas Jefferson from Albert Gallatin, 4 February 1804
From Albert Gallatin
4th Feby. 1804
Dear Sir
I enclose a letter from Mr Simons respecting the new slave importation law. Is it proper that he should collect the duty of 12½ p% on merchandize? or ought he to be instructed not to do it?
As Mr H. declines going with the Stock, the question recurs, in what manner shall it be sent? There are two ways. Either a navy officer may be sent with it instead of Mr H.; or the Stock may be sent to New York by one of the clerks to be delivd. to the collector, and to be sent, as dispatches, by two different vessels bound to France, one third in each vessel.
The bundle to be directed to the American Consul’s care at the port of delivery with instructions to forward it by first safe opportunity to the Minister of the U. States at Paris. I would have waited on you; but the sinking fund report has absorbed so much of my time as to have rendered my presence necessary at the office the whole morning. It is important, however, that no further delay should take place in the transmission of the stock, and immediate measures will be taken to effect it in whichever mode you will think most eligible
Respectfully Your most obt. Servt.
Albert Gallatin
RC (DLC); at foot of text: “The President of the United States”; endorsed by TJ as received from the Treasury Department on 4 Feb. and so recorded in SJL with notation “negroes imported”; also endorsed by TJ: “Symonds’ qu. if negroes are merchandize.” Enclosure not found.
The new slave importation law passed by the South Carolina General Assembly on 17 Dec. 1803 lifted the ban on the importation of slaves from Africa. From the reopening of the slave trade in 1804 until its prohibition by Congress in 1808, Charleston imported more than 75,000 African slaves. By 1807, up to $390 was paid for an imported slave. TJ probably asked the attorney general for an opinion on the question posed by Gallatin, for according to SJL, Levi Lincoln wrote to the president on 6 Feb. on the subject “whether negroes merchandize.” TJ referred Lincoln’s letter, which has not been found, to the Treasury Department. The South Carolina act spurred a debate in Congress, where on 14 Feb., Representative David Bard of Pennsylvania introduced a resolution calling for a $10 tax to be “imposed on every slave imported into any part of the United States.” This was the sum allowed under the ninth section of the first article of the Constitution. Thomas Lowndes of South Carolina led the opposition to the resolution. After two days of debate and an unsuccessful attempt to postpone action, the House ordered the Committee of Ways and Means to bring in a bill. On 16 Feb., John Randolph presented a bill “laying a duty on slaves imported into the United States.” After another day of debate, the House defeated Lowndes’s motion to postpone consideration until the next session of Congress. They, however, agreed, by a 56 to 50 vote, to William Findley’s motion to postpone action until the second Monday in March. The House did not consider the bill again during the session (Acts and Resolutions of the General Assembly of the State of South-Carolina. Passed in December, 1803 [Columbia, S.C., 1804], 48-53; James A. McMillin, The Final Victims: Foreign Slave Trade to North America, 1783-1819 [Columbia, S.C., 2004], 86-7, 94-5, 105-6; , 13:991-1010, 1012-20, 1024-36; , 4:582).
mr h.: Lewis Harvie.
directed to the american consul’s care: on 8 Feb., after it was determined that an American officer would most likely carry the stock and dispatches to Bordeaux, Gallatin wrote instructions to William Lee, the U.S. consul there. He requested that Lee assist the carrier in the safe delivery of the stock and noted that the “usual mode of travelling must be preferred.” If the local French prefect wanted to alter or “accelerate the transmission, any extra-expense of that kind must be defrayed by the French Government.” If the carrier arrived at any other French or Dutch port, Gallatin ordered that the local U.S. consul “lend him the assistance required” ( , 9:419).
sinking fund report: on Saturday, 4 Feb., the commissioners—John Brown of Kentucky, president pro tempore of the Senate, Madison, Lincoln, and Gallatin—signed the letter transmitting the detailed report prepared by the Treasury Department to Congress. The Senate and House received it on Monday, the 6th. The documents were read in the Senate and ordered to lie for consideration. In the House the report was read and referred to the Committee of Ways and Means (, Finance, 2:84-101; , 3:343, 350-1; , 4:567).