In 1807, both houses of congress agreed on a bill to "prohibit the importation of slaves into any port or place within the jurisdiction of the United States". The law was signed by Thomas Jefferson and was to take effect on January 1st, 1808. Similarly, Great Britain passed "An Act for the Abolition of the Slave Trade". This act abolished slave trade in the British Empire, and encouraged British action to press other European nations to abolish their slave trades.
The American law did not abolish slavery, it only penalized those who participated in slave trade. Penalties varied. American citizens were subject to fines of up to $10,000 and jail terms of no less than five years and no more than ten years. Ships of any nation found in American ports or hovering off the American coast with Africans on them could be seized and forfeited, with the captain facing a $10,000 fine and up to four years in prison. Slave trade significantly slowed, but still some American slave traders and merchants continued to bring slaves into the country. Exactly how many is unknown, estimates range from 500 to as high as 270,000. W.E.B. Dubois estimated that 270,000 Negroes were illegally introduced into the United States between 1808 and 1860
In 1801, English courts touched the question of the legality of slave trade for the first time. The case involved an American ship carrying slaves from the coast of Africa to a Spanish colony. In the opinion of the court, slave trade had been abolished by both England and the United States, and therefore was illegal upon principles of universal law. This was an indictment on America, and President James Madison urged congress to take further action to find "further means of suppressing the evil".
In 1810, three years after slave trade had been abolished, James Madison spoke these words during his annual address to congress:
"Among the commercial abuses still committed under the American flag, and leaving in force my former reference to that subject, it appears that American citizens are instrumental in carrying on a traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country. The same just and benevolent motives which produced interdiction in force against this criminal conduct will doubtless be felt by Congress in devising further means of suppressing the evil."One year earlier, James Madison did not mention the African slave trade by name, but did refer to the "collusive prostitution of it [the American Flag] by individuals unworthy of the American name". Slave traders at the time were going as far as flying flags of other Countries to void British naval inspections. In his first annual address to Congress, Madison asked Congress to consider additional legislation that to prosecute those "individuals unworthy of the American name". I do think he was referring to American slave traders. Here are the words of James Madison from 1809:
"By some of the other belligerents, although professing just and amicable dispositions, injuries materially affecting our commerce have not been duly controlled or repressed. In these cases the interpositions deemed proper on our part have not been omitted. But it well deserves the consideration of the Legislature how far both the safety and the honor of the American flag may be consulted, by adequate provisions against that collusive prostitution of it by individuals unworthy of the American name which has so much flavored the real or pretended suspicions under which the honest commerce of their fellow citizens has suffered."And by 1816, James Madison was happy to share that by the end of his administration, the United States being the first to abolish the African slave trade, should be "gratified at the progress made by concurrent efforts of other nations toward a general suppression of so great an evil." Yet, Congress still had not made enough progress on establishing punishments for those "unworthy citizens" who violated or evaded the laws by trading slaves under foreign flags and in foreign ports. In 1809, the same practices that were being used to evade British laws were now using them to evade U.S. regulations as well. So, again in 1816 Madison closed out his administration with a final plea to Congress to amend the laws so that these citizens could be properly prosecuted by the federal government. Here are the words of James Madison from 1816:
"The United States, having been the first to abolish within the extent of their authority the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves and by punishing their citizens participating in the traffic, can not but be gratified at the progress made by concurrent efforts of other nations toward a general suppression of so great an evil. They must feel at the same time the greater solicitude to give the fullest efficacy to their own regulations. With that view, the interposition of Congress appears to be required by the violations and evasions which it is suggested are chargeable on unworthy citizens who mingle in the slave trade under foreign flags and with foreign ports, and by collusive importations of slaves into the United States through adjoining ports and territories. I present the subject to Congress with a full assurance of their disposition to apply all the remedy which can be afforded by an amendment of the law. The regulations which were intended to guard against abuses of a kindred character in the trade between the several States ought also to be rendered more effectual for their humane object."In 1818, under President James Monroe, Congress passed an elaborate amendment to the 1807 law that read more like a new statue. The amendment made it easier for courts to prosecute the slave traders, by shifting the burden of proof from the prosecution to the defendant. The new law required that defendants prove the person of color was brought into the United States at least five years prior to the start of prosecution. The law could technically be applied to any slave owner, forcing them to prove that any African-born slave was in the United States for at least five years. In the closing paragraphs of Monroe's 1819 Annual address, he brought to the attention of Congress, that in compliance of the 1818 act, orders were given to the commander of all public ships to "seize all vessels navigated under our flag engaged in [slave trade], and to bring them in to be proceeded against in the manner prescribed by the law"
"Due attention has likewise been paid to the suppression of the slave trade, in compliance with a law of the last session. Orders have been given to the commanders of all our public ships to seize all vessels navigated under our flag engaged in that trade, and to bring them in to be proceeded against in the manner prescribed by the law. It is hoped that these vigorous measures, supported by like acts by other nations, will soon terminate a commerce so disgraceful to the civilized world."
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http://www.presidency.ucsb.edu/ws/index.php?pid=2946
http://en.wikipedia.org/
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http://abolition.nypl.org/
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Here is a letter to James Madison, October 1810 regarding the report of Americans involved in illegal slave trade:
From Benjamin Rush
Philadelphia Octobr 29th. 1810
Dear Sir,
I have the honor to send you herewith the 4th report of the directors of the African institution in London and an adjudication of an appeal connected with the African trade, both of which appear to contain matter highly interesting to the National honor of the United States. Can nothing be done to wipe away the Stain that has been brought upon our moral and national character by the infamous practices alluded to in the report?
Health, respect and friendship!
from Dear Sir
yours sincerely Benjn: Rush
http://founders.archives.gov/documents/Madison/03-02-02-0757
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