"[111] This proposition was naturally
opposed as "inconsistent with the principles of our Government, and
calculated to throw as wide open the door to the importation of slaves
as it was before the existing prohibition."[112] The act, which became a
law April 20, 1818,[113] was a poorly constructed compromise, which
virtually acknowledged the failure of efforts to control the trade, and
sought to remedy defects by pitting cupidity against cupidity, informer
against thief. One-half of all forfeitures and fines were to go to the
informer, and penalties for violation were changed as follows:--
For equipping a slaver, instead of a fine of $20,000, a fine of
$1000 to $5000 and imprisonment from 3 to 7 years.
For transporting Negroes, instead of a fine of $5000 and
forfeiture of ship and Negroes, a fine of $1000 to $5000 and
imprisonment from 3 to 7 years.
For actual importation, instead of a fine of $1000 to $10,000
and imprisonment from 5 to 10 years, a fine of $1000 to
$10,000, and imprisonment from 3 to 7 years.
For knowingly buying illegally imported Negroes, instead of a
fine of $800 for each Negro and forfeiture, a fine of $1000 for
each Negro.
The burden of proof was laid on the defendant, to the extent that he
must prove that the slave in question had been imported at least five
years before the prosecution.
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