acquired under it, (in the individual slaves thereafterwards brought from Africa,) would therefore avail anything for the legality of slavery in this country now; because the descendants of those brought from Africa under the act, cannot now be distinguished from the descendants of those who had, for the hundred and thirty years previous, been held in bondage without law.

But the presumption is, that, even after this statute was passed in 1750, if the slave trader's right of property in the slave he was bringing to America, could have been brought before an English court for adjudication, the same principles would have been held to apply to it, as would have applied to a case arising within the island of Great Britain. And it must therefore always have been held by English courts, (in consistency with the decision in Somerset's case,) that the slave trader had no legal ownership of his slave. And if the slave trader had no legal right of property in his slave, he could transfer no legal right of property to a purchaser in the colonies. Consequently the slavery of those that were brought into the colonies after the statute of 1750, was equally illegal with that of those who had been brought in before.*

* Mr. Bancroft, in the third volume of his history, (pp. 413, 14,) says: "And the statute book of England soon declared the opinion of its king and its parliament, that'the trade,'" (by which he means the slave trade, of which he is writing,) is highly beneficial and advantageous to the kingdom and the colonies.' To prove this he refers to statute of "1795, 8 and 10 Wm. 3, ch. 26." (Should be 1797, 8-9 and 10 Wm. 3, ch. 26.)

Now the truth is that, although this statute may have been, and very probably was designed to insinuate to the slave traders the personal approbation of parliament to the slave trade, yet the statute itself says not a word of slaves, slavery, or the slave trade, except to forbid, under penalty of five hundred pounds, any governor, deputygovernor or judge, in the colonies or plantations in America, or any other person or persons, for the use or on the behalf of such governor, deputy-governor or judges, to be "a factor or factor's agent or agents" "for the sale or disposal of any negroes."

The statute does not declare, as Mr. Bancroft asserts, that "the (slave) trade is highly beneficial and advantageous to the kingdom and the colonies;" but that "the trade to Africa is highly beneficial and advantageous," &c. It is an inference of Mr. Bancroft's that "the trade to Africa" was the slave trade. Even this inference is

The conclusion of the whole matter is, that until some reason appears against them, we are bound by the decision of

not justified by the words of the statute, considering them in that legal view, in which Mr. Bancroft's remarks purport to consider them.

It is true that the statute assumes that "negroes" will be "imported" from Africa into "England," (where of course they were not slaves,) and into the "plantations and colonies in America." But it nowhere calls these "negroes" slaves, nor assumes that they are slaves. For aught that appears from the statute, they were free men and passengers, voluntary emigrants, going to "England" and "the plantations and colonies" as laborers, as such persons are now going to the British West Indies.

The statute, although it apparently desires to insinuate or faintly imply that they are property, or slaves, nevertheless studiously avoids to acknowledge them as such distinctly, or even by any necessary implication; for it exempts them from duties as merchandize, and from forfeiture for violation of revenue laws, and it also relieves the masters of vessels from any obligation to render any account of them at the custom houses.

When it is considered that slavery, property in man, can be legalized, according to the decision of Lord Mansfield, by nothing less than positive law; that the rights of property and person are the same on board an English ship, as in the island of Great Britain; and that this statute implies that these "negroes" were to be "imported" into "England," as well as into the "Plantations and colonies in America," and that it therefore no more implies that they were to be slaves in "the plantations and colonies" than in "England," where we know they could not be slaves; when these things are considered, it is perfectly clear, as a legal proposition, that the statute legalized neither slavery in the plantations and colonies, nor the slave trade from Africa to America - however we may suppose it to have been designed to hint a personal approbation, on the part of parliament, of the actual traffic.

But lest I may be suspected of having either misrepresented the words of the statute. or placed upon them an erroneous legal construction, I give all the words of the statute, that make any mention of " negroes," or their importation, with so much of the context as will enable the reader to judge for himself of the legal import of the whole.

The act is entitled, "An Act to settle the Trade to Africa." Sec. 1 recites as follows:

"Whereas, the Trade to Africa is highly beneficial and advantageous to this kingdom and to the Plantations and Colonies thereunto belonging."

The act contains twenty-one sections, regulating trade, duties. &c., like any other navigation act. "Negroes" are mentioned only in the following instances and connexions, to wit:

Sec. 7. "And be it enacted by the authority aforesaid, That from and after the four-and-twentieth day of June, one thousand six hundred ninety-and-eight, it shall and may be lawful to and for any of the subjects of his majesty's realms of England, as well as the said Company,* to trade from England or any of his majesty's plantations or colonies in America to the coast of Africa, between Blanco and Cape Mount, answering and paying a duty of ten pounds per centum ad valorem for the goods and merchandizes to be exported from England or any of his majesty's plantations or colonies in America to and for the coast of Africa, between Cape Blanco

*The Royal African Company.

the King's bench in 1772, and the colonial charters. That decision declared that there was, at that time, in England,

no

and Cape Mount, and in proportion for a greater or lesser value, and answering and paying a further sum and duty of ten pounds per centum ad valorem, redwood only excepted, which is to pay five pounds per centum ad valorem, at the place of importation upon all goods and merchandize (negroes excepted) imported in (into) England or any of his majesty's plantations or colonies in America, from the coast of Africa, between Cape Blanco and Cape Mount aforesaid. * * * And that all goods and merchandize, (negroes excepted,) that shall be laded or put on board any ship or vessel on the coast of Africa, between Cape Blanco and Cape Mount, and shall be imported into England or into any of his majesty's plantations or colonies aforesaid, shall answer and pay the duties aforesaid, and that the master or chief officer of every such ship or vessel that shall lade or receive any goods or merchandize (negroes excepted) on board of his or their ship or vessel between Cape Blanco and Cape Mount, shall upon making entry at any of his majesty's custom houses aforesaid of the said ship or vessel, or before any goods or merchandize he landed or taken out of the said ship or vessel (negroes excepted) shall deliver in a manifest or particular of his cargo, and take the following oath, viz.

I, A. B, do swear that the manifest or particular now by me given in and signed, to the best of my knowledge and belief doth contain, signify and express all the goods, wares and merchandizes (negroes excepted) which were laden or put on board the ship called the during her stay and continuing on the coast of Africa between Cape Blanco and Cape Mount, whereof I, A. B. am master."

Sec. 8. "And that the owner or importer of all goods and merchandize (negroes excepted) which shall be brought to England or any of his majesty's plantations from any port of Africa between Cape Blanco and Cape Mount aforesaid shall make entry of all such goods and merchandize at one of his majesty's chief custom houses in England, or in such of his majesty's plantations where the same shall be imported," &c.

Sec. 9. * * * "that all goods or merchandizės (negroes excepted) which shall be brought from any part of Africa, between Cape Blanco and Cape Mount aforesaid, which shall be unladed or landed before entry made and signed and oath of the true and real value thereof made and the duty paid as aforesaid shall be forfeited, or the value thereof."

Sec. 20." And be it further enacted by the authority aforesaid, that no governor, or deputy-governor of any of his majesty's colonies or plantations in America, or his majesty's judges in any courts there for the time being, nor any other person or persons for the use or on behalf of such governor or deputy-governor or judges, from and after the nine-and-twentieth day of September, one thousand six hundred and ninety-eight, shall be a factor or factor's agent or agents for the said Company,* or any other person or persons for the sale or disposal of any negroes, and that every person offending herein shall forfeit five hundred pounds to the uses aforesaid, to be recovered in any of his majesty's courts of record at Westminster, by action of debt, bill, plaint or information, wherein no essoign, protection, privilege or wager of law shall be allowed, nor any more than one imparlance."

*The Royal African Company.

right of property in man, (notwithstanding the English government had for a long time connived at the slave trade.)—

Sec. 21. "Provided that this act shall continue and be in force thirteen years, and from thence to the end of the next sessions of parliament, and no longer."

Even if this act had legalized, (as in reality it did not legalize,) the slave trade during those thirteen years, it would be impossible now to distinguish the descendants of those who were imported under it, from the descendants of those who had been previously, and were subsequently imported and sold into slavery without law. The act would therefore avail nothing towards making the existing slavery in this country legal.

The next statute, of which I find any trace, passed by parliament, with any apparent view to countenance the slave trade, was the statute of 23d George II., ch. 31. (1749-50.)

Mr. Bancroft has committed another still more serious error in his statement of the words, (for he professes to quote precise words,) of this statute. He says, (vol. 3, p. 414,)

"At last, in 1749, to give the highest activity to the trade, (meaning the slave trade,) every obstruction to private enterprize was removed, and the ports of Africa were laid open to English competition, for 'the slave trade,’— such” (says Mr. Bancroft,)" are the words of the statute-'the slave trade is very advantageous to Great Britain."

As words are, in this case, things—and things of the highest legal consequence -and as this history is so extensively read and received as authority — it becomes important, in a legal, if not historical, point of view, to correct so important an error as that of the word slave in this statement. "The words of the statute are not that "the slave trade," but that "the trade to and from Africa is very advantageous to Great Britain." "The trade to and from Africa" no more means, in law, "the slave trade," than does the trade to and from China. From aught that appears, then, from so much of the preamble, "the trade to and from Africa" may have been entirely in other things than slaves. And it actually appears from another part of the statute, that trade was carried on in " gold, elephant's teeth, wax, gums and drugs."

From the words immediately succeeding those quoted by Mr. Bancroft from the preamble to this statute, it might much more plausibly, (although even from them it could not be legally) inferred that the statute legalized the slave trade, than from those pretended to be quoted by him. That the succeeding words may be seen, the title and preamble to the act are given, as follows:

"An Act for extending and improving the trade to Africa."

"Whereas, the trade to and from Africa is very advantageous to Great Britain, and necessary for supplying the plantations and calonies thereunto belonging, with a sufficient number of NEGROES at reasonable rates; and for that purpose the said trade" (i. e. "the trade to and from Africa ") "ought to be free and open to all his majesty's subjects. Therefore be it enacted," &c.

"Negroes" were not slaves by the English law, and therefore the word "negroes," in this preamble, does not legally mean slaves. For aught that appears from the words of the preamble, or even from any part of the statute itself, these "negroes," with whom it is declared to be necessary that the plantations and colonies should be supplied, were free persons, voluntary emigrants, that were to be induced to go to the plantations as hired laborers, as are those who, at this day, are induced,

The colonial charters required the legislation of the colonies to be consonant to reason, and not repugnant or contrary,

in large numbers, and by the special agceny of the English government, to go to the British West Indies. In order to facilitate this emigration, it was necessary that "the trade to and from Africa" should be encouraged. And the form of the preamble is such as it properly might have been, if such had been the real object of parliament. Such is undoubtedly the true legal meaning of this preamble, for this meaning being consistent with natural right, public policy, and with the fundamental principles of English law, legal rules of construction imperatively require that this meaning should be ascribed to it, rather than it should be held to authorize anything contrary to natural right, or contrary to the fundamental principles of British law.

We are obliged to put this construction upon this preamble, for the further reason that it corresponds with the enacting clauses of the statute -— not one of which mentions such a thing as the transportation of slaves to, or the sale of slaves in "the plantations and colonies." The first section of the act is in these words, to wit.

"That it shall and may be lawful for all his majesty's subjects to trade and traffic to and from any port or place in Africa, between the port of Sallee in South Barbary, and the Cape of Good Hope, when, at such times, and in such manner, and in or with such quantity of goods, wares and merchandizes, as he or they shall think fit, without any restraint whatsoever, save as is herein after expressed."

Here plainly is no authority given "to trade and traffic" in any thing except what is known either to the English law, or the law of nature, as "goods, wares or merchandizes". among which men were not known, either to the English law, or the

law of nature.

The second section of the act is in these words:

"That all his majesty's subjects, who shall trade to or from any of the ports or places of Africa, between Cape Blanco and the Cape of Good Hope, shall forever hereafter be a body corporate and politic, in name and in deed, by the name of the Company of Merchants Trading to Africa, and by the same name shall have perpetual succession, and shall have a common seal, and by that name shall and may sue, and be sued, and do any other act, matter and thing, which any other body corporate or politic, as such, may lawfully do."

Neither this nor any other section of the act purports to give this "Company," in its corporate capacity, any authority to buy or sell slaves, or to transport slaves to the plantations and colonies.

The 29th section of the act is in these words:

"And be it further enacted by the authority aforesaid, that no commander or master of any ship trading to Africa, shall by fraud, force or violence, or by any other indirect practice whatsoever, take on board, or carry away from the coast of Africa, any negro or native of the said country, or commit, or suffer to be committed, any violence on the natives, to the prejudice of the said trade; and that every person so offending shall, for every such offence, forfeit the sum of one hundred pounds of lawful money of Great Britain; one moiety thereof to the use of the said Company hereby established, and their successors, for and towards the maintaining of said forts and settlements, and the other moiety to and for the use of him or them who shall inform or sue for the same."

Now, although there is perhaps no good reason to doubt that the secret intention of parliament in the passage of this act, was to stimulate the slave trade, and that there