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. &.,
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,(The Royal African 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 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)
impor
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