m 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 colonies
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, in large numbers, and by the special agency 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
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