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 20th 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
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