points out. " which so much as mentions a Negro is intituled ' An Act for the regulating inn-holders, tavern-keepers and retailers of spirituous liquors' ", in the second section of which it was enacted, to prevent the growth of pawnshops, "that in case any soldier, sailor, servant, apprentice, bound servant, or Negro slave, or other person whatsoever, shall leave any pawn or pledge as a security for any sum exceeding five shillings, contracted in such manner, such soldier, sailor, servant, apprentice, bound servant, or Negro slave or other person whatsoever, or the masters or mistresses of such servant, apprentice, bound servant, or Negro share, may complain to any justice of the peace where such retailer, inn-holder, tavern or ale-house keeper or any other whatsoever, receiving such pawns or pledges usually resides . . . . to compel such retailer", etc., etc.' " It is observable that this Act", Mr. Aplin goes on to claim, "does, and that in the most emphatical manner, speak of Negroes as slaves. But it may be easily discerned that it does just as emphatically suppose them to have been so before the Act was made, or even thought of. Hence it may be inferred, at least. that the Provincial legislature had in their eye (if indeed they had anything rational) that these very Acts of Parliament had already made slaves of Negroes within the province.' Therefore it may not improperly be said that a law of this province does, in fact, admit of such a state as that of slaver' in it".
To this somewhat interesting point Ward Chipman, of New Brunswick, seems to have attached much import-
s In the Now Scotia Casette and Weekly Chronicle of Halifax. March
18, 1788, Evan Lewis, in advertising as a pawn broker, says: " It is particularly desired that no apprentice, bound servant, nor slav< will apply, for no business will be transacted". The Act, quoted above, which evidently called for this caution, and to which both Joseph Aplin and Ward Chipman seem to have attached considerable importance, was passed in t761.
' Reference is here made to the original charter made by Charles the Second in t66t, and especially to the preamble of Act ij. Ceo. a, and to contain provisions of that and subsequent Acts.