The Slave Trade (Brazil) Act 1845 (
8 & 9 Vict. c. 122), commonly known as the Aberdeen Act, was an
act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
passed during the reign of
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 year ...
on 9 August 1845. The
long title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title.
The ...
of the act is "An Act to amend an Act, intituled An Act to carry into execution a Convention between His Majesty and the
Emperor of Brazil
The monarchs of Brazil (Portuguese language, Portuguese: ''monarcas do Brasil'') were the imperial head of state, heads of state and hereditary rulers of Brazil from the House of Braganza that reigned from the creation of the Brazilian monarchy ...
, for the Regulation and final Abolition of the African Slave Trade".
This law is seen in Brazilian historiography as a British retaliation against the
Alves Branco Tariff, a tariff reform established in 1844 by Finance Minister
Manuel Alves Branco that raised import duties
[ followed by the ending of the British-Brazilian Convention of 1826 on the Atlantic slave trade to Brazil.]
History
The act was proposed by British Foreign Secretary Lord Aberdeen. It gave the Royal Navy
The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...
authority to stop and search any Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
ian ship suspected of being a slave ship on the high seas, and to arrest slave traders caught on these ships.
The act stipulated that arrested slave traders could be tried in British courts. The law was designed to suppress the Brazilian slave trade, to make effective Brazilian laws and the British-Brazilian Treaty of 1826 to end the Atlantic slave trade
The Atlantic slave trade or transatlantic slave trade involved the transportation by slave traders of Slavery in Africa, enslaved African people to the Americas. European slave ships regularly used the triangular trade route and its Middle Pass ...
, that Brazil had signed and ratified but failed to enforce.
It provoked outrage in Brazil, where it was seen as a violation of free market
In economics, a free market is an economic market (economics), system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of ...
, freedom of navigation
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states when in international waters, apart from the exceptions provided for in international ...
, as an affront to Brazilian sovereignty and territorial integrity, and as an attempt to check Brazil's rise as a world power.
Controversies
As a result, the Royal Navy began intercepting Brazilian slavers on the high seas, and Brazilian slave traders caught on these ships were prosecuted in British admiralty courts. Over the following years, the number of cases in British admiralty courts increased dramatically due to the large number of Brazilians arrested for slave-trading – in the first six months of 1848, 19 out of 33 cases heard by the vice admiralty court in St. Helena
Saint Helena (, ) is one of the three constituent parts of Saint Helena, Ascension and Tristan da Cunha, a remote British overseas territory.
Saint Helena is a volcanic and tropical island, located in the South Atlantic Ocean, some 1,874 km ...
were Brazilian.[Martinez, Jenny S. ''The Slave Trade and the Origins of International Human Rights Law'' (2012), Oxford University Press.]
Despite the aggressive application of this law, the volume of the Brazilian slave trade increased in the late 1840s; the demand for slaves had increased due to British free-trade legislation that lifted tariffs on Brazilian sugar. However, Anglo-Brazilian tensions continued to increase. In 1850-51, a handful of British ships began entering Brazilian territorial waters and even its harbours to attack slave ships. In one instance, a British ship exchanged fire with a Brazilian fort.
In the face of these tensions, Brazil knew that it could not afford to go to war with Britain. In addition, popular sentiment against the slave trade in Brazil was growing. The Brazilian government decided to put an end to the slave trade. In September 1850, new legislation outlawing the slave trade was enacted, and the Brazilian government began to enforce it.
As a result, the Brazilian slave trade declined, and despite some illegal slavers that continued to operate, the trade came to an end in the mid-1850s, although slavery itself was not abolished in Brazil until 1888. On 27 April 1852, the British government notified its counterpart in Brazil of its permanent withdrawal of warships from Brazilian waters, on condition that there be no resumption of the slave trade; the reports of the British minister to Brazil in 1860 and the following year, showed no indication of breach. Finally satisfied there would be no resumption of the African slave trade, the British parliament repealed the Aberdeen Act on 19 April 1869.
See also
*Pax Britannica
''Pax Britannica'' (Latin for , modelled after '' Pax Romana'') refers to the relative peace between the great powers in the time period roughly bounded by the Napoleonic Wars and World War I. During this time, the British Empire became the ...
* Slave Trade Act
References
Further reading
* Bethell, Leslie
''The Abolition of the Brazilian Slave Trade: Britain, Brazil and the Slave Trade''
Cambridge University Press
Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...
, 1970. Chapters 9 to 12.
External links
Text of Act
{{Authority control
United Kingdom Acts of Parliament 1845
1845 in British law
Slave trade legislation
George Hamilton-Gordon, 4th Earl of Aberdeen
Brazil–United Kingdom relations
19th century in slavery