expedient for the
safe-keeping, support, and removal beyond the limits of the United
States of all such negroes, mulattoes, or persons of color" captured by
vessels of the United States as may be delivered to the marshal of the
district into which they are brought, "and to appoint a proper person
or persons residing upon the coast of Africa as agent or agents for
receiving the negroes, mulattoes, or persons of color delivered from on
board vessels seized in the prosecution of the slave trade by commanders
of United States armed vessels."

A doubt immediately arose as to the true construction of this act. It is
quite clear from its terms that the President was authorized to provide
"for the safe-keeping, support, and removal" of these negroes up till
the time of their delivery to the agent on the coast of Africa, but no
express provision was made for their protection and support after they
had reached the place of their destination. Still, an agent was to be
appointed to receive them in Africa, and it could not have been supposed
that Congress intended he should desert them at the moment they were
received and turn them loose on that inhospitable coast to perish for
want of food or to become again the victims of the slave trade. Had this
been the intention of Congress, the employment of an agent to receive
them, who is required to reside on the coast, was unnecessary, and they
might have been landed by our vessels anywhere in Africa and left
exposed to the sufferings and the fate which would certainly await them.

Mr. Monroe, in his special message of December 17, 1819, at the first
session after the act was passed, announced to Congress what in his
opinion was its true construction. He believed it to be his duty under
it to follow these unfortunates into Africa and make provision for
them there until they should be able to provide for themselves. In
communicating this interpretation of the act to Congress he stated that
some doubt had been entertained as to its true intent and meaning, and
he submitted the question to them so that they might, "should it be
deemed advisable, amend the same before further proceedings are had
under it." Nothing was done by Congress to explain the act, and Mr.
Monroe proceeded to carry it into execution according to his own
interpretation. This, then, became the practical construction.

Adopting this construction of Pre