9 A PRACTICAL VIEW OF THE PRESENT STATE OF SLAVERY IN THE WEST INDIES. A PRACTICAL VIEW OF THE PRESENT STATE OF SLAVERY IN THE WEST INDIES ; OR, AN EXAMINATION OF MR. STEPHEN^ "SLAVERY OF THE BRITISH WEST INDIA COLONIES." CONTAINING MOKK PARTICULARLY AN ACCOUNT OF THE ACTUAL CONDITION OF ft* ^.egtws in Samatca: WITH OBSERVATIONS ON THE DECREASE OF THE SLAVES SINCE THE ABOLITION OF THE SLAVE TRADE, AND ON THE PROBABLE EFFECTS OF LEGISLATIVE EMANCIPATION : ALSO, . STRICTURES ON THE EDINBURGH REVIEW, AND ON THE PAMPHLETS OF MR. COOPER AND MR. BICKELL. BY ALEXANDER BARCLAY, it LATELY -AJSU FOR TWENTY-ONE YEARS RESIDENT IN JAMAICA. " When we have to reason with a practical purpose, concerning existing es- tablishments, the most particular and experimental view of them will ever lead to the soundest and most satisfactory conclusions." MR. STEPHEN. SECOND EDITION. | ^^M LONDON: PUBLISHED BY SMITH, ELDER & Co, 65, CORNHILL. 1827. The Legislature of Jamaica having, in December last, passed a Consolidated Slave Law, which pro- vides in some important instances, in favour of the Slave Population of that Island, measures of protec- tion and of extended rights ; and, in other instances, gives the requisite sanction of Law to what was before established merely by general practice, we have the authority of Mr. Barclay for annexing to his book that law, as it has been, in Jamaica, printed, with references to repealed enactments. We also add an extract from the Code Rural of Haiti containing those clauses, which may be usefully compared with the Jamaica Law. The Jidelity of the translation of these extracts may be ascertained by comparing them with the original Code, recently published by Ridg- way, from a copy received, under unquestionable authority, from Paris, and which will be found exactly to coincide with that which will soon be print- ed under authority of Parliament. The Code Rural was passed by the Legislature of Haiti in May last, and the members of the Chamber of Commons, announcing it to the citizens in their address, dated the IQth May, speak of it as a law " although just, yet severe," and from their address it appears that they judged it necessary for the purpose of regenerating agricultural labour among the FREE Negroes which constitute the mass of the population of that once flourishing Colony. APRIL, 1827. PREFACE. NEVER, perhaps, were mistakes more prevalent upon any subject than they are at present upon that of West India slavery. There are many in this country, and by no means in the lowest stations, who never hear the subject mentioned but they have before their minds chains, dungeons, scourging, maiming, wounding, and death. To their terrified imaginations it appears the land of horrors, where cruelty sits in brief authority, and the oppressed drag out a gloomy life in groans and tears, without any of the comforts of exist- ence, and of course, without manifesting any signs of enjoyment. These false impressions have been mainly owing to a class of authors and orators in the mother country, who, for many years, have 11 PREFACE. been aiming at effect, more than at truth who have been less anxious to ascertain and make known the real condition of the negroes, than to give an aggravated and frightful description of it, in order to obtain for themselves the praise and favour which would be most justly due to those who should espouse their cause, if they really were in the situation described. Embarking, about eighteen months ago, from Jamaica for Britain, after an absence of twenty- one years spent in that island, I chanced to ob- tain, among other books for entertainment during the voyage, Mr. Stephens Slavery of the British West India Colonies. I had heard of this work, and was well aware that prejudices against the colonists existed in the mother country ; but I confess, I had no idea, till I sat down to peruse this celebrated performance, how far those preju- dices were carried, and still less that such means or such talents were employed to extend and inflame them. In the picture Mr. Stephen has drawn, I could scarcely recognise a single feature of the community in which I had so long resided ; and as I perused his eloquent invective (for such I admit it to be), I could not but feel how little PREFACE. Hi those of my countrymen who had not the same means of knowing the truth, were to be blamed for prejudices thus elaborately instilled into them. Impressed with this idea, I employed the leisure which the voyage afforded in taking notes of Mr. Stephen's errors and misrepresentations, and before I reached England, had written out the greater part of what I now submit to the public ; but on my arrival in my native land, after so long an absence from my friends, such matters were for some time lost sight of and forgotten ; and per- haps I should never have returned to the task, had I not learned that those discussions on the subject (fraught with so much danger to the ne- groes as well as their masters), were again to be renewed in Parliament, and at the same time seen Mr. Stephen's work represented in the Edin- burgh Review as unanswered, and unanswerable by the colonists, and as affording a most excel- lent account of the slavery in the British West India islands. It has not been my lot in the course of an active life, to have enjoyed much time for literary pursuits ; and, on entering the lists with an acute and eloquent lawyer, I have fearful odds against IV PREFACE. me : but I derive confidence from my knowledge of the subject, and from the consciousness of having truth on my side, and trust that my work (however little pretension it may have to that eloquence for which Mr. Stephen's is so , much praised) may be useful in making known the actual condition of the slaves, and in exposing the errors, and total want of candour of some of the principal accusers of the colonists. To the ungraciousness of opposing specious, though visionary, schemes of philanthropy, I am fully sen- sible ; and I never should have undertaken the task, but from a sincere conviction that in doing so, I was advocating the true interests of humanity. The best part of my life has been spent in daily intercourse with the slaves in Jamaica : they are ignorant, it is true ; but I have witnessed much goodness among them, and in sickness have often been indebted to their kind attentions. My attachment to them is consequently strong ; and in whatever light my con- duct may be viewed or represented by those persons in this country to whose sentiments mine are op- posed, I can lay my hand on my heart and say, that a conviction of the fatal consequences which would inevitably result to the negroes from the adoption of PREFACE. V measures, founded in utter ignorance of their con- dition, their capabilities, habits, and dispositions, is the chief motive which has induced me to appear before the public. December , 1825. CONTENTS. Page Introduction , vii An Examination of Mr. Stephen's Slavery of the British West India Colonies 1 Houses and Gardens of the Negroes, their mode of Life, &c. 313 Plantation Hospitals and Nurseries 321 On the abundance of Fish and Crabs in Jamaica, and Negro methods of catching them 323 On the Decrease of the Slave Population of the Colonies since the Abolition of the Slave Trade 336 Strictures on the Edinburgh Review : On the Effects of Negro Emancipation in St. Domingo 346 On the Spirit of West Indian Society 367 Remarks on the Colony Trade 375 Strictures on the Pamphlets of Mr. Cooper and Mr. Bickell 405 * * - - The plan adopted in the examination of Mr. Stephen's work not having ad- mitted of any regular arrangement of the subjects treated of, it has been deemed advisable to give a full Index at the end of the volume. INTRODUCTION. THAT there is not room for improvement in the colonies as elsewhere, it would be absurd to suppose ; and it is by no means my object to defend either the colonists, or their laws, as perfect. On the con- trary the reader will find, that I have noticed several things which I disapprove of, and have suggested not a few improvements, or what I should deem im- provements, on their laws. It does not follow, how- ever, because the system in the colonies is not per- fect and may be improved, that it is what Mr. Ste- phen describes it 'a system uniting in itself every 'species of oppression that has elsewhere existed ' under the sun, and with many aggravations as much 'beyond example as excuse.' For my own part, I have no hesitation in saying, that if one-twentieth part of the horrible things he charges the colonists with were true, scarcely could any sacrifice be too great to wipe from the face of the earth so iniquitous, so dreadful an oppression. Fortunately for humanity, his delineation of the slavery in our colonies, is, as I trust I shall be able to shew, as mere a fiction as malice ever forged, or a diseased state of mind brood- ing over a creation of its own, ever in dotage mis- took for a reality. It is well known, that the greater part of Mr. viii Introduction. Stephen's work was written so long ago as before the abolition of the African trade in slaves, 'to promote ' which measure, was its main original object,' as he has himself informed us in his letter to Mr. Smith ; and though a greater change has since taken place in the general aspect and condition of the West Indian labourers, than I believe in any other part of the known world, or than perhaps could be paralleled in any age of the world ; yet all this improvement is denied by Mr. Stephen, and his reasonings founded on the then state of things are now printed as though they were still applicable, and as if charges which were either without foundation or grossly exaggerated then, were well founded now ! Many of those charges indeed, though they were never before embodied in a systematic form, or stated with so much eloquence, had been long before the public in speeches, reports, pamphlets, c. and had been again and again refuted. That, however, is not considered any reason why they should not still be brought forward with all the confidence of truth, for ' there is a power,' says Mr. Stephen, ' in ' reiterated public defamation, of which the innocent ' who have never been the victims of it, are not ' aware. In this land of libels, the purest and best 'known character is not safe. It has been justly ' said on a late public occasion, in a quotation I think ' from Mr. Burke, that by publishing the same ca- ' lumny every day in the year, it may be so effectu- ' ally forced into circulation and credit, that even its 'own inventor himself may be brought to believe it.' Introduction. ix Pref. p. 53. And if this holds in the case of an indi- vidual among his own people, in his native land, how much more must such ' reiterated public defamation' prove successful when directed against the distant colonists in charges, the truth or falsehood of which it is so much more difficult to ascertain or judge of, and concerning which, people will almost necessarily take their opinions from the representations forced into circulation through the press ? I am far, how- ever, from thinking, that all those who have taken part with Mr. Stephen and his party, are actuated by bad motives, or are knowingly the abettors of the conspiracy against the colonists. On the contrary, I am well aware that many of them are people of the best intentions, and of such known integrity and benevolence, that their motives are liable to no suspicion ; but they are ignorant or misinformed as to the real state of matters in the colonies; and being full of generous indignation at the supposed oppres- sion of the negroes, are easily misled by such writ- ers or orators as Mr. Stephen, who affect to plead the cause of religion and humanity, and who thus convert the best feelings of our nature from charity and kindness into engines of oppression against a few unoffending individuals, born amr ag them, their own sons or brothers, entitled to some consideration for carrying the national industry and enterprise into foreign and dangerous climes, and persecuted only for the sin of the nation in establishing slavery in the colonies some ages before they were born. x Introduction. In the discussion of measures, which, whether they would benefit the slaves or otherwise, almost necessarily involve the ruin of the colonists, and the annihilation of many millions of British property, although strong language might be excusable on the part of those whose lives and property are en- dangered, surely it would not be unreasonable to expect some degree of coolness, deliberation and temper (if not even of compassion for the sufferers), on the part of those who are urging the necessity of such measures, who are themselves safe at a distance from the convulsions they may give birth to, and are to have comparatively little or no share in the ruin their schemes of reform in those distant colonies, are likely to bring on their countrymen there. But what is the language in which they treat this grave and most important question? Let the reader judge of this by the extracts from Mr. Stephen's work given in the following sheets, and they are not by any means the most violent passages it contains ; or take the following specimen of the cool and dispassionate manner in which it is treated in the Edinburgh Review. ' If you can still rise up and sit down in security ' if you can still eat the bread of the fatherless, and ' grind the faces of the poor if you can still hold ' your petty parliaments, and say your little ' speeches, and move your little motions if you ' can still outrage and insult the parliament and 'people of England, to what do you owe it? to ' nothing but to our contemptuous mercy. If we Introduction. xi * suspend our protection if we recall our troops in a month the knife is at your throats. What are ' you to us that we should pamper and defend you ? ' If the Atlantic ocean should pass over you, and * your place know you no more, what should we ' lose?' No. 82. p. 481. Such is the mild language of the philanthropy of our day such the style in which one class of Britons can address their brethren! What Englishman in Jamaica can read this paragraph, and the many such to be found in the writings of the party, with- out feeling the chords which attached his affections to his native land, violently torn asunder ? It was such language, more than the sword of Washington, that lost England her American colonies ; and though the West India islands may be less able to resist oppression, the loss of them to the mother country, if this unnatural hostility is continued, will be equally certain, and far more calamitous ; for (unless they should chance to pass under the protection -of some other power) they will be lost, not to England only, but to the world, at least for many ages to come, almost as much as if the Atlantic ocean should actually pass over them, and the place of the present inhabitants know them no more. According to Mr. Stephen, there exists among his countrymen in the West Indies, an universal feeling of hatred and contempt of the negroes, arising from the personal peculiarities and rudeness of the African race. It is by this assumed hatred xii Introduction. and contempt, that he strives to give probability to the most incredible charges of cruelty and oppression ; and indeed, in many cases, this alleged feeling of aversion and abhorrence on the part of the whites, is the sole ground for supposing that the charges should be made, and the sole proof of them. Such things must have happened, because the colonists hate the negroes. Now, I most solemnly affirm, not only that I am unconscious of any such surely un- natural feeling having place in my own breast, but that I have never seen any proof of its existence in the breasts of others; I may be in error ; but to me it appears, that what Mr. Stephen considers as ag- gravating the slavery in the British colonies, viz. the superiority of intellect on the part of the masters, mitigates rather than aggravates it, by preventing that jealousy between the slave and his master, which a near approach to equality is apt to produce, as is strikingly exemplified in the case of negro and mulatto masters with their negro and mulatto slaves. Servitude and slavery are surely in many respects the same, and has it ever been al- leged that servitude is aggravated, or the condition of a servant worse, in proportion to the superiority in education, or of talents and acquirements on the part of the master ? * If slavery indeed could be * We might also ask, if it has been observed, that those who have black ser- vants in this country, ' hate and despise ' them ? or if they do not treat them as well as their other servants, and take as great an interest in their welfare ? But as the anticolonial party find it convenient to make ' a wide distinction ' between the colo- nists when in England, and the same persons when in the colonies (since otherwise the character and behaviour of those West Indians, whom the people have an oppor- Introduction. xiii justified in any state of man, it surely is where rude and ignorant pagans are advancing to civilization, under the government of an enlightened people, to whom they look up as so greatly their superiors, that subjection to their authority is scarcely felt as a hardship, and certainly not at all as a degradation. But ' slavery is an evil, and therefore it should be abolished.' Many a long speech has been deliver- ed in parliament to tell this, and tell nothing more. It is one thing, however, to discover that slavery is an evil, and another to be able to alter a long established system. Who does not admit, for in- stance, that the English poor-rates are a great evil ? but who has been able to suggest how even this evil may be abolished, and the indolent made to maintain themselves ? and how much more difficult to abolish slavery, and transform at once, or in a few years, a nation of slaves into a nation of freemen ! Than this never did the legislature of any country attempt a task more arduous, or beset with greater difficulties. It involves a question between the government and the present holders of property, tunity of seeing, might make them doubt if they could be such monsters in the colo- nies), they will probably tell us, that, though a gentleman may be kind to his black servant in England, 'where/ say the Reviewers, < he participates in English feelings/ in the West Indies, where he retains no English feelings, and ' where he is degraded ' by familiarity with oppression/ he would hate and despise him, cart- whip him unmercifully, &o. &c. I do not mean to assert, that the blacks are no where despised and borne down by the whites ; it is notoriously the case, wherever they have the misfortune to intermingle with white labourers. But this they have not the misfortune to do in the West Indies, where the labouring class is all black or brown. a 2 xiv Introduction. between the proprietors of estates and their depen- dents now settled on them ; it contemplates a change of the mode by which the bulk of the population in the colonies have hitherto been governed a change in the existing relationships of society and, to be effectual or beneficial, it must contemplate a change in the very character and habits of the negroes. Yet, with all the difficulties attending it, negro emancipation is a question, the merits of which every body seems to think he is capable of discussing and settling. To take a view of a few only of these difficulties, let us look at the present situation of matters in the colonies. The proprietors, generally white people, hold extensive domains, upon which their numerous dependents, the negroes, are now domiciled. These are the property of the landlord on whose estate they are settled : but the connection, if it implies that the slave must work for his master, equally implies that the master must protect and provide for his slave. He gives them a proportion of his land to cultivate for their own use -provides them with clothing attends^to them in sickness, and supports them in old age.) In return, they labour for him in cultivating that part of the domain retained in his own hands, from the produce of which they, as well as their master, are in a great measure supported. Such is the constitution of society in the colonies. Emancipation at once dissolves the compact, and throws the whole community into utter confusion. The master is no longer entitled Introduction. xv to the labour of his emancipated slave; the slave should therefore no longer be entitled to a house and grounds on the estate of his former master. The emancipatists, however, seem disposed to dis- solve the compact on one side only ; they are clear that the master should no longer have any right to the services of the slave, but they never contemplate that the emancipated slave should no longer be entitled to the land he held from his master in re- turn for his services. And indeed it is quite clear that the emancipated slaves must continue to occupy their lands ; for it would be absurd to suppose that nearly the whole, or even any considerable part of the population of a country, could be turned out of their homes by the landholders ; more especially, in this instance, at the moment when the negroes were told that the government, or the king of England, had put an end to the power of the masters over them. The freed negroes, therefore, on the different plantations, would continue to occupy their houses and lands, while\he master, having no longer the power of punishing them, would no longer be able to exact payment in labour for the maintenance they derived from his estate ; so that emancipation would deprive him not only of his labourers (whose services he had purchased), but of that part of his land which they now occupy, and in effect of the whole, since his cane fields and expensive manufac- turing establishments could no longer be of any value, when he could no longer get labourers to work in them. xvi Introduction. Perhaps it will be said, do not the people in this country work, although free ? and must not the freed negroes in Jamaica also work, to enable them to live ? True, they must cultivate their own grounds, but nothing more. The free labourers in England must work or starve, but there would be no occasion that they should work for others, if they had land rent-free, sufficient for their support. As slaves, the negroes must work -their services are sold for life, but in return they have a provision for life ; and if this provision cannot be taken from them when emancipated, which it clearly cannot, they would be placed in a situation quite different from that of the labourers at home. Give these in the same manner the fee-simple of houses and land sufficient to maintain them and their families, and not many of them, more than of the negroes, will hire them- selves out as labourers. But, again, it will be asked, if the negroes when freed continue in the possession of the land and houses they now occupy as slaves, will not the proprietor be entitled, and able, to exact rent from them ? and must they not work to enable them to pay that rent ? The rent they now pay, as already observed, is in labour, which, under the present system, the proprietor can exact : but this power would cease when they were emancipated, unless, like the proprietors at home, he could turn them out of their possessions, which no proprietor would be able to do as, in their minds, emancipation by the king or government always implies that they are Introduction. xvii to have a right to their homes; and, beyond all ques- tion, the first attempt to remove them would be the signal for revolt. It is a great mistake to suppose that the civil magistrate could accomplish this in Jamaica, and, as in England, enforce the law on such a point ; the negroes are as yet in a great measure ignorant of the power or the restraints of the law. The authority of the master has ever been so immediately before their eyes, that they are scarcely sensible of any other restraint. They know that they may be transported by a court for desertion, or hanged for murder, but the power of punishment possessed by the masters, is that by which they have hitherto been chiefly governed. Annul that power, and they will scarcely conceive themselves under any authority ; order or govern- ment will be at an end ; the cultivation of the plant- ations will cease ; and the proprietors, instead of attempting to turn the freed negroes off their es- tates, must themselves abandon the possession, and seek safety in flight ; leaving a disorganized rabble to such new order of things as unforeseen circum- stances in the womb of revolution may produce. Thus the project of emancipating the negroes, if it does not amount to a proscription of the colonists, carries in it an Agrarian law, infinitely more ruin- ous to the proprietors in the West Indies than that which occasioned such tumults and disorders in republican Rome ; and the reflections of an eminent writer on that interesting passage of ancient his- tory, are so strikingly applicable to the present xviii Introduction. question, that one would almost suppose they had been written for it. * Nor can it (as some think) in any material degree lessen the danger, that emancipation is not to be immediate, but to commence with the children to be born after a certain date. The moment the principle is announced, and the slaves are told that the King of England has given freedom to their chil- dren, that moment their minds are unsettled, labour becomes irksome, and restraint insupportable. They will ask, if their children are to be free, why should not they be free also ? If their children are not to * This act, as it concerned the interest of almost every inhabitant of Italy, immediately raised a great ferment in every part of the country. Persons holding considerable estates in land were alarmed for their property. The poor were elated with the hopes of becoming suddenly rich. If there was a middling class, not to be greatly affected in their own situation, they still trembled for the effects of a contest between such parties. * * * The distinctions of poor and rich are as necessary in states of considerable extent, as labour and good government. The poor are destined to labour, and the rich, by the advantage of education, indepen- dence, and leisure, are qualified for superior stations. The rich were not without some violent convulsion to be stript of estates which they themselves had bought, or which they had inherited from their ancestors. The poor were not qualified at once to be raised to a state of equality with persons inured' to a better condi- tion. The prospect seemed to be as ruinous to the government as it was to the security of property, and tended to place the members of the commonwealth, by one rash and precipitate step, in situations in which they were not at all qualified to act. The rich urged, that the public faith under which they were suffered to pur- chase, was now engaged to protect and secure their possession : that in reliance on this faith they had pledged them for the dowries of their wives and the por- tions of their children, and mortgaged them as security for the debts they had contracted : that a law regulating or limiting the further increase or accumulation of property might be suffered ; but that a law, having a retrospect, and operating to the violation of the rights, and the ruin of so many families, was altogether unjust. Parties looked on each other with a gloomy and suspicious silence. Fergussons History of the Roman Republic, Book ii. chap. 2. Introduction. xix work (for such is their understanding of freedom), why should they work? The man born in 1827, when he grew up, would naturally ask why he should not be free, as well as the man born in 1828 or 1830. And, in fact, it will be a matter of little importance to the proprietors, whether the cultiva- tion of the plantations shall cease at once, or be con- tinued for a few years, amidst strife, suspicions, in- surrections, and blood, till the free-born people grow up, when it must of necessity cease, unless the emancipatists can effect something very like a mi- racle, and change the disposition and habits gene- rated under slavery and barbarism, into such as are formed in Europe in free and civilized states. If they can do this, the sooner it is done the better, both for the slaves and the masters : but, on the other hand, if all they can do, is to set the slaves free from the authority they are now under, without being able to establish any other for their govern- ment, they may ruin the planters, but they will not benefit the slaves. Is it to be inferred, from what has been said, that the slavery in our colonies must be perpe- tual? Certainly not but that the evil must be allowed time to work itself out there, as it has done in other countries. If Mr. Stephen is correct in the account he gives of the views of those who car- ried the abolition of the slave trade, it is to be re- gretted that the party who now call themselves the ABOLITIONISTS, do not possess the same prudence and good sense. ' They did not aim,' says he, ' at xx Introduction. * an emancipation to be effected by insurrection in ' the West Indies, or to be ordained precipitately ' by positive law; but they never denied, and ' scrupled not to avow, that they did look forward ' to a future extinction of slavery in the colonies, to * be accomplished by the same happy means which for- ( merly put an end to it in England, namely, by a be- ' nign though insensible revolution in opinions and ' manners, by the encouragement of particular ma- ' numissions and progressive melioration of the con- ' dition of the slaves, till it should slide insensibly ' into general freedom. They looked at first to an ' emancipation, of which not the slaves but the ' masters should be the willing instruments. * * * ' In England, if it should be asked, what cause ' most powerfully contributed to the dissolution of ' the degrading bondage of our ancestors, the an- ' swer clearly must be the extreme favour shewn 6 to individual enfranchisement by the judges and ' laws. That baneful growth of foreign conquest, or ' early barbarism, villeinage, had nearly overspread 4 the whole field now covered with the most glori- ' ous harvest of liberty and social happiness earth ' ever produced, and where not one specimen of the ' noxious weed remains. Yet it was not ploughed * up by revolution, or mowed down by the scythe ' of legislative abolition, but was plucked up, stalk ' by stalk, by the progressive hand of private and ' voluntary enfranchisement. Slavery ceased in ' England only because the last slave at length ob- Introduction. xxi * tained his manumission, or died without a child.' Report of the African Institution, 1815. Happy will it be for the negroes, if the slavery in the colonies is thus allowed to slide insensibly into freedom ; a glorious harvest of liberty and social happiness will follow. Unfortunately, the publica- tions constantly issuing from the press, and harrowing up the public mind on the subject of slavery, are calculated, and seem in tended, to urge on the British public, unaware of the difficulties and danger, to attempt schemes of emancipation ' by the scythe of ' legislative enactment/ which would prove equally fatal to the slaves as to their masters; while it is manifest that, without such interference, slavery would, in due time, become extinct in the colonies, as it did in England, ' by the encouragement of par- * ticular manumissions, and progressive melioration ' of the condition of the slaves.' The first stage of improvement is by far the most difficult to a rude and barbarous people ; but the progress which the negroes have already made is far from inconsi- derable. No person who saw the situation of the slaves in Jamaica twenty years ago, would have be- lieved it possible that so great a change for the better could have taken place in so short a period ; and no one who sees the progress they are now making, can, in reason, wish more than that they should continue to go on at the same pace. The improvement in their manners, dress, and general appearance the greater intelligence they display from understanding the language better the greater XX11 Introduction. comforts they enjoy from improved habits of in- dustry, and the advance they have made in religion (I speak more particularly of the eastern part of the island, where I resided), are in the highest degree satisfactory and encouraging. But as some persons at home take upon them to deny that there has been any improvement in the colonies, it may not be improper to enumerate here (for the sake of those who may not have patience to read through a controversial work) a few of the changes in the condition of the negroes, and of the meliorations on the slave laws. At no very distant period, when savage Africans were pour- ing into Jamaica, and white there were yet but few natives or Creoles, the master's power of punishing his slaves was little restrained by law ; and was ex- ercised to a great extent by the subordinate white people and the drivers. Ten years ago chains were in common use on the plantations, for punishing criminal slaves. Twenty years ago, there was scarcely a negro baptized in Jamaica. Twenty years ago, the churches were scarcely at all attended by the slaves. It is now limited to 39 stripes, to be inflicted by order and in presence of the master or over- seer, and 10 by subordinate agents : and, comparatively speaking, is but seldom re- quired at all. There is not now one punishment for twenty that were inflicted fifteen or twenty years ago. The use of them is now en- tirely abolished. Now they are nearly all bap- tized. Since then, the number of churches or places of worship of one kind or other, has been more than doubled, in fact nearly tre- bled, and yet, in the districts where I have had an opportu- Introduction. xxni Twenty years ago, negroes were buried at midnight, and the funeral rites, in the forms of African superstition, were the occasion of continual excesses among those who attended. Ten years ago, the marriage rite was altogether unknown among the slaves. While the importation of Afri- cans was continued, the practice of Obeah was common and de- structive. The working of sugar mills encroached on Sunday during crop. Formerly the Negroes culti- vated their grounds on Sun- day white persons were even sent to superintend them. When the abolition of the African trade took place, a large proportion of the slaves nity of seeing them, they are all fully attended, and princi- pally by slaves. Negroes are now buried du- ring the day, and in the same manner as the white people. The number now married is not inconsiderable, and is fast increasing. It is now seldom heard of. It is now prohibited by law, and Sunday is strictly a day of rest. Now they have by law 26 working days in the year for this purpose : every manager must swear that he has given them this number of days ; and no slaves now work at their grounds on Sunday, but such as are more inclined to make mo- ney than to attend church. A law to forbid their working at all would be of doubtful policy, till they learn to employ the day better than in idling and drink- ing. Now the plantation slaves in Jamaica have all houses of their own, and grounds of their own, XXIV Introduction. were newly imported Africans, maintained with provisions rais- ed or bought by the master; or lodged with other slaves, who had grounds which they assisted in cultivating. Manumissions were at one time burthened with heavy taxes. For cruel or improper pu- nishments, slaves had formerly no adequate redress. Formerly the trial of slaves was, I believe, by parol; and the power of death was entrust- ed to the slave courts, who could order the criminal to immediate execution. For ten slaves that were exe- cuted twenty years ago, Twenty years ago the coast- ing vessels of Jamaica were al- most exclusively manned with slaves. The operative mechanics about towns, carpenters, ship-build- ers, &c. were mostly slaves. A few years ago, marriage was unknown among the free people of colour. and are in every respect more comfortable and independent. They form more steady connec- tions, pay more attention to their families in the way of keeping them clean, and dressing them neatly ; and, in short, have ac- quired more taste and desire for domestic enjoyments. They are now perfectly free. Now they are manumised and provided with an annuity for life ; and magistrates are ap- pointed a council of protection, to attend to their complaints. Now the whole evidence and conviction must be transmitted to the governor : and, unless in cases of rebellion, the sentence cannot be carried into execution without his warrant. There is not now more than one, and I think not even that pro- portion. From the increase of the free population, the coasting vessels are now more commonly man- ned with free men. This description of work is now performed principally by free people of colour. It is now becoming common, and many of them are careful to preserve the sanctity of the in- stitution. Introduction. xxv The number of free persons It is now 35,000, and rapidly in Jamaica, in 1787, was esti- encreasing by manumissions as mated at only 10,000. well as births. These few particulars will convey but a very in- adequate idea of the progress made by the negroes, and how superior a people they are in every respect to what they were, when the slave trade was abo- lished in 1807. But if, as Mr. Stephen observes, ' every mitigation of slavery is a step towards freedom,' this brief statement may be sufficient to shew, that progress is making towards it ; and those who have patience to peruse the following sheets, will better comprehend what the extent of that progress is, and what the actual condition of the labourers in the colonies. A PRACTICAL VIEW OF THE PRESENT STATE OF SLAVERY IN THE WEST INDIES, &c. &c. On Mr. Stephens " Slavery in the British West India Colonies" * PRELIMINARY CHAPTER. Of the necessity and im- portance of describing the state in question.' p. 1. IN the task I have undertaken, it is not my object to defend slavery : far be it from me to say, that those who established it in our colonies did right, or that being established there, it ought to be perpe- tual. But the question, when or how slavery may be abolished in any particular country or colony where it exists, is one of no small difficulty, how- ever easy it may seem to many benevolent enthu- siasts ; and before making an attempt which might produce effects very different from those we in- tended, it would at least be proper to enquire, first, whether those we would set free, are yet capable of conducting themselves as freemen, or of preserving their freedom, in short, whether, all circumstances considered, they would be bene- fited by it; and secondly, whether we can effect On Mr. Stephens Preliminary Chapter. their freedom with a due regard to justice, which would be equally violated by our depriving a man of his slaves, as by depriving him of any other species of property which the laws of the land have sanctioned the acquirement o Mr. Stephen himself, though so hostile to the slavery in our colonies, that he seems to think it ought to be abolished at any sacrifice of life and property to the colonists, and even, it would seem, at the expense of some indemnity, to be made them by the mother country, is yet sufficiently moderate on the abstract question.* ' The ardent lovers of freedom/ says he, * will, I hope, pardon me. To no British palate has that rich produce of our soil a higher flavour than to my own. But yet I am not prepared to say, that in no other country, and under no supposable circum- stances, ought one man to be bound to serve another for life ; and to be liable to corporal punishment by the master, for with- holding that service. Let me not be misunderstood, however, as holding the affirmative. I simply mean to decline the dis- cussion of the question, as perhaps, of considerable difficulty ; but if not, at least, as one of a speculative kind, which nothing in the arguments I mean to offer, will oblige me to decide.' p. 7. Such are Mr. Stephen's ideas on this subject, on which 1 forbear to enlarge, as my business is not to defend slavery, or to discuss the abstract question, but to correct errors and misrepresenta- * Let parliament enter on the work, says he, and the advocates of the slaves will object to none of the necessary means. I do not except indemnity to their masters, as far as it is justly due. Pref. p. 42. But as he afterwards labours to invalidate, or at least, to create doubts about the right of the colonists to their slaves, it is very questionable if he thinks any indemnity "justly due." The best evidence regarding the Colonies. tions regarding the treatment and present con- dition of the slaves in Jamaica; which I am enabled to do from a personal and intimate knowledge of their state, acquired during a long residence in the island. Mr. S. pretends to advance nothing against the The best evi- colonists but on the very best evidence. * I shall ' not,' says he, ' assume the truth of any state- ' ment adverse to the colonial system, that has ' ever been controverted, however unimpeachable ' the testimony may be on which it stands, until ' I have shewn it to have been directly or indi- ' rectly confirmed by the concessions of the colo- ' nists themselves, by the witnesses produced on ' their part, or the answers solemnly given by ' the West India legislatures, and their public ' agents, to the Privy Council.' pp. 10, 11. But those who have patience to peruse these sheets, will know what account to make of these profes- sions of candour and regard to truth. He even seems to admit that he has given no credit to the evidence adduced by the colonists, but where he could make it read against them. 'What faith,' says he, 'was due to such testimony when it ' went to contradict the charges of abolitionists, or c the testimony adduced by them, I shall not here * stop to enquire its authority on that side will < be better estimated when we have seen a little ' of its particular style and character/ p. 10. Let the impartial reader judge what chance there B 2 The best evidence regarding the Colonies. is of coming at the truth in this way, by selecting, like a special pleader, from a mass of evidence, such parts only as may be made to read against the accused party, and giving implicit faith to these ; while none is given to those parts which contradict the charges; thus making the credibility of the evidence to depend on its telling against the accused. The colonists, it is true, are accused of preju- dices, and supposed to receive a bias from self- interest ; but if the whole body of planters (and the supposition is not very liberal) were without exception to be regarded as so blinded by preju- dice, or so void of truth, that their testimony could not be received, is there no alternative for the impartial British public but to listen to their enemies, those party philanthropists who are all benevolence to one part of their fellow-creatures, and all hatred to another ? Are there not well- educated men, officers in the service of govern- ment, civil, naval, and military, almost every day returning from the colonies? Many of these, doubtless, went out from the mother country with strong prejudices; but have they, on their return, told this tale of horror ? Have they said that the slaves are ill-treated, oppressed, or unhappy? Have they not borne testimony to the contrary ? And is there any thing so very captivating in the system and management described by Mr. Ste- phen, that even a person who has no interest could not see it (were it to be seen) without being ena- The best evidence regarding the Colonies. moured of it, adopting the prejudices of the colonists, and becoming a convert to their cause against truth and justice ? The poet tells us that Vice is a monster of such frightful mien, As to be hated, needs but to be seen and if the slavery in our colonies bore any degree of resemblance to the picture Mr. S. has drawn of it, could it be seen by such men without horror ? Again, there are seven or eight hundred sail of vessels employed in bringing home the produce of those possessions, the masters of which are well acquainted with the plantations in the vicinity of the ports where their vessels are loaded; have they seen the poor blacks overworked, stinted of food, unmercifully whipped, or otherwise ill- treated ? Moreover, almost every family in the kingdom has some relation or acquaintance who has resided in, or visited the colonies, and can speak to the condition and treatment of the slaves; and are these relations or acquaintances less wor- thy of credit than those writers or orators who have not crossed the Atlantic to obtain for them- selves a knowledge of slavery, as it now exists in the colonies, and yet (with the advantage of -ap- pearing to have justice and humanity on their side) have been able, by unsupported charges and vague declamation, to raise such a flame in the kingdom ? Let such authorities be consulted by those who would form a correct judgment on this matter, and who admit, that ' when we have to reason 6 Feelings of the ' with a practical purpose concerning existing ' establishments, the most particular and experi- 6 mental view of them, will ever lead to the ' soundest and most satisfactory conclusions.' Feelings of the Even in his preliminary chapter, Mr. Stephen Colonists to- r J . wards the betrays the hostile feeling with which he is actuated towards the English colonists. Speak- ing of Onesimus, a slave who was sent back by St. Paul to his master, a Christian convert, with- out any injunction to alter his state, he remarks, that the state of slavery (that among the Greeks) to which Onesimus was sent back, was very dif- ferent indeed from that of a negro slave in the West Indies ; and in a note, very characteristic of the spirit of his work, he adds ' A West Indian will readily perceive, by his own feelings ' one important distinction, indicatory of others, still more im- portant : Receive him as a brother beloved. How destructive of the Apostle's benevolent design, how inconsistent with the rest of his conciliatory style, would have been this phrase, if One- simus had, like a negro slave, been, from his very cast and con- dition, independently of his fault, an object of aversion and contempt, with his master ! A vile negro, a brother! Foh ! the humiliating idea would have been offensive, even in a religious metaphor, and from the pen of an apostle !' p. 6. A West Indian does not, and cannot perceive by his own feelings, the existence of any such aversion to, or contempt for his labourers; nor can it enter into his imagination to conceive, on what principle it would even be supposed, that he should entertain such monstrous and unnatural feelings towards a people on whose labour and Colonists towards the Slaves. welfare his every prospect in life depends. Ne- groes themselves would smile at such an absurdity. So well aware are they of the existence of a contrary feeling on the part of their masters, that when treated, as they conceive, rather harshly by a person in charge of them, and who owns no slaves himself, it is a common expression with them, ' He does not feel for a negro, he has got none ' himself.' This short but significant expression conveys a very different impression of the dispo- sition of the masters from that which Mr. S. ascribes to them in almost every page of his book. Which of the two bears most the stamp of truth, let common sense, and common feeling decide. Nor is it only among the masters, who are most interested in the labour and welfare of the slaves, that a friendly disposition towards them is to be found; but generally also among the managers of plantations. In fact they could have no comfort in their situations, if they acted otherwise. Ne- groes are not deficient in intelligence ; they are perfectly aware what is due to them ; and if any improper severity on the part of the manager gives them cause of complaint, they are not slow in making their grievances known, either to the master, or, in his absence, to his representative the attorney, upon whom the overseer is depend- ent for his situation, or to the magistrates, who are ever ready to attend to their complaints. In opposition to that unnatural hatred of their slaves, and contempt for them, with which the 8 Feelings of the white people in the colonies are charged by Mr. Stephen, one might instance, not merely the ex- ertion of the masters' power for the protection of their people from every species of injury (in which there is little merit, though they have not credit with Mr. S. even for this); but the readi- ness of both masters and managers to do them such good offices, as flow entirely from kindness and good will. And among many little circum- stances, which might be mentioned to shew the kind of feeling that exists between the classes, perhaps there is none that will convey a better idea of it to a stranger, than the simple fact, how customary it is, for a negro on a plantation, when he has committed a fault for which he apprehends punishment, to go to some neighbouring overseer, whom he knows to be on good terms with his own overseer, and solicit his mediation for forgiveness. If the fault has been trivial, such as a few days absence from duty, the culprit may perhaps be satisfied with a note interceding for him ; if more serious, such as neglecting the cattle, and allow- ing them to destroy a valuable field of canes, or being a length of time absent, he insists on the person going home with him ; and in cases of this kind, I have often known gentlemen, in the heat of the day, and in indifferent health, ride several miles to save a poor fellow from a flogging. I never knew such mediation solicited that was not granted ; usually, with a very proper admoni- tion to behave better in future; nor did I ever Colonists towards the Slaves. 9 now such intercession made, and not successful; but in one solitary instance, which from its rarity was a topic of conversation in the neigh- bourhood. I have often myself been applied to, to be the intercessor for forgiveness on such occa- sions, and have left my business (as who would not?) to attend to the call. When negroes are christened, it is a common custom with them to take the name of some white person for whom they have a regard, and whom they request to stand sponsor for them. This forms a lasting claim to some attention ; the sponsor is in future addressed Godfather; and a friendly con- nexion is cultivated with him by occasional pre- sents of poultry, fruit, c. always accompanied with a profusion of kind wishes. Of course the presents must be fully repaid ; but still there is something gratifying in such spontaneous marks of kindness and good will, to which no person can feel indifferent. Do these minute facts (and they are too minute to be worth notice, but as they throw some light on the condition of the negroes, bespeak the ex- istence of that horrid feeling of aversion and con- tempt for them, which Mr. Stephen describes as rankling in the bosom of the English colonists ? Or do they warrant that sneer of scorn imputed to them in the elegant phrase, ' a vile negro, a brother! Fohl' Even the very amusements of the slaves may nent8 of be referred to, to shew the feeling that exists 10 Amusements of the Slaves. between them arid the white people to be very different. The day on which the last of the canes are cut down upon a sugar plantation, flags are displayed in the field, and all is merriment. A quart of sugar and a quart of rum are allowed to each negro on the occasion, to hold what is called CROP-OVER, or harvest-home. In the even- ing, they assemble in their master's or ma- nager's house, and, as a matter of course, take possession of the largest room, bringing with them a fiddle and tambourine. Here all authority and all distinction of colour ceases ; black and white, overseer and book-keeper, mingle together in the dance. About twenty years ago, it was common on occasions of this kind, to see the different African tribes forming each a distinct party, singing and dancing to the gumbay, after the rude manners of their native Africa ; but this custom is now extinct. Following the example of the white people, the fiddle, which they play pretty well, is now the leading instrument ; they dance Scotch reels, and some of the better sort (who have been house servants) country-dances. Here the loud laugh, and the constant buzz of singing and talking bespeak their enjoyment, and the absence of all care about the present or future ills of life. Such dances were formerly common, or I should rather say universal, at Christmas; but of late years have much gone out, owing to an idea im- pressed on the minds of the negroes, principally I believe by the missionaries, that the season Amusements of the Slaves. \ \ ought rather to be devoted to religious exercises. It is now considered more becoming to attend the places of worship, or to have private religious parties among themselves ; and in passing through a negro village on a Christmas night, it is more common to hear psalm-singing, than the sound of merriment. The young people, however, still indulge in some amusements on this occasion, one of which may be worth describing. The young girls of a plantation, or occasionally of two neigh- bouring plantations leagued, form what is called 'a sett.' They dress exactly in uniform, with gowns of some neat pattern of printed cotton, and take the name of Blue Girls, Yellow Girls, &c. according to the dress and ribbon they have chosen. They have always with them in their excursions, a fiddle, drum, and tambourine, fre- quently boys playing fifes, a distinguishing flag which is waved on a pole, and generally some fantastical figure, or toy, such as a castle or tower, surrounded with mirrors. A matron attends who possesses some degree of authority, and is called Queen of the Sett, and they have always one or two Joncanoe-men, smart youths, fantastically dressed, and masked so as not to be known. Thus equipped, and generally accompanied by some friends, they proceed to the neighbouring plantation villages, and always visit the master's or manager's house, into which they enter without ceremony, and where they are joined by the white people in a dance. Some refreshment is 12 Amusements of the Slaves. given to them, and the Joncanoe-men, after a dis- play of their buffoonery, commonly put the white people under requisition for a little money, to pay the fiddler, &c. A party of forty or fifty young girls thus attired, with their hair braided over their brows, beads round their necks, and gold ear-rings, present a very interesting and amusing sight, as they approach a house dancing, with their music playing, and Joncanoe-men caper- ing and playing tricks. They have generally fine voices, and dancing in a room they require no in- strumental music.* One of their best singers commences the song, and unaccompanied sings the first part with words for the occasion, of course not always very poetical, though frequently not unamusing; the whole sett joins in the chorus as they mingle in the dance, waving their handker- chiefs over their heads. All is life and joy, and certainly it is one of the most pleasing sights that can be imagined. The last party of this kind I had the pleasure of seeing and dancing with, at Christmas 1823, belonged to Reach and Muirton estates, the pro- perty of Mr. William Bryan, and afforded a no- velty I had never before witnessed, in a rude * The airs they sing and dance to are simple and lively ; the following is a specimen : Amusements of the Slaves. 13 representation of some passages of Richard III. which they made sufficiently farcical. The Jon- canoe-men, disrobed of part of their paraphernalia, were the two heroes, and fought not for a king- dom but a queen, whom the victor carried off in triumph. Richard calling out "A horse ! a horse !" &c. was laughable enough. This farce I saw at Dalvey estate, the property of Sir A. Grant, and it afforded Mr. Bell the manager and his guests no small amusement. How the negroes had ac- quired even the very imperfect knowledge they seemed to have of the play, we could form no idea, and the occasion did not admit of asking questions.* While on the subject of Christmas I may ob- serve, that the whole of the Negroes in Jamaica, have three, and some of them four days allowed for their amusements ; and that on this occasion their masters give them an allowance of rum, sugar, and codfish or salt meat ; and, generally, the larger estates kill as many cattle as are suffi- cient to give each family a few pounds of fresh beef. Nor let it be supposed that this is the amount of their enjoyments; the more wealthy slave families kill pigs and poultry, have their Christmas cakes, and in fact abound in good things both to eat and to drink. To many who contemplate the West India labourers but as 'wretches bom to work and * Since this was written, I have read Mr. De la Beclie's pamphlet, who mentions having seen the same thing in a different part of the island. 14 Origin of slavery in the colonies, arid weep ;' who have them associated in their minds with horrors, cruel oppression, and broken-hearted- ness, the description I have given of a sett, may appear a picture altogether imaginary : but let such persons ask any one, who has been upon a Jamaica plantation at a Christmas season, if the description is not correct. very in the co- ies, and right Slave Laws m general/ p. 14. fests Under this head the following paragraph de- Origin of Sla- < CHAPTER I. On the Origin and Authority of the Colonial very in the co- lonies, and right to f lo e mp!. tion. serves notice. ' The assemblies have often, in their acts, recognised slavery as an existing institution ; and have, by directing or regulating the sale of slaves, and by numerous other provisions, treated them as subjects of property. But if the books of colonial acts were resorted to for information as to the legal origin of this state, the rights which it gives to the masters, or the duties and incapacities which it imposes upon the slaves, no satisfac- tion upon these important heads would be found.' p. 14. It may be true that slavery had not in the West Indies, or in any other country perhaps, its origin in any positive enactment; but Mr. Stephen him- self informs us of its "legal origin" in our co- lonies. ' The bringing labourers or negroes * from Africa,' says he, 'was certainly permitted, ' and even encouraged by parliament ; and in the ' more modern acts there was no reserve in respect ' to the condition of these exiles, as far as a vague ' name could define it ; for the commerce in ' slaves, eo nomine, has been expressly recognised * and regulated ' p. 14. Right of the Colonists to Compensation. 15 And yet in every page of his book, our author pours out his abuse on the colonists, as if slavery had been an evil of their creating, and for the infamy of which they now merit the vengeance of heaven and of earth ! Without stopping to en- quire whether or not the condition of savages has been improved by the change, one thing is certain, that the merit or odium of it is due, not to the inhabitants of the colonies, but to the people of England. They reaped the advantages of esta- blishing slavery in the West Indies ; it was their ships and their capital that conveyed the negroes from their native land to these fertile islands, from the cultivation of which, the British people have derived much of the wealth they now pos- sess* ; and if any of the existing interests are now to be broken up, these surely ought, in com- mon justice, to be indemnified at the public expence. Mr. S. thinks otherwise; and after stating as above, that in the acts of parliament encouraging the trade in slaves, there was no reserve, and that the commerce in slaves, eo nomine, was expressly recognised and regulated, to do away any impression that this should found a right to compensation on the part of the colonists, * The West'India colonies are of great importance in extending the manufac- tures and commerce of the mother country. It is difficult to find any engine more efficient for the purpose. Possessing them has occasioned a pouring in of wealth into this country, much of which was employed in fertilizing the soil. The wealth received from the Dutch and other islands was in fact visible on whole districts of the country, not only from the money expended, but in the very names of the spots brought into cultivation. Speech, House of Commons, Mr. Brougham, April 9, 1816, 16 Origin of Slavery in the colonies, and if deprived of their property, obtained under such a sanction, he proceeds to say, ' But that these ' foreigners shall on their arrival in a British ' colony, where British law and liberty are esta- ' blished, be sold into, and perpetually retained in 6 slavery, and that the same state shall attach on * their offspring,' (as it did on that of the villeins in England), ' though born under the king's alle- * giance, has never been enacted.' 'Parliament ' seems all along to have supposed that there was * some known local law in the colonies, distinct ' from the law of England, which had introduced ' and defined the state in question.' p. 15. Was ever sophistry more glaring ? Parliament sanctioned and encouraged the trade in African SLAVES eo nomine, but, it seems, did not enact that those slaves, or foreigners (as Mr. S. artfully calls them) were to be held as slaves in our colonies ! For what other purpose they were bought and carried there, he has not attempted to explain. Again, parliament, it seems, has all along foolishly supposed that some local law in the colonies, of which it was ignorant, had in- troduced the state in question : although it must have known that the state existed there, and had been recognized by its own acts encouraging the trade in slaves, before the colonial legislatures had existence ! Mr. Barium on But Mr. Barham has stated this matter so clearly, that it is only necessary to give his state- ment, as, until the facts he brings forward are set \ Right of the Colonists to compensation. ] 7 aside, the legal title of the colonists to their pro- perty, and their right to compensation if it is taken from them, cannot be questioned but by those persons who are prepared to advocate not merely oppression, but absolute spoliation. ' To say that Great Britain formed the plan, and that the colonies executed it to say that Great Britain made the laws, and that the colonies availed themselves of those laws, would be greatly understating the share which Great Britain had in the origin of the slave trade, and in the consequent system of slavery that now exists. But many persons have been so used to charge all the odium of that system on those, who by acci- dent, happen to be the present owners of slaves, that they will be surprised to learn how much larger a share Great Bri- tain has had than the colonies, in the formation, maintenance, and present extent of slavery. ' The following historical facts will clear up this point a little. ' Great Britain established * The colonies did not then the slave trade in the reign of exist. Queen Elizabeth, who per- sonally took a share in it. ' Great Britain encouraged ' The colonies, all this time, it in the successive reigns of took no share in it themselves, Charles I, Charles II, and merely purchasing what the James II, by every means British merchants brought that could be devised. But it them, and doing therein what was William III. who outdid the British government invited them all. With Lord Somers them to do, by every means in for his minister, he declared their power, the slave trade to be " highly beneficial to the nation :" and that this was not meant merely as beneficial to the nation through the medium of the co- 18 Origin of slavery in the colonies, and lonial prosperity is demon- strated by the Assiento Treaty in 1713, with which the colo- nies had nothing to do; and in which Great Britain binds herself to supply 144,000 slaves, at the rate of 4,800 per annum, to the Spanish colonies. From that time till within a few years of the pre- sent time, our history is full of the various measures and grants, which passed for the encouragement and protection of the trade. ' So much as to those who created and fostered the trade : and now let us see, who it was that first marked it with disap- probation, and sought to confine it within narrower bounds. ' The colonies began in 1760. ' Great Britain rejected this South Carolina (then a British act with indignation, and de- colony) passed an act to pro- clared that the slave trade was hibit further importation ; but beneficial and necess.ary to the mother, country. The gover- nor, who passed it, was repri- manded ; and a circular was sent to all other governors, warning them against a similar offence. ' The colonies, however, in Great Britain stopped it, 1765, repeated the offence through the governor of that and a bill was twice read in island, who sent for the assem- the assembly of Jamaica, for bly, and told them, that con- the same purpose of limiting sistently with his instructions, the importation of slaves ; he could not give his assent : when upon which the bill was drop- ped. Right of the Colonists to compensation. ' The colonies, in 1774, < Great Britain again resist- tried once more ; and the as- ed the restriction. Bristol and sembly of Jamaica actually Liverpool petitioned against passed two bills to restrict the it. The matter was referred trade ; but to the Board of Trade, and that board reported against it. ' The colonies , by the agent of ' Great Britain , by the mouth Jamaica, remonstrated against of the Earl of Dartmouth, then that report, and pleaded against president of the board, an- it on all the grounds of justice swered by the following de- and humanity ; but claration : "We cannot allow the colonies to check or dis- courage, in any degree a traffic so beneficial to the nation." And this was in 1774 ! ' It is presumed, after this, not many persons will be dis- posed to contend, that Great Britain has not had, at least, an equal share in establishing slavery with those who happen now to be the actual owners of slaves. ' But still there are some points to be closely examined before we shall venture to pronounce, that the claim for com- pensation rests on the strictest grounds of justice. ' To make that claim absolute it must be shown, that the thing which is required to be surrendered is not merely a syst em which afforded the means of prospective gain, but that it is absolutely a property in possession, and held by the same right by which all other property is held the law. Closer than this it does not seem possible to draw the line ; and here lies the distinction, between the present claim, and that which was made at the time the slave trade was abolished. * The claim then made (but which was urged much more strenuously by the British slave merchant than the planter) was not a claim for property in possession. The slave trade could not be property, though it might be the means of creating pro- perty. The right to trade had been permitted by law, but no engagement had been made, that it should be permitted for c 2 2Q Slavery ', how aggravated in the English Colonies ever. Those, who trusted in its continuance, trusted at their own risk, and when it was prohibited, what they lost was not a vested property, but the chance of contingent gain ; whereas, what will be taken here, is that which the law has sanctioned as property for ever. ' A very respectable author (Mr. Clarkson) contends against this claim of property, upon a ground which it is not necessary here to dispute. His argument seems to be, that such property cannot be created even by law, since it is contrary to the first principles of our nature (which are anterior and superior to all law), that one man should have property in another man. Be it so, but what then? This would justify the slave in regaining his liberty by any means he could employ, since he had been un- justly deprived of it. But in the[question of compensation, the slave is no party. That question lies wholly between the pro- prietor and the Legislature, which has constituted the^property. The law must be binding, at least on those that made it. If the Legislature, with a view to national advantage, has committed l injustice, and now, with a view to national justice, would repair the wrong, it is for the nation to pay the price of its wrong, and not for the individual who acted in conformity to the law. To fix on the present proprietor the cost of redeeming the acts of the nation at large, would be concluding a series of injustice to Africa by an act of injustice to a portion of your own sub- jects, with regard to whom your first laws would have been a fraud, and your last would be a robbery.' Slavery, how Sfw i ' CHAPTER II. On the persons who are subject to slavery in our colonies -' P- 27 - Who these are, might have been told in few words : the negroes whom English merchants, trading under the sanction of the British parlia- ment, carried from Africa and sold in the colonies as slaves, and the descendants of such slaves. Who are the best Slave-masters? 21 By the following extracts we learn, that the condition of the African slave in our colonies is much aggravated, beyond every other description of slavery, not only by the white skin, but strange to say, by the elevated and superior intellect of his master : and moreover, that negroes and mu- lattoes make better masters than educated white people ! * The negro is not more opposite to his white-skinned lord in complexion, than in manners, and intellectual attainments; the one is degraded by all the ignorance and rudeness of his native Africa ; the other elevated by the refinements in arts and manners at least, if not also by the science, of Europe,' p. 28. * It would, perhaps, be too much refinement, if we were to suppose that the great comparative mildness of the Portuguese and Spanish slavery may have been in some degree influenced by a nearer approximation in colour between the masters and the slaves than is found in the Dutch and English colonies, , where the state is confessedly the worst.' p. 32. *If it be asked then, why are free negroes and mulattoes said Are English- to be the worst masters ? I answer, only because every thing ne g,.o es ^a is said, whether true or false, by the oppressors of the African JJ^ t tt J es ' tho race, that may serve to diminish our sympathy with those whom masters ? they oppress. The statement is untrue ; nay, it is the reverse of truth.' p. 32. Therefore negroes and mulattoes must be the best masters to negro and mulatto slaves ! It is almost unnecessary to observe how much this assertion is 'the reverse of truth;' no person, who has the least knowledge of the West Indies, can be ignorant that negroes and mulattoes make the very worst masters, or at all events that the 22 Are Englishmen, or Free Negroes slaves, who ought to be the best judges, think so. I have frequently known free persons of colour, and also slaves, very anxious to purchase slaves, but unable to do it, from the universal abhor- rence negroes have to belong to such masters ; for, notwithstanding the misrepresentations made to the contrary, it is very seldom that a slave is transferred from one person to another, but with his own free consent and approbation. It would be painful for the seller to act otherwise when parting with his people ; and extremely hazardous to the purchaser. What then comes of the theory that the Portuguese and Spaniards make better masters than the English and Dutch in conse- quence of having darker complexions ? For, in this case, free negroes and mulattoes would make the best of all masters, whereas, in truth, they make the worst. But this assertion, like others, will answer Mr. Stephen's purpose, if the British public will only believe, that West India slavery is the worst that ever existed in the world; that English slavery- there, is yet more cruel than that of any other country ; and that the better educated and more enlightened the master, the worse it is for the slave. The negroes argue in a different way. They dislike to belong to free persons of colour, or even to low ignorant whites, because, as they briefly but pithily express it, 'they are too spiteful.' If a white person punishes them for a fault, they say, there is no more of it; but if they once give and Mulattoes, the best Slave-masters ? 23 offence to a mulatto master, ' he spites them like a negro,' that is, follows up the punishment with resentment. Nor is this difficult to explain on at least a rather more rational principle than that of the approximation of colour. Between the negro and his coloured master or mistress, there is often little difference of intellect ; the negro in conse- quence feels less respect for such a person, while the master is more tenacious of those attentions to which he thinks himself entitled from his slave. Hence arises a jealousy which renders them mutu- ally uncomfortable. This is not theory, but ex- perience, however much at variance with Mr. Stephen's doctrine, that the state of the slave is aggravated by his master's possessing the ele- vated and liberal sentiments resulting from edu- cation. ' Amidst all the reviling epithets,' says Mr. Ste- phen, * used in anger towards these poor bondmen, ' You slave! or any allusion to the condition, is never ' heard ; but Negro ! pronounced with an angry ' or contemptuous emphasis, is a word of superla- ' tive reproach.' p. 31. And this is intended to shew that the bodily designation is more degrad- ing than slavery ! Here is refinement with a ven- geance ! A negro considers himself no more re- proached by a white man calling him Negro, than a white man does by a negro calling him Buckra, their common term for a white man. The word ' slave,' it is true, is never heard ; if it were, we should, perhaps, with more 24 General Remarks. reason have been accused of adding insult to injury. Who in England says You servant ? and as little is You slave heard in Jamaica. This nice disquisition brings to my recollection having once, (when a book-keeper on Holland estate) inadvertently addressed one of the negro boiler-men, 'You sir !' for which he gave me such a pointed and merited rebuke, as I have never forgotten. He asked, repeating my words with much indignation, ' You sir! who do you call You sir ; have I not a name ?' General < CHAPTER III. On the legal nature and incidents of this Remarks. condition, as they respect and constitute the relation be- tween the slave and his master/ p. 33. This chapter comprehends such a mass of hete- rogeneous legal matter, as seems to stamp it the commencement of what the author, according to his letter to Mr. Smith, had written and printed while the abolition question was under discussion ; and which he now publishes as a delineation of the existing state of slavery in the British West India colonies ! To him and his party, this course of proceeding will appear quite right; as^ according to them, the state existing now, is the very same that existed twenty-five years ago, and is likely to be the same as many years hence ! If the colonists are without legal enactments to secure the proper treatment of the slaves, they are impre- cated for leaving their poor bondmen without protection; if they have laws which appear General Remarks. 25 to be severe, these, we are assured, are strictly en- forced; but if they pass meliorating laws, these are incapable of being enforced; were intended merely to deceive the humane at home; and are, in practice, a dead letter 'made, laughed at, and forgotten.' Well may we ask, ' Can any good thing come out of Nazareth ?' To defend ourselves from such calumnies, to be compelled to refute charges, which, in charity to human nature, one would suppose beyond belief, is sufficiently painful and humiliating, and re- quires a degree of patience which a sense of duty alone can inspire. But absurd as it is, to publish now, as the existing state of slavery in the colonies, what was written as descriptive of it (whether truly or otherwise) prior to the abolition ; and equally extravagant as it is for the British public to believe that members of its own family, crossing the Atlantic, between whom and them- selves there exists so constant a communication and interchange of sentiments, should become such merciless tyrants so dead to every proper feeling of humanity and justice ; yet, it is a me- lancholy truth that they have believed it, and that the infatuation has reached a height which threatens to overwhelm in one general calamity the colonists and the very slaves themselves, whose con- dition it is the object of the benevolent to improve. It would be tedious and useless to follow Mr. Stephen through all his unwarranted assertions and sophistry, in a chapter consisting of 100 pages ; 26 Slavery a constrained Servitude. but nothing that bears fairly on the subject shall be passed over. He has found out, it seems, that there are twelve canons or rules applicable to this slavery, and which are now, for the first time, promulgated to the world. Of these in their order. Slavery a con- ' RULE I. By the law of the colonies, slavery is a constrained t'udt! 1 ^ SerVi " servitude during the life of the slave.' p. 33. Mr. Stephen himself admits, ' that this is a pro- * perty of the state almost universally belonging ' to it, and comprised in the most general ideas we ' form of slavery.' The same we suppose will be admitted as to the issue of slaves being held the property of the person to whom the parents be- longed, wherever the state of slavery has existed. Regulations as ' RULE II. It is a service without wages, p. 33. LV^e C of h ~ What are the wages which the labourer even in Great Britain receives for his services ? The bare means of procuring the necessaries of life, food and raiment, for himself and his family. Of wealth and physical comforts assuredly less falls to his share, than to the plantation labourers of the colonies. The anti- colonists, when advocating emancipation by another view of the subject, represent, and truly, slave labour as more expensive than free. This is not very consistent with Mr. Stephen's CANON ; but it did not suit his present view of slavery to have it believed, that the slaves are remunerated for their labour by at least as many comforts as the working classes in his own country. Regulations as to Food, Clothing, fyc. 27 * A man/ says Hume, ' is obliged to clothe and feed his slave, and he does no more for his servant.' * RULE III. The master is the sole arbiter of the kind, and degree, and time of labour, to which the slave shall be sub- jected; and of the subsistence, or means of obtaining a sub- sistence, which shall be given in return/ p. 33. Mr. Stephen makes a very feeble attempt to support this assertion by referring to old obsolete laws, and evidence founded thereon; but seems to feel that he has not facts to bear him out, and concludes thus : ' It would be tedious to multiply further these citations. In general, it will be found that in none of the islands, prior to 1788, had any legal limitations, real or ostensible, been imposed on the power of the master in these important points. If not restrained by his own conscience or prudence, he might exact labour to any excess, and adopt any scale or manner of susten- tation for his slaves, however narrow and merciless, which his avarice might represent as compatible with their existence and usefulness.' p. 36. Let the impartial reader who is desirous to ascertain, not what the condition of the negroes in the colonies was prior to 1788, but what it is now, refer, on this subject, to the consolidated slave law of Jamaica, of 1816, cap. 25. He will there find it enacted (though Mr. Stephen, professing, as he does, to give a view of the colonial laws, did not find it convenient to speak of enactments so com- pletely subversive of his canon) that all the negroes shall have, exclusive of Sundays, twenty- six days at least in the year, to cultivate their 28 Regulations as to Food, Clothing, own lands, section 4th : that they shall have half an hour for breakfast, and two hours for dinner, section 20: that they shall have the usual holi- days which custom has established at Christmas, Easter, and Whitsunday, section 21 : that no sugar mills shall work between seven o'clock on Saturday evening, and five on Monday morning, section 5 : that a woman having six children alive, and to take care of, shall be exempted from other labour, section 12: and that a statement on oath of the clothing served all slaves annually shall be rendered to the vestries of each parish to be approved of according to law, section 8. These excellent regulations, as well understood by the negroes as by the white people, and fully acted up to, speak a different language from Mr. Stephen, and completely disprove his canon. That the twenty- six days allowed by law to the slaves for the cultivation of their lands are suffici- ent, and more than sufficient, we have the autho- rity of Mr. Stephen himself. Enlarging on a favourite topic, the starvation of the ' poor, op- ' pressed bondmen/ he asks, p. 91. ' Why are ' these poor beings, who, in a climate, and on a * soil, that would yield them a years subsistence for ' the labour of a week, worked hard, not for one c week in the year, but the whole fifty-two, to ' endure nevertheless the miseries of famine V In this instance it is evident the colonists are more liberal than the philanthropist thinks necessary, as it is undeniable, that instead of a week, they Time of Labour, <$c. 29 allow 'these poor beings' a month (twenty-six working days) to cultivate their lands. In a note in the same page, he says, ' Mr. ' Barham, in his Considerations on the abolition ' of slavery, has repeated this statement (that from ' the exuberant productiveness of a tropical soil ' and climate, the labour of a week will furnish ' subsistence for a year) which his brethren, the ' sugar planters, have often made before. A hun- ' dred West India authorities might be cited to ' the same effect ; and I have one at present before * me, which may be the more satisfactory, because ' it comes from Haiti, where the theory is in some ' degree reduced into practice ;* the negroes there ' working for themselves at their own choice, and ' many of them doubtless no more than the sub- ' sistence of their family demands.' If this is the case if all the labour performed by . the emancipated slaves of St. Domingo amounts only to one week in the year, it would surely be superfluous to look for any other argument to satisfy the people of England what they are to expect from their colonies when placed, as pro- posed, in the same enviable situation. How far such idleness is a blessing to an ignorant people, or likely to promote their civilization, is a question not difficult to answer. To conclude on this subject, the law of Jamaica, as has been shewn, provides that ' the slaves shall ' have twenty-six working days, at least, in the year ' allowed them to cultivate their own lands, be- 30 Master s discretion in punishing his Slaves. Master's dis- cretion in pu- nishing his slaves limited by law. ' sides the usual holidays which custom has esta- < blished at Christmas, Easter, and, Whitsunday 1 for their diversions.' This number of days, and often more, is given to them; the overseer of every plantation in Jamaica solemnly swears to the fact; yet Mr. S. asks 'Why are these poor ' beings worked hard, not for one week in the year, ' but the whole jifty-two ? And the Edinburgh Review with equal effrontery asserts, ' that the ' slaves must devote the greater part of Sunday 6 to working in their provision grounds, no other ' time being allowed them for that purpose.' No. 79, p. 228. * RULE IV. The master may imprison, beat, scourge, wound, and otherwise afflict or injure the person of his slave, at his discretion/ p. 36. With what unblushing effrontery is this false assertion brought forward and made an undisputed canon! Any person in London may steal, rob, murder ; but if he does, it is at his peril : and any person in Jamaica who wounds or injures the per- son of a slave, must equally abide the conse- quences of such flagitious conduct. It is true, the master has a discretion in punishing his slaves ; but, instead of being absolute as represented in the canon, Mr. S. well knows that it is limited to the infliction of thirty-nine stripes. To this canon then, as to his delineation of negro slavery in ge- neral, we may apply the line of the poet regard- ing the Popish plot * Some truth there was, but dash'd and brew'd with lies.' Colonial and Roman Slavery compared. 31 To inflame the public feeling against the colo- nists, he quotes, under this head, an obsolete sta- tute, which long disgraced the little island of Bar- badoes, by which the murder of a slave subjected the perpetrator to only a small fine ; and, com- menting on the words of the act by which that law was repealed, and which are not perhaps the fittest that might have been employed, he takes ample advantage, by putting the worst construc- tion on them, of a circumstance he himself notices in his preface, that ' in many or most of the colo- ' nies, acts were drawn up and passed, without any ' professional aid, by the planters and other mem- ' bers of Assembly,' p. 60. Mr. Stephen, throughout his book, strives by colonial and ~ ,./> ,11 r- Roman Slavery every sort of artifice to aggravate the slavery of compared. the British West India colonies, and represent it as infinitely more degrading, cruel, and oppressive, than any other that ever existed among mankind. For this purpose it is often necessary not only to exaggerate the severities of our colonial slave laws, as they existed thirty or forty years ago, and to impute to his countrymen there, the most unheard- of cruelties, but also to palliate the undeniable severity of other slave codes. The following is a curious specimen of this : 1 The Roman father might put his son to death, as well as his slave, was entitled to the property he acquired, and might exer- cise over him the same inferior authorities of scourging, impri- soning, chaining, and even selling into slavery. Nay, the 32 Roman Slavery. Roman law, barbarous as it was in regard to slaves, carried the power of the parent, higher than that of the master ; for the son might be three times sold; the slave only once. If the latter was enfranchised by the buyer, he was for ever free ; but the son, though manumitted by a first and second purchaser, might be sold a third time by the father. It is certainly some excuse for the Roman lawgivers, and if the manners of their country, at the time of the introduction of the law of the twelve tables, were fully known, perhaps the excuse might rise almost into a justification, that the paterfamilias was not intrusted with greater power over his slaves, than over his own children, who were equally amenable to the same MILD DOMESTIC FORUM.' p. 43. God forbid that the slavery of the British colo- nies should have any features of resemblance to that among the Romans, where all the captives, during the endless wars in which the republic was engaged, were devoted indiscriminately to the sword or to slavery; where the amphitheatre echoed to the groans of the dying gladiators, or the earth itself laboured with the multitude of crucified slaves ! How extremely uncandid and disingenu- ous in our author, even on his own description of it, to call that atrocious system a mild domestic forum; and to represent that of our colonies in the West as tyrannical and oppressive in compa- rison ! Roman sia- Perhaps the reader may ask if there were no circumstances to * excuse/ if not to justify our early colonists for the severity of their laws ; such as the savage character of the newly imported Africans, some tribes of whom were altogether Slavery of Hindostan. 33 cannibals, and the great number of them as com- pared with their masters? But he will look in vain to Mr. Stephen for excuse or apology for them. The leniency of the slavery of Hindostan, is slavery of Hin- proved by an argument very similar to that by which the mild domestic forum of the Roman sla- very is established. It seems that there a person has the same power of chastising ' with a lash or ' a bamboo twig/ his wife, son, pupil, or younger brother, as his male or female slave. After quot- ing a law to this effect, Mr. S. goes on : * Here ' we see that the slave of Hindostan is, in point of ' corporeal punishment, subject only to the same < domestic authority, which equally extends over ' the wife, the son, the pupil, or younger brother ' of his master ; and other instances of the leni- * ency of this bondage will hereafter appear, p. 42. The argument is a strong one : a man must be greatly more humane to his male and female slaves, from having been accustomed to use the lash and the bamboo twig on his wife, his son, his pupil, and younger brother ; and the consumers of East India sugar must find its sweetness doubled from such a convincing proof of the leniency of the slavery of Hindostan! How strange, that so simple a method of bettering the condition of the slaves in our colonies should never till now have been suggested. 34 Corporal Punishment. Corporal Pa- < R UL E V. These harsh powers of the master may all be ex- ercised, not by himself only in person, but by his represen- tatives and agents of every description, and by every person, whether bond or free, who is clothed in any manner with his authority.' p. 46. The British public is ever ready to lend an ear to tales of distress, and its indignation is easily roused by the recital of acts of oppression. This generous feeling, it is not difficult for the artful to work upon ; but surely few can attach belief to so extravagant a charge as this, unsup- ported by proof, and at direct variance with every known principle of human feeling and action. Even an animal dependent on us is re- garded with some degree of tenderness : and is it to be believed that a West Indian can be so void of affection for his purchased servant, a fellow- creature so entirely dependent on him, and on whose welfare he himself so much depends, as to authorise his representatives and agents of every description to beat, scourge, wound, and other- wise afflict or injure him at their discretion ? I pity the man who has the heart to believe this. That corporal punishment forms a part of the system of slavery is not denied ; for minor offences " it is perhaps the only penal restraint of practical enforcement, in a state of society where every master has a direct interest in screening his slave from criminal prosecutions, which would neces- sarily occasion expence and a temporary loss of the culprit's labour. If a servant in England is Corporal Punishment. 35 negligent, or disobedient, or commits an immoral act, his master has the ready means of punish- ment by turning him adrift in the world; and if he is guilty of a crime that subjects him to the penalties of the law, his master has but little in- terest in screening him from its vengeance. Very different is the case of a slave. If he offends by negligence or disobedience, theft, desertion, &c. it is obvious his master cannot punish him in the same manner by turning him adrift, and his punish- ment by a court of law cannot be accomplished without considerable expence and trouble. To these circumstances we must ascribe the power of punishment entrusted with the masters, wherever slavery has existed in the world. Among the Romans, this power extended to the taking away of life ; and in the earlier days of our own colo- nies, when the slave population consisted of only newly imported lawless Africans, it appears that corporal punishment was altogether unlimited, and even the killing of a slave was punished only by a small fine. But this arbitrary and unlimited power, necessary perhaps then, is not now requir- ed, and is not now possessed by the master. In Jamaica, the murder of a slave was long ago made felony, and punished by death: more recently corporal punishment was limited to the infliction of thirty-nine stripes ; and only a few years ago, the use of chains, except for the confinement of public criminals, was altogether abolished. These changes are not to be attributed to greater huma- D 2 36 Corporal Punishment. nity in the colonists, so much as to the more im- proved habits of the slaves ; and as they continue to advance in civilization, the laws regarding them will continue to be meliorated accordingly. In the meantime, to diminish the power of the mas- ters below what is necessary to maintain order and subordination, however well meant, would not benefit, but injure the slaves; no one, who has had the means of knowing what the negroes at present are, would even on their account advise that a limited power of correction should not be possess- ed by their masters. But the use of a power does not justify the abuse of it, if such a charge can be established. Mr. Stephen, in considering this question, first assumes that a master and others under him may commit the most horrid cruelties ; concludes, of course, that they do; and proceeds, in his usual style, to execrate the tyrannical oppressors, and invoke commiseration for their victims. We shall not follow him here ; neither can it be necessary to ransack old records for obsolete or repealed laws; as the question, in the minds of impartial people, is not what the laws were, but what they are ; and what the condition of the slaves in our colonies is at the present day. By reference to the slave law, passed in 1816, cap. 25, section 27, it will be seen that no subor- dinate person can, for any offence, punish a negro with more than ten stripes ; and that the overseer *>r owner himself can only go the length of thirty- Plantation Management. 37 nine ; and this, when inflicted, is often the punish- ment of crimes for which hundreds in England annually pay the forfeit of their lives. Mr. Stephen sneers at this law: ' A man might laugh,' he says, ' if compassion did not inspire a graver emotion, ' at a restriction like this,' p. 40 ; and then proceeds to prove, in what he no doubt deems a very sa- tisfactory way, that the restriction amounts to nothing, or is only calculated to produce a ' con- ' tinuity of punishment, as the invention of the * master must be very barren to be sure, were he * at any loss to find reasons enough for using his ' whip as often as he pleases.' Why, Shylock,, raging for his pound of flesh, was a merciful man, compared with Britons in the West Indies, who set their inventions to work to ' find reasons ' to indulge themselves in the pleasure of whipping; innocent men, women, and children, their own dependents, and entitled to look up to them for protection ! To s^ive an idea of plantation management, and Plantation Ma- nagement. of the checks there are to prevent an abuse of power, it is proper to mention, that estates in Jamaica are managed by overseers appointed by the proprietors, or their attorneys. The over- seer again employs book-keepers and tradesmen to attend to the subordinate duties of the plantation, making the number of white people in all, equal to about one for every fifty slaves, which, averaged at three hundred to each sugar 38 Description of the Drivers or Head Negroes. plantation, gives five or six white persons to each property. The overseer presides at the head of the plantation table, and it is almost unnecessary to add, that upon his prudence, humanity, and good sense, depends not only the prosperity of the estate, but in a great measure, the comfort of the white people, and to some extent also that of the negroes. About fifteen or twenty years ago, it will readily be admitted, the young men in sub- ordinate situations were allowed too great latitude in the punishment of the slaves, and the same remark applies to the drivers or head men ; but of late years, a very great change has taken place. No book-keeper or tradesman, on well managed properties, is now suffered to use the whip at all, or to lift his hand against a slave ; all they can do is to represent the case to the overseer, or per- haps send the culprit to the stocks till this is done. A fair hearing is then afforded to both parties : if the book-keeper establishes his charge, the negro is punished ; if not, he not unfrequently loses his own situation. The complaint that negro evidence is rejected, does not apply here; at this summary court, in settling petty differences between negro and negro, and between the negroes and subordi- nate white or other free persons, it has every at- tention paid to it; and they are by no means deficient in abilities to state their own case. Description of But it is not only the subordinate white persons, the Drivers or ,. -it/r ci i Head Negroes, who, according to Mr. btephen, are clothed with Description of the Drivers or Head Negroes. 39 an unbounded licence ' to beat, scourge, wound, ' and otherwise afflict and injure' the slaves ; ' it ' would be well,' says he, ' comparatively, for ' plantation slaves, if the delegation ended here ; ' it descends also to the drivers.' p. 48. This charge applies to times past, but not to the present. Formerly, as above stated, the drivers, as well as the book-keepers, had too great latitude in punishing slaves; but this is not now per- mitted. Assuming however, that the drivers are entrusted with an unlimited power of the whip over their brethren, Mr. Stephen has a fine subject for his pencil. He describes them as being ' selected from among the most athletic/ to make sure that they have full strength to satiate theia cruelty of disposition ; and as ' plump, robust, and ' pre-eminent in health and strength,' (p. 55.) that they may appear the more formidable rivals in the amours he represents them as having with the men's wives under their authority; and, having drawn an imaginary picture of horror, he con- cludes by imploring ' the pure and compassionate * heart to consider what, in such cases, is likely to ' be the odious use of their power, and of the * terror they are able to excite.' p. 56. Now what is the fact? That in nineteen cases out of twenty, the driver or principal superin- tendant upon an estate, the only responsible negro, instead of being athletic, plump, and robust, is an old grey-headed man, selected in considera- tion of his good conduct, intelligence, and esta- 40 Description of the Drivers or Head Negroes. blished character for sobriety, attention, and ho- nesty, and the influence he possesses among the other slaves on the property ; an influence gained, as in other communities, by meriting their respect, and felt the more strongly when old age superadds a feeling of veneration. Next to a good overseer, the welfare of a plantation depends mainly on a good driver, or headman, as he is more properly called by the negroes. He superintends the la- bour of the principal or great gang ; but this is only a secondary part of his duty : he must be a man who has the interest of his master's property at heart ; he must have an eye to every depart- ment, see that the cattle are regularly worked, that the watchmen do their duty in protecting the cane-fields from being trespassed upon by stock, and the provision-fields from depredations of thieves. Above all, he must be a man whose good character commands respect among his fellow- labourers; and in this case, his influence and authority are truly valuable. Many petty crimer, may be committed by the slaves, and concealed from the overseer, which cannot so easily be con- cealed from the driver ; against such, of course, he acts as a salutary check. These are the quali- fications required in the headman on a plantation ; and considering how important it is to the over- seer to have such an assistant, it is manifest how deep an interest he has in selecting the best qua- lified, and how unimportant it is that the person be ATHLETIC. It is true he carries a whip a Description of the Drivers or Head Negroes. 41 practice established at a period, and during a state of things, when the use of it was perhaps abso- lutely necessary, and which custom yet continues, although it has now become little more than the badge of his office, as the accustomed amount of work is known by the negroes and performed without coercion. He invariably, also, carries a long staff with a crutch or crook on its head, round which his whip is attached, and which serves him to rest upon. Instead, therefore, of an * athletic, plump, and ' robust,' young man, exercising his strength in cutting and slashing a parcel of unhappy creatures placed under his unmerciful authority, and indulg- ing himself in licentious amours ; go to a field of labourers in Jamaica, and you will see a venerable old man standing behind them, leaning over his staff, and engaged in conversation with some one of the gang, among whom as many jokes are passed, (often at the expence of the white people, whose foibles they are not long in disco- vering), and as much noisy mirth prevails, as in a field of labourers in the mother country ; generally, indeed, much more. To expose the fictions circulated in England under the title of the Driving System, fyc. we would only ask of an impartial person to go and see our labourers in the field, and say if their appearance bespeaks that starvation, if the work they are per- forming bespeaks that oppression, or if the mirth that prevails bespeaks that sense of degradation 42 The Whip. and broken-heartedness, of which he has heard such affecting reports. False and unmerited as the charges against the white people of the colonies are, they are not more unfounded than those brought against the head-negroes, who, taken all in all (and I speak from a personal knowledge of a great many), form a body of people, who, notwithstanding their skins are black, would command respect in any country. Mr. Stephen himself says, they are se- lected from * the most intelligent' of the slaves ; which is true : but on what principle he can satisfy his friends, that, the most intelligent of this class of people being such merciless and depraved characters as he represents them, the general mass are so amiable, so little likely to deserve punishment, and so well prepared for general emancipation, is a mystery we cannot compre- hend. The whip. After the drivers, follows a description of the whip ; and, considering what kind of * athletic' hands it is placed in, the reader cannot be sur- prised to learn, that at ' one stroke it will fairly * cut through the tough hide of a mule ! ' The truth, however, is, that the cat used in the mother country, whatever may be represented or believed to the contrary, is by far the more formidable in- strument of the two. A few years ago, a gentle- man, not unknown in the literary world, and who is a considerable proprietor in Jamaica, made an The Whip. 43 attempt to do away with the whip on his estates, and to substitute the cat in its stead. One ac- cordingly was prepared, and proved on applica- tion so insignificant, that the negroes laughed at it, and by way of derision called it pussy. While things were in this state, the commander of a ship of war, then lying in Port Royal, happened to call at the estate. Among other subjects of conversation, this of pussy being brought on the carpet, the captain requested a sight of it ; and after a hearty laugh, said, if worth sending for, he would let his boatswain prepare one as a pattern, such as is commonly used in the navy. This was done ; nothing more was said of pussy. In a few months great complaints were made against the cat; and the people were almost in open rebellion at what they boldly termed an unlawful instrument of punishment. Of course it was laid aside. It would indeed be a blessed consummation, if corporal punishments could be altogether dis- pensed with among mankind ; but if this cannot yet be accomplished in a nation, that boasts itself at the head of civilization, it is surely unreason- able to look for it among a people only emerging from barbarism. The disuse of the whip ought, however, to keep pace with the advances made in civilization ; and let those who have seen, say, if it has not done so in the colonies ? As far as my observation goes, there is not now one punish- 44 The Whip. ment inflicted for twenty that were at the time I went to Jamaica, in 1803. On some plantations, the whip has ceased to be exhibited in the field, and it is much to be wished that this was universal ; but what is prac- ticable on one estate, is not always so on another. In the character of the negroes, even on two ad- joining estates, there is often a wide difference : one of the gangs will be industrious, sober, and well-behaved ; the other prone to desertion, and with no disposition to work, either for themselves or their masters. Here, it is impossible to adopt exactly the same mode of management : but the carrying of a whip in the field ought to be dis- continued in every case where it is practicable ; and unquestionably it is carried at present on many plantations merely from custom, and as a badge of authority, where there exists no real necessity. This is improper; and brings us to the question, whether the law ought not at once to put an end to so degrading a practice ? De- sirable as its disuse would be, I confess I should hesitate to recommend such a measure, from a dread of misapprehension, on the part of the slaves, of the object or extent of a law so directly interfering between them and their masters. In some cases, it might lead to increased delin- quency, and consequent severity ; and even more serious consequences might be apprehended. But whatever may be the duty of the legislature, that Property of Slaves respected. 45 of every individual concerned in the management of negroes clearly is, to abolish as fast as he can a practice so revolting; and which, generally speaking, is no longer necessary, however dan- gerous the immediate abolition of it by law might be. In Jamaica, punishment is seldom inflicted on the day the crime has been committed ; but early on the following morning. There could not, I think, be any good objection to this being made peremptory by law ; nor to the presence of another free person besides the overseer being made neces- sary, as has been proposed. Records of punish- ments have long been kept on many plantations, and are proper ; but to make the manager swear to them, seems a measure of doubtful utility. A man capable of inflicting cruel or improper pu- nishments, would scarcely stick at an oath. The good do not require such restraints, and the bad would not be restrained by them. Fortunately, there are more powerful checks on such wicked- ness, which will be noticed as we proceed. * RULE VI. Slaves have no legal rights of property in things Property of real or personal ; and whatever property they may acquire, S p ecte( j. belongs in point of law to the master.' p. 58. Here, the British West Indians are put to shame, not only by the Roman, the Spartan, the German, the Polish, the English, the Spanish, and the Portuguese slave laws, but even by that of the coast of Guinea ! 46 Property of Slaves respected. Yet, on our author's own showing, the most of these codes, or the more important of them, were the same, or harsher than that in our colonies, though he labours to draw distinctions, disadvan- tageous to his countrymen. In point of fact, the right of a slave to his property in the West Indies is held equally sacred as his master's right to his estate. Even Mr. Stephen concludes with a reluc- tant acknowledgement, qualified as any thing he must admit in their favour always is, that ' with a few exceptions, he believes' the master never as- serts his right to his slave's property; and we shall only add, that if the Romans, whom he sets so far above Englishmen of the present day, could never have been accused by their most inveterate enemy of asserting a title to the property or peculium of their slaves, it is manifest there would have been no occasion for ' many anxious provisions in the Im- ' perial code, ' to protect it to them. But such is Mr. Stephen's virulence against his own country- men, that every thing is with ' metaphysical sub- tlety' turned against them, however obviously to common sense it makes in their favour ; and when he has nothing else, he has always abuse for them. For this purpose, an anecdote is intro- duced respecting a slave called Amachree, in New Calabar, who offered a hundred slaves for his freedom ; and which offer, his master, who was a poor man, would gladly have accepted, but could not, from its being contrary to the law of that country that a purchased slave should become Property of Slaves respected. 47 free. p. 60. The cruelty of such a law (not being a colonial law) is of course passed over; but the story serves to introduce the following most bar- barous attack on the West India character : ' From this country, I beg the reader to remark, slaves were brought to improve their happiness in the British West Indies; for such some of our planters, or their witnesses, were pleased to assert was the consequence, if not even the motive of their removal. ' A comparison between the states called Slavery in those two opposite quarters of the world, in point of treatment by the master, will belong to another part of this work ; but I would here shortly infer from the fact related by Mr. Penny, that the poor African master was either a miracle of generosity, or he was not legally armed, like a West India planter, with the power of the dungeon, the chain, and the whip. * A little of this iron,' said a poor but warlike barbarian, * will win all that gold.' ' A little of this thong ,' might the poor African master have said, had he possessed West Indian authority, ' will make you glad to give some part of that hundred-fold value of yours, to relieve my necessities. I need not, therefore, solicit the state for a licence to supply my wants, by selling to you your freedom.' p. 61. What other impression does this convey what other is it meant to convey, but that ' the West ' India planters, legally armed with the power of ' the dungeon, the chain, and the whip, ' use them to extort from their humble labourers the fruits of their industry? For what purpose such a monstrous accusation was brought forward, it is impossible to conjecture; as in the very next passage he ac- knowledges it to be without the shadow of foun- dation. Can we suppose his disposition to ca- 48 Comfortable circumstances of the lumniate the colonists too strong to be resisted, even when it could be indulged only at the ex- pence of the most palpable inconsistency ? Be this as it may, as the reader has seen, on Mr. Stephen's authority, that Englishmen in the co- lonies rob their slaves, let him now learn from the same authority that they do not, marking the reluctance with which the concession is made, and deciding as he can between such opposite statements. ' It is indeed alleged by the colonial party, that though the master is legally entitled to all the property acquired by the slave, he never asserts that title ; and, with a few exceptions, / believe the proposition to be true. The slave's little property is, indeed, sometimes seized by way of punishment, or as a mean of obtaining restitution of property suspected to have been stolen from the master ; but upon purely sordid principles, I remember only one instance of such an exercise of the owner's power, and in that, his conduct was generally con- demned.' p, 61. Comfortable The poverty and starvation of the West Indian circumstances of the slaves in labourers, at least as respects Jamaica, are as un- Jamaica, their allowances, &c. founded as the charges with regard to cruel and excessive punishment. However unaccountable it may appear to those who have taken their in- formation from Mr. Stephen, however incon- sistent with his description of their situation, and the rapacity of their owners, the truth neverthe- less is, that the great body of them are in easy comfortable circumstances ; and not a few in the possession of actual wealth. . Slaves in Jamaica. 49 I shall here state a circumstance which I wit- nessed shortly before leaving Jamaica ; not that there is any thing extraordinary in it, but because it may tend to give a more correct idea of the situation of the slaves. I was present when a gentleman, who owns about sixty-five negroes, delivered to them their annual allowance of cloth- ing. The adults had each seven yards of baize, ten of osnaburgh, and four of linen check, with thread, a hat, cap, knife and needle; being suffi- cient for three complete suits, one of woollen, and two of linen. Boys, girls, and children were served in similar proportions ; the females, young and old, receiving in addition as much printed cotton each as would make a gown. Mothers took the allowances for their families, and some of them went away fully laden, with their little ones running about them. The master of these people had occasion to purchase a considerable quantity of provisions for the use of shipping, , and very naturally gave a preference to his own people, as an encouragement to industry. From the recent introduction of island or treasury notes, the circu- lation of which, had in a great measure superseded that of silver, he had been unable for two or three months to procure small money to pay for these petty purchases, and his clerk had, on receiving 100 or 200 plantains or parcels of yams, given a ticket of acknowledgement. Means being pro- vided, notice was given, when they came for their clothing, to bring those tickets for payment, and I 50 Comfortable circumstances of the Slaves, 8$c. saw upwards of 30 paid in dollars to the indus- trious individuals of this gang, for articles sold to their master alone, in less than three months; while they had probably sold as much, or twice as much in the public market. Of course they were not all industrious ; but to those who received it, this was entirely surplus wealth, to be stored, or spent in luxuries, as they chose ; for they had their houses and land (with ample time to cultivate it), clothing, medical attendance, and in short, every necessary provided for them by their master. It should also be stated, as refuting a distinction Mr. Stephen lays great stress on, that these people are not mechanics, but field negroes and jobbers. I may add, that several of them are married, and attend church regularly, well dressed, with linen shirts, shoes and stockings, and cloth coats, the quality of which is scarcely inferior to that of their master; nor would they use any kind of ceremony in rubbing shoulders with such a personage as our author himself, in taking their seats inside the church, instead of ' peeping in with a timid and ' wondering countenance, in order to gratify their ' curiosity, at one of the doors or windows/ p. 215. In the parish of St. Thomas in the East, with which I am more particularly acquainted, I affirm from the evidence of my own eyesight, that the congre- gations in the several places of worship, of which there are six, consisting principally of slaves, would bear comparison, in point of dress and or- derly deportment, with the generality of country Independent air of the Negroes. 51 congregations in Britain.* Not a few of the slaves, coming from a distance, ride their own horses to church. In the little village of Bath, where there is a chapel of ease, and a Wesleyan meeting-house, the number of their horses, which during divine service are tied up under the shade of the trees in the street, never fails to attract the attention of strangers . By the law, indeed, slaves (for no good reason, that I can see,) are not allowed to own horses ; but in this, as in many other instances, the practice is better than the law. It is almost needless to ob- serve, that they purchase their Sunday dresses for themselves, the clothing allowed them by their masters being used only for working dresses, and frequently sold by them when not wanted. They receive their allowances of every kind independent air * of the negroes. with the same independent feeling that labourers in this country receive their wages, and perhaps with even greater independence of manner. In taking his annual allowance of clothing, a negro examines minutely that he has full measure, that no one receives more than he does, and that what he receives is free from blemish. If he happens to get the end or outside of a web in the least rubbed or damaged, he returns it with the utmost indignity, and will take none if he does not get it * Mr. Trew, Rector of St. Thomas in the East, Jamaica, has transmitted to this society an extract from his parish register, by which it appears that from the 14th December, 1817, to the 21st of March, 1824, he has married 3488 slaves, and baptized 2056. Mr. Stainsley states, that he has 800 regular attendants, and 200 communicants. Reports of the incorporated Society for the Conversion find religious Instruction of the Negro Slaves in the British West India Colonies, 1824. E 2 52 Independent air of tlie Negroes. as good as others. In fact, there is no feature in the negro character that would strike a stranger more strongly, than the air of independence he will find, where, perhaps, he expected the most abject servility. This may appear paradoxical; but the truth is, a negro is a very different being from what he is commonly represented : acknow- ledging fully the master's right to his labour, he justly considers the master bound to support him, and feels under no obligation whatever for the house and land he holds of him, or the other allow- ances which law or usage assign him for his labour. He knows that for withholding that labour he is liable to punishment by the master who supports him; but he knows also the service required of him, and that he has nothing to fear when that service is performed. He has his own time also; and if any part of it happens to be required by his master, it must be repaid. If a house-servant, for instance, is employed on Sunday, another must take his place some other day in the week, that he may have the day due to him. If a negro makes a feast, and kills a hog for the occasion, this, of course, is at his own expence ; but if, when sick, and in the hospital, a few of his own poultry (from a difficulty in procuring others) are killed for his use, he not unfrequently demands and receives payment for them ; it being considered as much the master's business to supply him, under these circumstances, with poultry, as with wine, if he stands in need of it. Anecdote of the late Simon Taylor, Esq. 53 As Mr. Stephen has given an anecdote to shew Anecdote of the how the property of slaves is respected in Africa, and intimated what, according to his belief, would have been the conduct of a British West India planter in such a case, I shall take leave to give one also ; and this I do the more readily, as the cir- cumstances of it came within my own knowledge. In the garden fronting the spacious mansion- house of Holland, the property of the late honourable Simon Taylor, in the parish of St. Thomas in the East, a large cluster of cocoa- nut trees for many years shut out a view of the sea, and obstructed from the house a necessary circulation of air. They were originally planted by the proprietor merely for ornament; but the more substantial use of them the. fruit, was not lost sight of by the negroes ; who soon considered, , not only the fruit, but the trees as their own pro- perty each claiming, as he happened first to have taken possession. In process of time, as new trees sprang from the seed of the old, these were claimed in like manner, till a perfect thicket was reared up, to the serious injury, not only of the mansion-house, but also of the breeze-mill, when the wind was northerly. Still Mr. Taylor, from extreme delicacy, in interfering with what his people claimed as their right, would not allow the trees to be cut down: nor was it till 1807, when the evil greatly increasing, and some deaths having taken place, attributed to the house being so much covered, that, at the request of Mr. 54 Slaves regarded as property. Hunter, the manager, he consented, provided the sanction of his negroes could be obtained by giving them a compensation, but not otherwise ; for, added he, they have long claimed these trees as their own, and that claim I never shall dispute with them. These instructions were faithfully attended to; the overseer durst not act otherwise; and not a tree was felled until the person claiming it had received what he acknowledged to be a full com- pensation. Thus Mr. Taylor paid to his own labourers 1. 6s. 8d. for each cocoa-nut tree cut in his own garden. Slaves regard- < RULE VII. The v Slave, in the British Colonies, is at all times liable to be sold, or otherwise aliened, at the will of the master, as absolutely in all respects, as cattle, or any other personal effects/ * RULE VIII. He is also at all times, liable to be sold by process of law, for satisfaction of the debts of a living, or the debts or bequests of a deceased master, at the suit of creditors or legatees.' ' RULE IX. In consequence of a transfer in either of these ways, or by the authority of his immediate owner, the slave may be at any time exiled, in a moment, and for ever, from his home, his family, and the colony in which he was born, or in which he has long been settled.' p. 63. These rules, classed together by Mr. Stephen, briefly amount to this that slaves are held to be property, and sold as such. From the researches he has made into ancient slavery, on this point, it appears, ' that in some countries at least, and ' under some particular circumstances, men in this ' condition might be alienated without the domain, Slaves sold in families, $c. 56 * or without the whole of the domain, to which they * belonged/ p. 64. But ' of the liability of the slaves to be seized ' and sold separate from the lands they cultivate, 6 by the master's creditors for the payment of his * debts, it may safely, I believe, be pronounced, * that a precedent for such cruel injustice is not * to be found in any part of the Old World.' p. 68. Granting it were so, what is the difference to the slave, between being sold by the creditors, or the creditors compelling the master to sell him, which they must by some means have had in their power ? Mr. Stephen, who has, it seems, a perfect knowledge of the customs, institutions, and state of society, among the various tribes, and tongues in Africa, assures us, that even barbarous Africa, the fountain-head of slavery, ' will not ' furnish a pattern of this feature of colonial despo- tism !' p. 71. Jamaica contains nearly one-half of all the slaves sold i _ . _-_.,. T i t 11 families and slaves in the British West India colonies ; and let allowed to me ask Mr. Stephen, if he ever heard of a slave being sold from thence to serve a new master in a distant island or territory ? Or, if he ever heard of the wife and husband being sold to different masters in different counties in that island ? Not only are families sold together, but in ge- neral allowed to choose a master for themselves : and to regulate sales under process of distress, 56 Sales of Slaves. when the owner had not this in his power, a law was passed nearly one hundred years ago, 8 Geo. II. cap. 6, sec. 9, which enacts, that slaves sold under writs of Venditione, shall be sold in families. Had this law passed since the agitation of the Registry question, Mr. Stephen, no doubt, would have ascribed it to ' his thunder,' as he has done all other changes favourable to the slaves ; but as it was passed in 1735, it will be difficult to ascribe it to any other cause than a proper feeling of hu- manity on the part of the colonists themselves, even in those days of comparative barbarity. The philanthrophists of the present day can therefore have little merit in calling attention to an evil, that was so long ago seen and remedied. sales of slaves. Purchases of negroes often cannot be effected, in consequence of their dislike to go to the plan- tation they are wanted for; and the removal o f them never is attempted but with their own free consent and approbation. Public sales are rare, but under process of distress ; and although these look formidable in the marshall's advertisements, they are confined in a great measure to the slaves of poor people, who possess only a few, and whose slaves are commonly bettered by getting out of such hands. Where the slaves do not belong to poor people, the marshall's sales are frequently nominal, for the purpose of making good the con- veyance on a private sale, as will afterwards be explained. On occasion of such sales, I have Sales of Slaves. 57 seen the negroes openly abuse white persons who wished to purchase them, and of whose characters as masters, they had heard an unfavourable report. Their language was to this effect: ' We know you ' well we knoio what your plantation is and ' how you treat your negroes. If you buy us you will ' lose your money; we will not have you for a master * we will not belong to you, nor work for you, if we 1 should go and live in the woods.' No man in his senses would wish to be the master of people who entertained sentiments of this kind towards him ; or, indeed, of people who were not perfectly willing to belong to him. Proofs enough could be ad- duced of intended sales and transfers of slaves from place to place, which have been abandoned for no other reason than that the slaves, after sending a deputation of their own body to inspect the new situation, have decidedly objected to the removal. It is complained of as a hardship in the sale of slaves, that ' if, as it ordinarily happens, the ' dearest relatives of the slave belong to neigh- * bouring estates, and are the property of different ' owners ; these, as well as his home, may be lost ' for ever, by the death of his immediate master/ p. 72. Here our author's information is not correct ; slaves are not ordinarily so connected ; there may be indeed occasional cases of men forming con- nections on perhaps several different estates ; but such characters generally give themselves little 58 Sales of Slaves. concern about their offspring, who they know will be provided for by those to whom they belong; and even if removed from the scene of their licen- * tious indulgence they would not feel it any ' sad ' shipwreck of their happiness.' p. 72. The better description of people, who value the comfort of domestic happiness, attach themselves almost in- variably on the plantation to which they belong. It is also represented as a hardship, that, * slaves are liable to be sold in the life-time of the c owner for his debts, either by executions at law, ' or by decrees of courts of equity ; and in the ' former case, the laws of the islands have ex- ' pressly enacted, that they shall be severed from ' the estates to which they belong : for the mar- ' shall, or sheriff, is directed, not to take in exe- ' cution, or sell, the land of the defendant, until he * has previously sold his slaves, and only in the ' event of the latter not producing a full satisfac- ' tion of the debt.' p. 74. Mr. S. here refers to ' court acts of the different islands,' but has not quoted them. The law of Jamaica provides, that ' for payment of debts and ' legacies, where other goods and chattels are not * sufficient to satisfy them, then so many slaves as * are necessary may be sold,' 50 Geo. III. c. 21. But here the object clearly is to prevent slaves being sold, if there are other goods and chattels ; and if the law directs that slaves shall be sold in preference to the land, the reason is, that a few of them may be sufficient to discharge the debt, and the Sales of Slaves. 59 rest will continue to enjoy their homes; whereas, selling the land first, might displace the whole of the people settled upon it, and the master with them. But such executions are rare : if a planter's debt is small, compared with the value of his pro- perty, he easily finds accommodation : if it is heavy, he grants a security on his land and slaves, and in this case, they go together. Even in the case of legacies, the almost universal cus- tom is, that the heir, or residuary legatee, burdens himself with them, and keeps the property toge- ther. Sales of slaves, by the provost marshall, under writs of execution, or vcnditioni exponas, which present so disagreeable a spectacle, are yet an evil of much less magnitude or extent than is generally supposed in England. Such sales are almost exclusively confined to the slaves of co- loured persons, and the lower class of whites, who seldom are land-owners, and whose slaves, employed as menials or mechanics, working wherever employment can be found, have not the same local attachments as the great body of slaves permanently settled on the plantations ; and, consequently, if they are more subject to a trans- fer, they ,are less affected by it ; not unfrequently indeed, they are much benefited. Moreover, these sales, so offensive in appearance, are in many cases, a mere form, to convey a valid title to encumbered property, when, in point of fact, the sale has been by private bargain, with the 60 Sales of Slaves. previous consent of the slaves to belong to the purchaser often the person who has them in his employment on hire. For instance, I may own twenty negroes who have been hired for eight or ten years on some particular plantation. I get embarrassed, or die, with judgments on record against me ; in either case, these judgments are a bar to a private sale, as I cannot myself, nor, in the case of my death can my executors, grant a valid title ; and to get over the difficulty, an arrangement is made to allow the provost marshall to make a nominal sale. This gives to the trans- action the revolting appearance of a forced sale under an execution, while, in point of fact, the slaves continue in their homes, and become at- tached to the plantation on which they were for- merly hired. Notwithstanding ' the commercial character of ' sugar estates, the ruin of the planters, the mort- ' gages, sales by execution at law,' &c. dwelt on by our author, not on account of the sufferings to the proprietors, but as occasioning the removal of slaves from their homes, I have not, during a resi- dence of twenty years in St. Thomas in the East, one of the largest parishes in Jamaica, known more than two instances there of the slaves being removed from the sugar estates on which they had been settled. These cases occurred at Hampton Court, and Airy Castle estates, which were thrown up, and from which the slaves, much to their joy, were removed in a body to the more Sales of Slaves. 01 fertile domains of Golden Grove and Duckenfield Hall, in the same neighbourhood ; where they may now be considered as permanently attached to the soil, whoever may hold the titles of the estates. It has been stated, that the slaves sold under executions, are almost all the property of the lower class of whites, and the coloured people who be- came possessed of them while the African trade was open, or have succeeded to them since. Among other changes, which, since the abolition of that trade, time has been effecting in the colo- nies, it is not one of the least important, that the negroes are gradually getting into fewer hands. From the people of colour, they are passing to the jobbing gangs of the middle class of white people ; and from these again to the plantations, where, in not many years, they will be all fixed, and sales of slaves, except as attached to the soil, will be almost unknown. Amidst all the difficulties of the late disastrous years to the planters, this change has made progress, and a few years of colonial prosperity would, in a great measure, attach the whole body of slaves in the island to the soil. Humanity must wish to see this happy change accomplished ; yet such is the perverted view unfortunately taken in the mother country of all colonial matters, that many consider friend- ship to the slaves can only be evinced by hostility to the masters that whatever is beneficial to the one class, must be prejudicial to the other ; 62 General Washington. and hence it has been again and again asserted in the House of Commons, that the prosperity of the planter is injurious to the slave ! General Wash- The circumstance of General WASHINGTON en- ington. franchising his slaves by will, is here introduced in a note, p. 73, 'and shews,' says Mr. Stephen, * impressively what he thought of slavery in ge- 'neral; and WASHINGTON, be it remembered, ' did not judge of the state by report/ as too many do in England, and on the report of those who themselves have it on report. With due submission, the circumstances in which WASHINGTON was placed, were not of an ordinary kind ; and he is not a pattern which the generality of mankind can be expected to follow. He was selected by Providence as the man who should have the honour of enfranchising his coun- try, and delivering it from an oppression, not un- like, though much inferior in its violence and per- tinacity, to that with which a party now wishes to crush the less powerful colonies of the present day. He had no family; and if it had been otherwise, the offspring of the hero, who is venerated as 'first in war, first in peace, and jirst in the hearts of his country,' never could have known distress or difficulty. Yet this man was a slave-owner, and a planter in a British colony; and, what is even more strange, out of the four chief magistrates who have presided over that country of freemen by State of slavery in the United States. 63 the choice of the people, three have been selected from the slave states, where, according to Mr. Stephen, the exercise of despotic power, the long administration of an iron system, and the conta- gion of local habits and prejudices, extinguish humanity and convert men into brutes, p. 55. This circumstance a very extraordinary one, certainly, if Mr. Stephen's remark be well founded, may perhaps be better accounted for by another writer, whose authority is entitled to fully as much respect. ' Masters of slaves,' says Mr. Burke, ' are by far the most proud and jealous of their ' freedom. Freedom is to them not only an enjoy- ' ment, but a kind of rank and privilege. Not ' seeing there, that freedom, as in countries where ' it is a common blessing, and broad and general * as the air, may be joined with much abject toil, * with great misery, with all the exterior of ser- ' vitude, liberty looks among them like something ' that is more noble and liberal. Such were all ' the ancient commonwealths ; such were our ' Gothic ancestors ; such in our days were the ' Poles ; and such will be all masters of slaves, * who are not slaves themselves. In them haughti- 6 ness combines with the spirit of freedom, forti- ' fies it, and renders it invincible.' Speaking of General WASHINGTON'S benevolence, state of siaverj an opportunity is taken to say, ' he well knew the states. ' true nature and effect of that state (slavery); but ' in a country where it is generally far milder than 64 State of slavery in the United States. < in our colonies, so much so, as to consist with a ' very rapid increase of population' . p. 73. Now that the slaves are increasing in the state of Vir- ginia, and have as yet decreased in the island of Jamaica, may be true, and is to be accounted for by causes which will be afterwards noticed ; but whether slavery is milder in the former than in the latter, let the reader judge from the folio wing- facts. There slaves are sold without any regard to the separation of families ; there a regular traffic in slaves is carried on ; dealers, as I have witnessed, traverse the country, and purchase them, and thousands are annually shipped from the port of Norfolk in Virginia, to cultivate sugar on the fertile but sickly swamps in Louisiana. There also banishment is the condition of manumission : a master can give freedom to a slave, only upon condition of expelling him from the state. What would be said of such a law in Jamaica ? As another instance of the American laws being far milder than those of the British West India colonies, I quote the following section of the law of South Carolina ' for the better regulation of free * negroes and persons of colour.' * And be it further enacted, That if any vessel shall come into any port or harbour of this state, from any other state or foreign port, having on board any free negroes or persons of colour, as cooks, stewards, mariners, or in other employment on board of the said vessel, such free negroes or persons of colour shall be liable to be seized and confined in gaol, until the said vessel shall clear out and depart from this State : and that Removal of slaves from one island to another. 65 when the said vessel is ready to sail, the captain of the said vessel shall be bound to carry away the said free negro or free person of colour, and to pay the expences of his detention; and in case of his neglect or refusal so to do, he shall be liable to be indicted, and on conviction thereof, shall be fined in a sum not less than one thousand dollars, and imprisoned not less than two months; and such free negroes or persons of colour shall be deemed and taken as absolute slaves, and sold in conformity to the provisions of the act passed the 20th day of December, 1820. Another section of the act prohibits any free negro or person of colour, who shall leave the state, from returning thereto. Such is the state of slavery in the most ancient slave colonies established by Britain, and such the opinion there entertained of a free coloured population; an opinion, founded on experience, however much at variance with that of those bene- volent enthusiasts in England, who have acquired such an influence in the council of the nation ; and whose errors have endangered the existence of possessions, for which Buonaparte sighed, with Europe prostrate at his feet. Ships, colonies, and commerce, he well knew had enabled England to contend with him ; these he promised to France as a reward of her exertions ; these England is now sacrificing at the shrine of misguided enthusiasm. Treating of the sale of slaves, an affecting pic- Removal of ' Slaves from ture is drawn by our author, of the extreme cruelty one island to of removing them from the barren Bahama islands a to a more fertile soil. p. 81, 82. To such removals F 66 Removal of slaves from one island to another. I believe they are no longer subject ; home and country are dear to all, and there is something exceedingly painful in contemplating a people compelled to abandon them by whatever circum- stances : yet this hardship, described with so much feeling, was not peculiar to the slaves. How many of the poor Irish, possessing a land pro- verbial for its fertility, would at the present mo- ment consider it the greatest blessing to be re- moved in families, and put down in New Holland or Canada? And surely it will not be said that they are less attached to their homes than the oppressed slaves, who, according to Mr. Stephen, ' are driven like beasts, worked beyond their ' strength, stinted of necessary food, and thus ' have their days shortened.' p. 82. Few endear- ments can home possess to the wretched being who has found in it nothing but labour, and hunger, and oppression, even to the shortening of his miserable existence ! yet, such are the con- tradictions necessary to support false theories, that in order to give to the removal of a negro all the distress and anguish of the most cruel ba- nishment, it is necessary to suppose him leaving for ever a home where he enjoyed every comfort and happiness, while in the same breath we are assured no such comforts fall to his lot. God for- bid that Mr. Stephen's account of their state and situation were correct ! but if it were, it is clear their removal from one home to another could be no such terrible aggravation of their sufferings. Leasing out of Slaves. 67 * RULE X. The slave may be mortgaged, demised, and Leasing out of settled for any particular estate or estates in possession, remainder, or reversion/ p. 84. Much stress is laid upon this as the cause of great injury to the slaves. Speaking of the leas- ing out of negroes, Mr. S. says, < I never saw in ' any of these leases covenants stipulating for * adequate allowances of food or other necessaries ' to the slaves, or for limiting their work in point ' of time or otherwise, or for restraining excesses ' in punishment. I believe no leases can be ' produced with any such stipulations, though the ' lessors of course have counterparts and are ' almost always resident here. Such omissions * are instructive.' p. 87. Of course the meaning of this last sentence is, they are ' instructive,' as shewing that no attention is paid to the preserva- tion or protection of the slaves. In reply to this, it might be sufficient to observe, that as respects Jamaica, and I presume it is the same in the other islands, the law expressly regulates the allowances of food and time of labour, and guards against ex- cess of punishment. It does not leave points of such vital importance to be regulated by contracts between individuals. But we have our author's own authority, that individuals take the most effectual means to ensure the observance of those regulations, and the proper treatment of their slaves. ' True it is,' says he, ' the lessor gene- ' rally endeavours to guard against such abuses, * or rather to secure himself against loss, when F 2 68 Provision markets of Jamaica ' they are practised, by what is called, a make ' good bargain, namely, by a covenant from the * lessor, to pay for any reduction in number and ' value of the slaves during the term, by appraise- ' ment ; and for the performance of this covenant ' security is commonly required.' p. 86. Now what is this but a stipulation for adequate allowance of food and clothing, and every thing- else necessary for life and well-being? What stronger tie can be devised than self-interest ? If I hire another man's negroes for a certain period, under a stipulation to make good any deteriora- tion that may take place in my employment, surely I will be careful for my own interest, put- ting humanity out of the question, to treat them properly ; and as far as possible to guard against such a calamity. In point of fact I never knew hired negroes, that were not treated by the lessee precisely as his own : a man would be deservedly hooted, not only by the community, but by his own slaves, who should make a distinction in their treatment. Provision Mar- kets of Jamaica supplied by the Slaves. 6 Where else,' asked Mr. Stephen, ' but in the British West Indies, did the subsistence of agricultural slaves depend on provisions to=be bought or imported from abroad ; consequently on the wealth, or the credit of their immediate master? and where else was he ever placed under so strong temptation or necessity to with- hold from them a sufficiency of food.' p. 105. Supplied by the Slaves. 69 It is true that the West India Islands have occa- - sionally been visited with hurricanes, which in one hour have laid waste the cane fields and provision grounds, and on such occasions there have been complaints of scarcity, as in other countries under similar circumstances. But does Mr. Stephen re- quire to be told, that in Jamaica at least, the slaves do not, but on such happily rare occasions, depend on provisions bought or imported ? that whether they are mortgaged or unmortgaged, they have land allotted them, and sufficient time allowed for its cultivation ; that they are not only the growers of their own food, but the farmers who supply the masters of the country with provisions ; that the city of Kingston, and every town and shipping place around the island, is supplied from the sur- plus of their cultivation ; and that an advance on the price of edoes, yams, and plantains, is the cause of as much joy to them, as a rise in the price of sugar and rum to their masters, or of wheat to the English farmer ? The current price of plantains in the negro markets of St. Thomas in the East, for several years, has been three quarters of a dollar per hun- dred about three shillings. Six of these serve a man for a day; consequently, he obtains what constitutes the staff of life, at three pence per day. Edoes and sweet potatoes are yet cheaper, being sold at half a dollar, or about two shillings the hundred, which is under the price of potatoes in this country ; and yet we are told, that disposing 70 Mortgage of a West India estate of their surplus provisions at these prices, the negroes depend for subsistence upon provisions bought and imported from abroad, and that there exists a strong temptation or necessity on the part of their masters, to withhold from them a suffici- ency of food ! The flour and rice imported into Jamaica, are regarded as luxuries, and no more as necessaries than the rice of Carolina is in England. They are used chiefly by the whites, or served to the negroes when sick ; but the latter are fond of them for a change, (as the whites are of plantains,) and buy them when cheap ; and it is not unworthy of notice, that upon many of the estates a sort of business is made by some of the slaves of baking bread and selling it to the others.* Mortgage of a Whether a plantation is mortgaged or not, is a West India . A estate does not matter so little affecting in any way the comfort affect the , slaves. of the slaves, that they seldom know any thing about it ; nay, the mortgage may be foreclosed, and the title-deeds passed to the mortgagee, with- out their knowledge. That many estates are in- volved, and many for even more than they are worth in the present state of things, is but too true ; but what does this amount to, only that the mortgagee is the real proprietor; a fact which many merchants in London at this moment feel to * They bake also a kind of sweet bread, or buns, (the sugar costs nothing) j and when a basket of these is brought into a house, all the little negro children art immediately about their master to be treated. Does not affect the Slaves. 7 J their cost. Does it follow that the slaves suffer from this ? Facts do not bear out such a conclu- sion. The merchant who has his capital invested in a plantation, has too much at stake, and knows too well his owri interest, to withhold what is required for their comfort and welfare. The ex- treme depreciation of West India produce for some years past, has made the strictest economy indis- pensable, but while every other description of plantation stores from England has been yearly curtailed, the clothing and other necessaries for the negroes have been held strictly sacred. Few of the proprietors are resident in the island ; and as their attorneys or representatives, who transmit annually to England lists of such supplies as are required, are in constant intercourse with the slaves, and by them looked up to as their pro- tectors, it may be believed they will not feel dis- posed to make curtailments, more especially as they have no interest in doing so, and besides well know that the slaves, equally ignorant and indifferent whether their labour is or is not pro- ductive to their master, will be dissatisfied and discontented, if they find any of their accustomed allowances withheld. It is due to the proprietors, and no less so to the mortgagees of Jamaica estates, to say, that however unproductive these may be to themselves, (and they are miserably so at the present moment,) they never do curtail the comforts of the slaves. Of this truth, it is in the power of any one who 72 Mortgage of a West India estate, 8$c. wishes, to satisfy himself, by calling on any respectable West India house in London, and comparing the quantity of clothing, salt-provi- sions, rice, flour, medicines, &c. furnished in prosperous times and the present. How long it may be in their power to act in this way, and avert the apprehended crisis described by the Jamaica House of Assembly, when universal ruin shall overwhelm equally the master and his people, we shall not pretend to say ; but most certainly it will not be long, if public opinion is to be guided by misrepresentations, and the safer course of experience superseded by fallacious theories, applied by enthusiasts in England to a foreign community, of the state of which it is evident they are entirely ignorant. Let any sincere philanthropist visit Jamaica, make himself acquainted with its institutions, with the condition and treatment of the labourers, in short, with slavery as it exists in practice ; and then, if he can suggest how it is to be im- proved or ameliorated, consistently with the safety and welfare of the country, we shall not only be ready to listen to, but feel grateful for his suggestions ; but when new and dangerous schemes and innovations, founded upon ignorance and false assumptions, are recommended, * we should,' as Mr. S. expresses it, 'commit actual suicide upon * ourselves, were we to adopt them.' Commercial character of sugar estates. 73 In the chapter we are considering, and through- Commercial out the whole of the work, the commercial cha- sugar Estates, f, j , . how it affects racter of sugar estates is dwelt upon as an aggra- the slaves. vation of West India slavery. ' In what other ' country,' asks Mr. Stephen, * was the land and * slaveholder, a manufacturer also?' p. 105. Now is it not manifest, that the very circum- stance of his being a manufacturer, promotes in a great measure the object contended for; an at- tachment of the slaves to the soil ? that in addition to the value of the land, the immense capital sunk in erecting the buildings on a sugar estate, gives a double security to the labourers against a removal? If a planter were merely the cultivator of a raw article, and could regulate his fields, like a farmer in Europe, according to times and circumstances, he would be comparatively independent ; but be- ing a manufacturer as well as a farmer, and having a large capital sunk in his manufacturing establish- ment, he is compelled to persevere, however ruin- ous perseverance may be; for he cannot, like a farmer, change his crops; nor, like a manufac- turer, discharge his workmen. Can it then be denied that the very circumstance of the planter being a manufacturer, as well as a farmer, while it makes him doubly the victim of times and circum- stances over which he has no control, affords the best possible protection to his labourers, in attach- ing them to the soil, and thus securing to them the manifold comforts and blessings of a permanent domicile ? Such in general is the situation of the majority of the slaves in the British colonies; 74 Enfranchisement for ill-treatment. they are by circumstances attached to the soil almost as firmly as they could be by law; but there are exceptions, and to make a positive statute attaching them to the soil, would in some instances be entailing misery alike on the master and slave. That it is a serious evil to the planter to be compelled to mortgage his estate, is plain enough ; but it is difficult to see how this can, as Mr. Stephen says, affect the slaves so seriously, as to endanger their very existence, considering, that by such deeds they are almost universally attached to the land, and transferred along with it ; and thus having their homes secured, care very little who holds the title-deeds of the domain. In another part of his work, Mr. Stephen acknowledges this himself. Speaking of the hardships of slaves being sold under executions, he remarks that, 'if the ' interposition of mortgages did not in the case of * plantation negroes, very commonly bind them ' to the land, the misery here mentioned would be ' almost as general as the insolvency of the ' planter.' p. 74. Enfranchise- < RULE XI. While the master's power of alienation is thus treatment. despotic and unlimited, the slave has no legal right of re- deeming his liberty on any terms whatever; or of obtaining a change of masters, when cruel treatment makes it neces- sary for his relief or preservation.' p. 106. It is true, the slave has no ' legal right of 'redeeming his liberty;' but the consolidated slave law of Jamaica of 1816, cap. 25, s. 25, em- powers the courts of justice to enfranchise him, Enfranchisement for ill-treatment. 75 * when cruel treatment makes it necessary for his ' reliefer preservation;' and also provides him in such cases, an annuity of 10 per annum. Nor would it have been difficult for Mr. Stephen to have found records of such enfranchisement, had it suited his purpose. But this did not suit his purpose; and it is amusing to see with what inge- nuity he argues, that the act of 1816 which extends the power of enfranchisement (formerly applicable only to cases of mutilation) to the smaller offences of cruelly beating, whipping, &c. gives no additional protection to the slaves ! Cases of such enfranchisement, it is true, are not of frequent occurrence; but the negroes are perfectly aware of the redress which the law affords them when cruelly treated ; and there is no reason to doubt that appeals to it would be more frequent, were there cause for them. I was a juror some years ago on a trial of this kind, the report of which I shall give here remarking by the way, that if those who have been led to be- lieve that there is no proper feeling in the colonies, had witnessed the indignation at the conduct of the criminal, which prevailed in the court-house of Kingston that day, it would have satisfied them that Englishmen in Jamaica are not so different from Englishmen at home, or so callous to the ill- treatment of the negroes, as some persons are anxious to have believed. ' On Monday the 19th of January (1818,) in the Surry Assize Court, (Jamaica,) Joseph Boyden was tried under the Slave Act, for cruelly, maliciously, and wantonly maltreating, by 76 Enfranchisement for ill-treatment. flogging and marking in different parts of the body, a Sambo slave, named Amey, his property, jointly with others. " This indictment was brought by the justices and vestry of Port Royal against the traverser for the crime above noticed, and from what was given in evidence, it appeared that Amey had committed some transgression which induced her to apply to a neighbour, to intercede with her master for forgiveness, which he agreed to grant ; but she was afterwards marked in five places with the initials of his name, and that of the property he owned. In consequence of conduct so contrary to every prin- ciple of humanity, and to the general treatment of slaves, she left her home, and sought redress from those empowered to grant it. The traverser was accordingly summoned before a board of magistrates, where he confessed having branded the female in question in two places, but disowned any other act of cruelty committed on her, and there was no proof of flagel- lation. Amey was produced in court, and the brands examined. After hearing counsel on both sides, his honor the chief justice made a charge to the jury, characterizing the crime as one of a barbarous, savage, and horrible nature, and upon which but one conclusion could be formed. The jury, with little deliber- ation, returned a verdict of guilty. ' On the Friday succeeding his honor the Chief Justice passed the following sentence : ' Joseph Boy den, You have been tried and found guilty of maltreating a femdle slave, named Amey, the property of yourself and relations. The evidence in this case discloses in you a disposition at once so base and so ferocious, that the court despair of inducing any amendment in you, by any words they are capable of using. You can serve only as an example to deter others, if there be others like you in this country, from actions of similar atrocity. This at least may be fairly pro- nounced from this transaction, that whatever lawless and wanton severity is exercised towards a slave, the law is both ready and able to interpose for his protection. On her simple complaints, unsupported by other evidence, except that which your cruelty has, to your lasting shame, branded in indelible characters on Enfranchisement for ill-treatment. 77 her person, the Governor directed an inquiry to be made by the magistrates, who in consequence directed this prosecution. The sentence of the law is, that you the said Joseph Boyden, be and stand committed to the Common Gaol of the county of Surrey, there to remain, without bail or mainprize, for the space of six calendar months, to be computed from this 23rd January instant, and that at the expiration of such imprisonment you be discharged ; and it is hereby declared, that the said Sambo woman slave, named Amey, is free, and discharged from all manner of servitude, to all intents and purposes whatsoever. * Jamaica Royal Gazette. Other cases of the same kind might be added; but this will be sufficient to shew what truth there is in Mr. Stephen's canon, that ' the slave has no * means of obtaining a change of masters when ' cruel treatment makes it necessary for his relief ' or preservation.' From Mr. Stephen's book, the reader will be led to believe that the whipping of negroes is a favourite pastime with English colonists, a thing of daily, if not hourly occurrence, and the cutting off their ears and legs nearly as common ! Unfor- tunately there was a time, when instances of such cruelty were occasionally heard of; there was also a time, when it was found necessary to make laws against the same enormity in England* ; but had truth been any object with the learned gentleman, he would have better promoted its cause by in- forming his readers that mutilations or dismember- ments, cutting off ears and legs, are now just as * Coventry Act, 22 & 23 Car. II. c. 1. A shooting, stabbing, and maim- ing in Scotland bill, with a clause making the throwing oil of vitriol on a person a capital offence, was passed last session of parliament. 78 Magistrates may punish slaves much unknown in the West Indies, as in England, and would be heard of with the same horror. Magistrates Great fault is found with the 28th section of the may punish slaves for Jamaica slave law of 1816, by which it is provided groundless complaints. that two justices ot the peace may hear complaints of the slaves in cases of improper and prohibited punishments : ' and if it shall be found on enquiry ' that the complaint is true, it shall be the duty of ' the said magistrates, and they are hereby required ' to proceed against the offender according to law; ' but if it shall appear that such complaint was ' groundless, the said magistrates shall punish the * complainant, and the person giving information 4 thereof, in such a manner as to them may seem * proper.' ' What is meant,' says Mr. Stephen, ' by the * punishing of a slave by magistrates, the same act ' will abundantly testify. The ordinary mode is a * public cart whipping ; but the number of lashes ' here, contrary to the usual style of these melior- * ating acts, is unrestrained' p. 113. And hence the reader is to infer, that although these magistrates are selected from the most respectable of the com- munity, although they must feel themselves the protectors of the weak against the strong, and although, in hearing cases of this kind, they can be guided only by their judgment, uninfluenced by passion, yet such a power in the hands of such men, unrestrained, must be abused ! For groundless Complaints. 79 He goes on, ' The dilemma of the injured * and complaining slave, therefore, is precisely ' this : if he fails in proving his charge, (which, ' as his own evidence and that of all the other ' slaves is excluded, is most likely to happen) he ' is to be cart-whipped by the justices ; but if he ' proves it to their satisfaction, he is to be cart- ' whipped by his master : for who can doubt that ' the same love of vengeance that ventured to * transgress the law, will freely indulge itself ' when safe within its limits?' p. 114. A dreadful dilemma, truly ! But let us see on what foundation it stands : ' The two most cruel, ' and destructive/ says Mr. S., ' and at the same ' time most ordinary modes of oppression in this ' sordid commercial slavery, are excess of forced ' labour,' (by the driver's whip, as he has told us a thousand times) ' and insufficiency of food.' p. 112. Now the presumption certainly is, that which- ever of those most ordinary modes of oppression was complained of, the complainant must carry evidence in his person to establish the charge, without the testimony of his compeers or others. Mr. Stephen himself, arguing against the ma- gistrates being compelled to give up the name of an informer, when the accusation has been proved false, says, ' the production of the slave, if ' unmutilated and unmarked with the effects of ' any cruel treatment, would at once refute the ' charge and put an end to the proceeding.' p. 115. seve- f pa meat. 80 Checks and restraint checks and re- If the slave proves his charge, and gets redress, of panTsh- this, according to Mr Stephen, but exposes him to the vengeance of an enraged master. To the minds of others, a more natural conclusion will be, that having found redress in one instance, he will be the more likely to complain again, if he has cause. And granting that there may be instances (and they certainly are but few), where the master or the overseer is sufficiently cruel and unprincipled, to harbour a feeling of revenge against a slave who complains to the public authorities of ill-treatment, it would be very difficult, or rather absolutely im- possible for him to indulge it. These are crimes that cannot be done in secret. On every plant- ation, besides the overseer who alone exercises the highly responsible power of punishment, and who alone can therefore abuse it, there are other white persons, who not only will see, but speak, if there is any thing of this kind to speak of. Again, the hospital on every plantation is regularly visited by a physician, who has an opportunity of seeing every criminal under confinement, and will not be silent if he sees humanity outraged. The sequel need not be told ; the damning facts will soon become public, and the result to the unfeel- ing perpetrator of such cruelty will be the sure loss of his situation, and what is worse, a loss of character never to be regained. In the constitution of plantation management, there is another powerful check in restraining On seventy of Punishment. 81 severity of punishment. The overseer, although the responsible and acting agent, is himself but second in authority, holding his situation at the pleasure of the proprietor, or attorney, who em- ploys him. The negroes are aware that his orders must be obeyed in every thing just and reasonable; but if one newly put over them attempts any innovations on their comforts, or to exact more labour than has been customary, they have immediate recourse to their master, or ' Trustie,' as they call the attorney, whose ears are beset with complaints of every description. But, says Mr. Stephen, the overseer's revenge will make the poor wretches pay dearly for such conduct. They would laugh at such an idea; aware, that if the overseer were weak or wicked enough to act such a part, nothing would more effectually aid their views against him. What! for having complained? As certainly as punish- ment was inflicted on them for so doing, they would instantly return to their master or attor- ney to tell him of it, well knowing that such an act would be felt and resented, not only as an injury to them, but as a personal insult to himself. Many deserving young men in the outset of life, by an over- zeal and over-strictness in the discharge of their duties, have thus raised against themselves the successful hostility of the negroes; who, not having the same feeling of emulation, or desire of approbation, to stimulate them out of their usual 82 Case of groundless complaints. pace, will not be driven, and therefore naturally enough set themselves to oust their new overseer from his situation. For this purpose, besides teasing the master or attorney with complaints, they have various other means of hostility to a person who has made himself obnoxious to them, not to say by severity of treatment, but merely per- haps, by a degree of vigilance or personal atten- tion, beyond what they have been accustomed to. The canes are destroyed by the cattle, the cattle themselves are neglected, the sugar is spoiled in the manufactory, the mill is broken, thefts are committed, in short, every thing goes wrong. Thus annoyed with their complaints to his em- ployer, perhaps with desertions, and the many other means by which they can render him un- comfortable, and endanger his situation, the zea- lous overseer, if he does not immediately lose it, soon sees the impossibility of getting the negroes to work as he has seen the labourers at home work; and to secure not only his situation but any comfort in it, is glad to allow them to go on quietly and peaceably in their own accustomed way. caseof ground- But as Mr Stephen is not only highly displeased, that the magistrates are unrestrained in the punish- ment they may inflict, but that a slave should by law be subject to any punishment whatever for making groundless complaints; and as in a thing of this kind one may sometimes be better enabled to -*^ Case of groundless complaint. 83 form a right judgment by facts, than by abstract reasoning; I shall here relate a circumstance which took place in November, 1823, in the parish of Portland, Jamaica, and to which I hap- pened to be an eye-witness. The whole of the efficient negroes, (except, I believe, the tradesmen) amounting in number to between two and three hundred, left the Bog plantation, to which they belonged, and after being a week absent, nobody knew where, came in a body to the magistrates to make known their grievances, and obtain redress. A number of the justices, I think five, immedi- ately convened in the court-house, to attend to them : although not interested, nor in authority, I also attended the investigation ; and I can truly say, never did people receive a more patient hearing. Every individual who wished to speak was fully heard, and his or her evidence taken down in writing. The clamour was great, but upon their own shewing, when all they had to say was heard, their complaints were found to be without the shadow of foundation. They thought it hard that they did not still re- . ceive some little extra gratuities and indulgencies which their master, when himself in the country, had occasionally given to them. It was very properly answered to this, that, although their master might himself give them what he thought proper, his agent possessed no such discretionary power, and could only give them what were the customary allowances. One very loquacious in- & 2 84 Case of groundless complaint. dividual complained, that he had, ' during his own time,' (dinner hours and negro days,) with great labour brought home posts and made consider- able progress in erecting a house for himself, which the overseer had very wantonly pulled down. This charge made a strong impression, which was, however, fully effaced when the truth came out, drawn from the complainant himself by cross-examination. It appeared that on the site he had chosen, there had been formerly a negro- house, which had been burned down ; and, from its proximity to the mansion-house, had so seri- ously endangered it, that the negroes were for- bidden to build there again. This the complain- ant admitted he had known, but still insisted that he was greatly aggrieved. Some of the other complaints were, that they did not always get the quantity of nails they wanted out of their master's store, for building or repairing houses, hogsties, &c.; that, ten months ago, some of the Christmas codfish, which they considered as exclusively for them, had been used by the Buckras ; that when sick, * they did not get so much rice, flour, &c. as they ought. To this last charge a respectable medical gentleman present made answer, that he attended the property, and was bound to say, that in a very extensive practice he did not know another hos- pital so amply, liberally, and generously supplied with every comfort for the sick. But the princi- pal grievance which appeared to have influenced their present conduct was, that they had not the Case of groundless complaint. 85 previous week received their accustomed allow- ance of herrings (an article valued merely as a seasoning for their vegetable food), although it had been explained to them that there were none on the property ; but that a ship (the Alfred) was daily expected from Glasgow with a supply ; and that in the meantime, if a few barrels could be procured for them at Port Antonio, it would be done. This fact was proved by a gentleman pre- sent, who said the attorney of the estate applied to him for ten barrels of fish ; and requested, if he had none himself, that he would make enquiry if they could be procured from any other person in the quarter : but there was none to be got. The magistrates enquired if they had any com- plaint to make of severity of punishment to justify their highly improper conduct ; but of ' the two ' most ordinary modes of oppression,' flagellation and hunger, there was not among all these com- plainants even a pretence ; and if there had, their appearance would certainly have belied the charge; for I much doubt, if any little village in England, of the same population, could have turned out such a proportion of fine looking healthy people. Now, will Mr. Stephen say, or will any man in England say, that there should be no restraint by law upon such conduct as this? that negroes should be permitted to leave their homes for any or no cause, under pretence of complaining to magistrates ? If so, it would surely be their own fault if they did not avail themselves of the privi- 86 Case of groundless complaint. lege as often as they felt inclined for a day's or a few days' idleness. It should be considered too, that by such con- duct on the part of the slaves as is above related, the public peace is greatly endangered ; that in England, if labourers neglect their work they injure themselves; but here, where they are provided for in health and in sickness, in labour and in idle- ness, their masters have no hold of them by self- interest, consequently there is the greater neces- sity that the law should restrain and punish neglect of duty upon such groundless pretences. In the case I have stated, the labour of nearly three hundred people was lost for several days to the person who supports them ; and, moreover, his sugar manufactory being at work at the time they left their duty, he lost a quantity of canes, which were out in the field, and had soured and became useless before they returned. Yet, when the whole of their complaints had been heard, and proved so entirely groundless, they were, ordered back to their duty with merely an admonition to conduct themselves better in time to come. That the ma- gistrates did wrong in acting with such lenity, I do not say, I contend only for the necessity of the law arming the magistrates with power to check such outrages, and punish those who desert their duty on such groundless pretences. Slavery hereditary. 87 1 RULE XII. The stale of slavery is hereditary and perpetual, slavery here- P. 122. ditar y- We have, in our author's comments upon this rule, a specimen of that ' metaphysical subtlety in * the science of pleading/ in which he feels a pro- fessional pride, and by which, coupled with the presumption in favour of freedom, he telJs us, ' a ' villein in England, who asserted his freedom at ' law, had multiplied chances of success, indepen- ' dently of the merits of the case' p. 387. He seems, in the outset, to forget that he is de- lineating the state of slavery in the British West Indies ' as it exists in point of law ; for after lay- ing down the canon above quoted, that the state of slavery is hereditary and perpetual, he says in the next page, ' I shall have credit, I trust, for the ' assertion founded on my certain knowledge as ' to many of the islands, and my full belief as to ' all, that no positive law has any where expressly ' imposed slavery in the issue of negroes born ' under the king's allegiance, though their mothers, ' or even both the parents, should be slaves.' Of course, the conclusion from this is (contrary to the canon), that this slavery is not hereditary. He does not rest here, however ; but proceeds to establish, agreeably to the canon, that it is here- ditary according to the custom and usages of all ages and countries. ' The perpetuity and here- 1 ditary nature of this sad state of man,' says he, ' maybe considered by our colonists perhaps,' and 88 Slavery hereditary. others also, ' as universal qualities of slavery, and ' as involved in the very meaning of the term. ' They certainly did belong to the slavery of an- ' cient Europe. The vassalage of Africa is here- ' ditary, and perhaps perpetual.' p. 125. ' By ' the law of villeinage in England, the issue of ' slaves followed the condition of their father.' p. 123. These premises lead back to the conclusion; that slavery has ever been hereditary and per- petual ; but this conclusion must be again denied, or at least not allowed to be a precedent sufficient to excuse or justify the same feature in the slavery of the British West Indies; where, with consistent inconsistency, belying his own canon, he denies it is the law, and modestly sets up his own opi- nion, not only in opposition to the ancient customs and usages he has quoted, but in opposition to the decisions of the modern courts, ' which,' it seems, ' have mistaken the cruel wrong for right/ ' He (the planter)', says he, ' buys a life interest ' in bondage, under one law, and converts it into ' an inheritance by another; unless we ought ' rather to say, that he makes this injurious con- ' version without any law whatever. He can plead * only that his brother planters, and their prede- ' cessors, have been used to inflict the same cruel ' wrong, and that the courts have mistaken it for ' right.' p. 126. The planter may go farther, and plead the authority of Mr. Stephen's own act for the general Registration of slaves in 1815, which Slavery hereditary. 89 expressly recognises the property in slaves and their offspring. How strange, that ancient ' cus- ' toms and usages, modern courts,' and eminent writers (including our author himself), should all have ' mistaken the cruel wrong for right,' in sup- posing that the master held a right of property in the offspring of a purchased slave ! It would have been kind if Mr. Stephen had stated the law under which the colonists hold ' a ' life interest' in their slaves, that his readers might have judged for themselves what this ' in- ' jurious conversion' is. The truth is, as he well knows, there exists no such law. The state of villeinage was virtually acknow- ledged in England by laws for its regulation, and so has the slavery of the colonies ; but has Mr. Stephen in his researches found an English statute establishing this state of oppression, and enacting that from and after the passing thereof, one part of the people and their offspring shall as villeins, or slaves, be held as the lawful property of the other ? If he can invalidate the claim of the colonists to the issue of their slaves, on the plea that there is no statute law giving a right to them, it should have required little ' metaphysical subtlety,' in the lawyers of former times, to effect the enfranchisement of the villeins of England, since he will admit, we suppose, that no statute can be found entailing the state of villeinage on the offspring of villeins. Speaking of slavery as hereditary, Mr. Stephen 9Q Slavery hereditary. says, ' They are slaves to the latest posterity ; ' except that the female descendants may, at the ' price of pollution, and by submitting to the lusts ' of their oppressors for three generations, restore ' freedom to a portion of the fourth.' p. 128. ' A ' female slave marrying,' or breeding by ' a negro ' or a mulatto, attaches slavery on her offspring ; ' but let her breed by a white keeper, and they, if ' she be a mestize, will be free : if she be a mu- ' latto, or negro, her daughter or grand-daughter, * will have the same reward for prostitution. ' From what legal authority these canons of ' slavery are derived, the colonial proprietors have ' never, I believe, attempted to explain.' p. 122. This is given as the law of Jamaica, but no authority is quoted ; nor is it said where these canons (the derivation of which we are called upon to explain) are to be found. The writer of these remarks is not aware that any such exist : most likely the error has originated in the cir- cumstance, that people of the above description, when freed by the regular course of manumission, enjoy all the privileges of white persons (from whom they are undistinguishable in colour), which the negroes do not : and, had the law given freedom to a class of people, with one-sixteenth of African, and fifteen- sixteenths of English blood, few will perhaps think that the distinction would have merited the contempt implied in Mr. Stephen's expressions : at all events, he ought to have ascertained that such canons of slavery really Intercourse of the slaves with free persons. 9 1 existed, before he reproached the colonists with them, and called for an explanation of the legal origin from which they were derived. ' Submitting to the lusts of their oppressors/ and ' breeding by a white keeper,' are well chosen terms for the English reader, who is not aware that there are, or rather that there were not till lately, any regular marriages known among the black or coloured people ; and that husband and keeper were considered synonymous terms. Of course there was no degradation to the female, but the contrary, in this sort of marriage, as she regarded it, with a white man. With the progress of religious and general edu- cation among the free people of colour, marriages are becoming more frequent. As regards the past, the candid will admit, that it has not been the least misfortune of Europeans, toiling for a subsistence in these dangerous climates, that the blessings of marriage and domestic happiness have in a great measure been denied them. * CHAPTER IV. Of the legal nature and incidents of colonial Intercourse of ... c f the Slaves with slavery, as they respect its relations to persons ot tree con- free persODg , dition in general, the master and his delegates excepted.' p. 129. The merits of this chapter will be more briefly discussed, as, besides turning on dry legal ques- tions of little importance as regards the practical state of slavery, it was written so long ago as before the abolition, and contains very little ap- 92 Intercourse of the slaves with free persons. plicable to the state of things now existing in the colonies. The first page will afford a pretty fair specimen of the sophistry of the whole chapter. ' The enslaved peasant, attached to an extensive domain, as in Russia or Poland, mry find his legal relations to free persons in general, of little moment to his security or welfare. To him the lord, the family and the agents of the lord, and his brother bondmen, constitute for every important purpose, the whole community ; for as it is with them alone that he has any ordi- nary intercourse, from their hands only, can he often receive either good or evil. Such must ha.ve been generally the case with all territorial slaves in ancient Europe ; and probably is so in every country in which such men are still to be found, except in the western world.' p. 129. That such ever has been, and ever must be, the state of slavery, is such a plain and self-evident proposition, that one's curiosity is excited to learn how the slavery in the western world can afford an exception to it. It is thus established : ' But the plantation negro, in our colonies, is exposed to daily intercourse with free persons, who are wholly unconnected with the owner to whom he belongs. He cannot attend the team to a town or shipping place, go to the market, or neighbouring rivulet, or pass on any occasion beyond the boundaries of the estate, without meeting white persons, who possess, in regard to him, neither the rights nor feelings of a master.' p. 129. True ; but what harm will it do him to meet a white person, who has neither the feelings nor the rights of a master? Were Mr. S., or any of his friends, the Edinburgh Reviewers, to presume to injure, or maltreat another man's slave in Jamaica, when attending his team to the shipping port, I will answer for it, he would soon learn that On the legal protection of t the slave. 93 the slaves there are not to be so treated with impunity. It is strange the Russian or Polish slaves should not have occasion to go beyond the limits of their master's domain, and that ' such must have been ' the case with all territorial slaves in ancient * Europe ; ' but whatever truth may be in this, certainly there never were bondmen of whom it might be more truly said, than of the slave in the West Indies, that ' to him, the lord, the family * and the agents of the lord, and his brother bond- ' men, constitute, for every important purpose, ' the whole community.' * SECTION II. The colonial slaye cannot be a party to any On the legal civil suit, either as plaintiff or defendant ; nor can he be received as informant or prosecutor by any court or ma- gistrate, against a person of free condition.' p. 131. But, answers Mr. Stephen, ' There are two possible modes, by which men in the defenceless condition which has been described, may be supposed indi- rectly to derive some legal protection, and in which it has been pretended that they actually are protected by the laws of our colonies, against the oppression of strangers, notwithstand- ing their civil incapacities : they are, first, by the action or suit of the master ; second, by indictment, or other prosecution, at the suit of the crown.' p. 132. ' SECTION III. The action or suit of the master against other persons of free condition by whom his slave has been in- jured, is a mode of redress applicable only to a particular species of wrongs, and is improperly represented as legal protection to the slave/ p. 133. 94 On the legal protection of the slave. ' But,' continues Mr. Stephen, ' the interest which a master has in the labour of his servant, or apprentice, is an interest which the law of England recognizes, and therefore it gives an action to the former, for any hurt unlawfully done to the person of the latter, whereby his service is interrupted or lost. On the same principle it has rightly been considered as law in the West Indies ; and in a few extreme cases' (qualified as usual) * has been practically received and acted upon as such, by the insular courts, that the master of a negro slave may maintain an action against any man, who, without his authority, beats or wounds a slave so severely, as to occasion a loss of his ser- vice.* p. 134. The question in the minds of all dispassionate men is, whether the slaves actually are protected from injury: the mode or the manner in which this is effected is of secondary consequence, whether by suits in their own name, or in the name of their masters. Speaking of the infringement of a slave's pro- perty, Mr. S. thus expresses himself: ' There is 4 one species of injury, for which I admit that an ' adequate remedy might be found in the master's ' right of action, were it not for certain general 4 impediments to the course of justice in the colo- ' nies, which will soon claim our attention.* * If ' a negro (says the council and assembly of St. * Christopher) is deprived of his property (which ' in legal consideration is the property of the master}, ' by another negro, or by a free person, the master * Every admission by oar author of any protection to the slave, is accom- panied by such guarded qualifications as may make it, if possible, appear of no avail. On the legal protection of the slaves. 95 * of such a negro has the same legal remedies for ' the recovery of it, as he has for his own imme- ' diate property. This answer, though evasive ' and disingenuous, is true.' p. 139. The same remark applies here as in the former case. It is of secondary importance by what means the property of the slave is protected ; if in point of fact, as here admitted, it is so. The law, it is true, puts in his own hands no legal means of protecting his property, yet it is protected : the law does not recognize him as the possessor of property, yet he does possess it. The question is thought by many to be attended with difficulties ; but, for my own part, I can see no sufficient reason why those who de facto are allowed to possess property, and are never dis- turbed in the possession of it, should not be entitled by law to possess it. When a slave purchases a horse, he takes the bill of parcels in the name of some free relative or acquaintance, that if his horse should happen to go astray and be put in a pound, he may be able to reclaim him. Their titles to slaves are held in the same manner. In their dealings with one another, when a slave, as sometimes happens, cannot obtain payment of a debt due to him by another slave, he applies to his master or overseer, who gives him a letter to the master or overseer of the other slave, stating the particulars of the claim, and requesting an investigation and settle- f)G On the legal protection of the slave. ment of it, if found correct. Applications of this kind always receive every possible attention ; and in this way their differences are usually set- tled. In the same manner the master or over- seer will attend to the slave's claim against free persons ; as, on the other hand, these apply to his master or overseer, when they have any claim on a slave which they cannot otherwise get set- tled. Mr. Stephen complains, that ' slaves cannot ' contract, or be contracted with : that a promis- ' sory note or bond made to a negro slave, would * just have as much legal effect in the colonies, ' as if the payee or obligee were a horse or a * spaniel, p. 140 ; and challenges us to produce ' the record of a single action founded on the ' contract of a slave, from any court in the West ' Indies.' p. 141. But what injury have the negroes sustained from this ? Not yet taught to read and write, and having no faith in paper, they very wisely give little credit, and deal principally in doubloons and dollars. Such, indeed, is their predilection for the precious metals, that even the island trea- sury note they will on no account receive. Re- cords of actions, therefore, founded on the con- tracts of slaves, or their promissory notes, can scarcely be expected. On the legal protection of the Slaves. * SECTION IV. The legal protection of the slave against strangers by indictment, or other prosecutions at the suit of the crown, is also of a very narrow extent.' p. 142. There is little worth noticing under this head. Numerous references are made to old obsolete laws in the Leeward Islands, and evidence founded thereon, of which Mr. Stephen has been prudent in not giving the dates. It is evident, as he ac- knowledges indeed, that this legal matter was composed long ago. To suit the present times, however, it was necessary to say something of the late consolidated slave law of Jamaica, which has come unseasonably in the way, and given a marked incongruity to his whole fabric of assertions and arguments. * Even the meliorating acts,' says he, ' which have since been passed in several islands, will be found in general not to hold out to them (the slaves) any protection against strangers of free condition, except in the few special cases in which it is affected to be given against the master himself. They relate in general only to one species of injury, that of violence to the person; and so far are the new acts from making all injuries even of this kind, indictable, that they plainly imply the contrary ; since the greater part of them prohibit it only by special and aggravatory descriptions, such as wanton and cruel beating, wounding, &c.' p. 148. Now if a stranger of free condition offers an injury, however slight, to a slave over whom he has no authority, and with whom he has no con- nection, there surely would be little difficulty in proving it to have been ' wanton and cruel : ' but in point of fact, there is so little connection, so H 98 Adultery with the Wife of a Slave. little interest in common, between the slaves and persons of free condition, that this is an evil of rare occurrence. Even if the law afforded no protection, free people of the lower class, who are alone likely to have quarrels with the slaves, and to do them an injury, are afraid of the master's power of retribution. However specious in appearance, nothing can be more unsound in practice than to take the laws of England, as a test by which to judge of those made for a society so differently constituted. Adultery with ' SECTION V. There are many species of wrongs, for which f a ** * s no * P re t en( led tna * a slave, when injured by a free stranger, can have any legal redress.' p. 156. Of these many wrongs, Mr. Stephen particu- larly enlarges on one, the case of adultery with the wife of a slave ; and the proof by which he establishes this most foul and unfounded charge against the colonists, is a gross perversion of the evidence of Chief Justice Ottley, of St. Vincent, examined before the House of Commons, thirty- three years ago. ' One of the best informed, and by far the most candid of the witnesses connected with, or resident in the colonies, Chief Justice Ottley, of St. Vincent, was asked, ' Is the slave often married or attached to one woman as his wife ?' He answered, 4 In St. Vincent, the slave is never married according to the rites of the church ; but they are very frequently attached to one woman.' It was enquired, ' If so attached, is that woman or wife liable to be taken, or debauched from him by a white person, and do such cases happen?' He replied, ' I know of no law to prevent it, but I do not recollect cases of the kind Adultery with the wife of a slave. 99 ever happening : they may have happened without my know- ledge.' p. 161. Now, what is the candid Mr. Stephen's com- ment upon this ? ' Certainly they might have happened to any extent without his judicial knowledge, for the reason he himself assigns.' p. 161. Does Mr. Ottley's evidence bear such a con- struction, or the insidious distinction here drawn between his general and his judicial knowledge, when his previous answers are evidently founded on his general, and not his judicial knowledge ? But, in the estimation of Mr. Stephen, such a trifling perversion to serve the good cause, may be regarded as pardonable, if not meritorious. It certainly is a venial offence, compared with the unfounded calumny he is guilty of in asserting, that the connubial rights of these poor men are every where violated by the white people, p. 161. To this, and many other charges brought against the colonists, it is impossible to answer better than in our author's own words, when speaking of some aspersion on his own character : ' To the 1 wretches who have had the malignity to invent ' such a charge, reproof would be useless : to ' those who have adopted it, I say, look well to ' and cleanse your own hearts, for there must ' have been foul corruption in them before you 4 could credit the accusation.' pref. p. 66. Even this accusation is not enough; the co- lonists must be represented as wretches so hard- H 2 100 Adultery with the wife of a slave. ened in wickedness, as not even to know or think they are doing wrong ; for such is the im- port of the following paragraph : * West Indians, I am aware, will think, that in noticing this case as one of the defects in their slave laws, I am taking an unfair advantage of the prejudices of European readers. But, by their leaves, I must regard the voluntary and exclusive co- habitation of one man with one woman, where neither law nor custom has provided any nuptial solemnity, as constituting a marriage union, which it is by the law of God adultery to violate, and which the law of man ought in justice to protect. That this crime may not have been perpetrated in the "West Indies, as well as in Westminster, I cannot take upon me to say ; but if so, it is con- cealed ; and I feel justified in saying, so great is the abhorrence with which it is regarded in Jamaica, that such a charge established against a white person on a plantation, whether overseer or book-keeper, would be the loss of his situation ami character. Nor is this, as Mr. S.'s assertions may lead one to suppose, a new feeling there. Twenty years ago I heard the late Mr. Simon Taylor, the wealthiest and most influential man in these islands, say, that he would discharge from his employ any man, however much regard he might otherwise entertain for him, who should be guilty of this act. That concubinage is customary in the West Indies, cannot be denied ; but there are objects enough there for the licentious, as in other places, without trespassing on the connubial rights of the most humble. Marriage of slaves . 101 Mr. Stephen's aim being to work on the pre- judices of the British public, and fan the flame against the colonists, he evidently considers any means allowable ; and the truth or falsehood of his charges of no moment. Having already made them such monsters for cruelty, injustice, and op- pression, he is at least consistent in adding adul- tery to the catalogue of their crimes. That the exclusive cohabitation of one man Marriage of . . slaves. with one woman, where neither law nor custom has provided any nuptial solemnity, is a marriage union, which ought to be held sacred, need not be told even to savages ; but as to legal enact- ments to give permanency to such unions among the negroes, all I shall say, is, that I fear Mr. Stephen will not easily persuade an African, who has been accustomed and claims a right to follow his own free will in these matters, to submit to such restraints. No obstacle, certainly, is ever put in the way of regular marriages among the slaves ; on the contrary it is the wish, and the in- terest, of their owners to promote them : but all sensible people are agreed, that it would be in vain to attempt by law to reform the evil, till they are further advanced in the scale of civilized life.* * I ought here to have excepted Mr. Buxton, among whose suggested im- provements on the condition of the slaves, I find it proposed, ' that marriage should Tie ENFORCED/ Debate in the House of Commons, 15th May, 1823. If it would be so good a thing for the negroes, why should not the people at home have the benefit of marriage being enforced among them ? In returning 102 Marriage of slaves. A negro fully acknowleges the authority of his master in regard to his labour : but boldly dis- claims his right to controul or interfere with his inclination and free will in matrimonial connec- tions; and any attempt to direct him in these particulars has always been found to produce an opposite effect. Many instances of this have come within my own knowledge. The most un- availing exercise of authority as a master, that I ever myself made, was in a case of this kind. A woman who had long been the wife of a very deserving man, and had borne five children to him, some of them yet very young, became attached to another, and left him. The husband first made his suspicions known to me, and com- plained of the injury done to him and his chil- dren. I could scarcely at first believe it, but privately cautioned the parties (who denied the charge) of the consequences, if it should prove true. On further complaint being made, I again admonished them, threatened, and ultimately pu- nished, but to no purpose; and though I have since on similar occasions pressed well-meant but unavailing advice, I have never done more. The solemnization of regular marriages among the better informed negroes, with the progress of late from the House, the benevolent member for Weymouth must often have seen with sorrow, such gross pollution as has no parallel in the West Indies, although among a people, who (Mr. Stephen tells us) are ' individually as well as collectively, publicly as well as privately instructed.' Might he not extend his benevolence to his own countrymen, by introducing a law to enforce marriage in London and Westminster? Defamat ion of slaves . 1 03 religion, is gradually effecting the removal of this great evil, to the advantage as much of the mas- ter, as of the slave ; two interests which, in this case as in many others, happily go together. In the conclusion of this section, Mr. S. enu- Defamation of slaves. merates various other ' remediless wrongs, to which he says the slave is exposed : ' He may ' be the victim of the most cruel defamation, may 'be arrested and imprisoned without anyjustifia- ' ble cause, may be prosecuted maliciously, and ' have his life brought into danger, by the most ' groundless accusations, and, in short, with the ' exceptions already noticed, may sustain all the ' oppression which the injustice and malignity ' of the wicked, can inflict upon the innocent.' p. 166. The dispassionate reader will perhaps ask, whe- ther these supposed cases of oppression may not all occur in free and happy England? Nay, whether some of them are not of daily occurrence there, though not among the labouring classes who have a sufficient lot of physical evil to bear in all countries, but run little risk of being 'cruelly ' defamed, unjustifiably arrested, or maliciously ' prosecuted.' Had Mr. Stephen been less anxious to impute to the white people in the British colonies, every depravity to be found in the catalogue of crimes (including universal adultery among the rest), 104 Evidence of slaves. and to make the slaves the victims of every species of wrong and suffering that flesh is heir to, in ci- vilized as well as barbarous life, he would have recollected that ' to be cruelly defamed, malici- ' ously prosecuted, and to have their lives brought ' into danger by the most groundless accusations,' was the portion, not of the slaves, but of their mas- ters ; and an evil from some degree of which, it would appear from his preface, that even he and his son have not been entirely exempted. Evidence of < SECTION VI. The testimony of slaves is not admissible in slaves. any cause, civil or criminal, against a white person, though this confessedly suffices to deprive them of the benefit of the laws by which they are in a few cases ostensibly protected, independently of all other obstacles to the execution of such laws/ p. 166. The inadmissibility of the evidence of slaves has been long felt and acknowledged to be a great evil in the colonies, but an evil hitherto considered irre- mediable. From the improvement however, now making on the religious and moral character of a large proportion of the slaves, the grounds upon which the rejection of their evidence stood, are fast giving way; and an opinion now prevails among many of the most intelligent colonists, that this defect in the laws may to some extent be remedied, by admitting slave evidence, under certain regu- lations, against free persons. While not at issue therefore with Mr. Stephen, on this important question, I cannot help no- Evidence of slaves. 105 ticing his want of candour here as on other occa- sions. Who else does not see the objections there existed to the testimony of barbarous pagans, incapable of comprehending the nature of an oath, ignorant of the sanctions that restrain Christians from false swearing, and insensible to the infamy or loss of character that attends it? ' Whatever 4 we may imagine,' says Hume, ' concerning the ' usual truth and sincerity of men who live in a * rude and barbarous state, there is much more 4 falsehood and even perjury among them, than ' among civilized nations.' Yet he is not speaking here of the savage hordes of Africa, the Ashan- tees or Coromantees,* but of our own ances- tors, after they were converted to Christianity. Surely, when these circumstances are considered, Christian charity, ' which thinketh no evil,' might ascribe the rejection of negro evidence to some- thing else than ' that universal hatred and contempt * of the oppressor towards the oppressed, which ' manifests itself in the colonies by an abomina- * The Ashantee* are known from recent events, and the Coromantees equally well to persons versant in the history of Jamaica, from the atrocities committed by them in the insurrection of 1760. ' At Ballard's valley, they surrounded the overseer's house about four in the ' morning, in which, finding all the white servants in bed, they butchered every ' one of them in the most savage manner, and literally drank their blood mixed ' with rum. At Esher, and other estates, they exhibited the same tragedy, and 4 then set fire to the buildings and canes. In one morning they murdered be- ' tween thirty and forty whites and mulattoes, not sparing even infants at the breasts.' B. Edwards, vol. II, p. 78. 106 Evidence of slaves. ' tion of the African colour and lineage ; coupled ' with a desire to screen offenders of the privi- * leged order from discreditable prosecutions, as ' well as from the danger of public punishment ' and disgrace.' p. 185. Or, as in another place, to ' that contemptuous antipathy to the African ' race, and a determination that the crimes of ' white oppressors shall pass unpunished.' p. 182. Even yet the admission of their evidence is attended with considerable difficulty. Mr. Stephen himself admits, that there would be danger in re- ceiving the testimony of a slave wherever the master has any interest in the cause ; and suggests that ' they ought never, perhaps, to be heard, ' but when he is himself no party, and would, if ' called as a witness, be free from every excep- * tion.' p. 177. But the danger does not stop there; for, from the ignorance and abject condition of the slaves, too many of them would be ready instru- ments in the hands of any unprincipled person. * This, however, it may be hoped, will not be long the case ; and I notice these difficulties only to shew there are other causes for not having as yet made their testimony admissible, than those to which Mr. Stephen's charity imputes it. If it will afford him any satisfaction, however, I * A very common idea among the African negroes is, that false swearing will bring some bodily calamity upon them ; (' make them belly swell j as they ex- press it), but that their having a broken rial in their mouth, when giving evi- dence, will act as a charm to prevent this. Evidence of slaves. 107 think I can assure him, that I speak not only my own individual sentiments, but those of a great proportion of the white people in Jamaica, when I say that we shall now be happy, how soon our legislature shall make slave testimony admissible in the courts, in such manner that while the in- nocent are protected, the guilty may be brought to punishment, whether white-skinned or black. But should our Assembly, in the exercise of that highly responsible trust, which we repose in its hands with the confidence its conduct has ever merited, deem the minds of the slaves not yet sufficiently enlightened to be safely trusted as evidence against the white people, their masters, let it not be thought that this is denied them for the purpose of screening the guilty from the pu- nishment of their crimes. During a residence of upwards of twenty years in Jamaica, I have not known an instance where a white person has escaped punishment from the inability of slaves to give evidence against him. This fact, however, while it leads to the conclusion that little injury has been done to the slaves, by not admitting their evidence against white persons, goes in some measure also to prove that no evil could re- sult to the latter from granting it ; and such I confess is my impression. Cases I have certainly known of quarrels between slaves and free per- sons of colour, where the former had no possible means of obtaining a fair hearing in their own 108 Evidence of slaves. defence from the inadmissibility of their evidence. This surely is wrong; and as the number of free persons of colour is fast increasing, the chance of wrong to the slave encreases in the same propor- tion ; while his progressive wealth and intelligence render such rejection of his testimony the more intolerable. Mr. Stephen ridicules the idea of admitting the evidence of slaves against free persons of their own colour, and not also against white persons. This he calls, ' holding the credibility of evi- ' dence to depend on the colour of the defendant ' against whom it is given, that white criminals ' may escape, and blacks and mulattoes be hanged 'unjustly.' p. 183. But this distinction, though I do not mean to argue in favour of it, is not quite so ridiculous as he would make it appear. It is by those more immediately on a footing with themselves, and with whom they are coming in daily contact, that slaves are most likely to be injured, and against whom it is therefore most important that they should have protection. The admission of their evidence against white persons is of much less consequence ; both because they are less likely to be injured by them, and because, as before stated, the great body of plantation slaves are under the immediate authority of agents who are themselves dependent, and from whose violence or ill treatment the slaves are protected by a more summary process than a court of law, Evidence of slaves. 109 an appeal to their master, or those in superior authority to the offender. It is also a grievance complained of by Mr. S. that free negroes and mulattoes are not tried per pares; but whatever contemptuous opinion #emay entertain of the white people in the colonies, it is well known that the coloured population in gene- ral, think they have a better chance of justice from a jury of intelligent white men, uninfluenced by any of the little animosities and jealousies which exist among themselves, than they would have from a negro or mulatto jury. It is true, free persons of colour have petitioned the legislature for an equality of privileges with the white people, and among others to sit as jurors ; but this may be considered as the wish of a few of the more wealthy who look forward to sit as judges, rather than of the many who are to be judged. It has been suggested that to entitle slaves to give evidence against free persons, and to guard in some measure against the dangers apprehended, such only should be admitted, as had obtained a certificate from the clergyman of the parish of their general good character, and their sufficiently comprehending the nature of an oath. But to such a rule there are many objections ; it would be likely to create much dissatisfaction, and hurt the clergyman's usefulness ; besides that it would be very difficult for a clergyman to become suf- ficiently acquainted with the character of every slave in his parish, so as to be able to say 110 Slave's right of self-defence. whether he would or would not be a credible witness ; nor would such a power in his hands be altogether free from objection. Allowing the court itself on examination to decide as to com- petency of knowledge, with perhaps some testi- mony as to character, would be better. I was once present when two old African negroes belonging to Cheswick estate, and with whom I happened to be well acquainted, came to the clergyman of the parish desiring baptism. On examining them as to their knowledge of Chris- tianity, one of them, an indifferent character, gave such answers as were considered satisfac- tory, and was baptized ; the other, a very good character, but less apt, was rejected ; and on turning indignantly away, exclaimed * It hurts ' me to be treated so, when that worthless runaway ' and thief is made a Christian, and Buckra always ' known me to be a good nigger.' slave's right of SECTION VII. The slave, while exposed to so many remediless wrongs, is bereft by the same laws of the right of self-defence/ p. 187. By the existing law in most, I believe in all our colonies, the slave who should attempt to defend himself against a murderous weapon, or instrument of torture, in the hands of a white person, though the ag- gressor possessed no public warrant, or private authority over him, might be hanged for so obeying the imperious dictates of nature.' p. 190. The following clause of the slave act is the sole ground upon which this unparalleled charge Slaves right of self -defence. Ill rests ; and I beg the reader to remark upon how slight a foundation our author's ingenuity has been able to build so hideous an accusatkm. ' And be it further enacted by the authority aforesaid that if any slave shall assault, or offer any violence, by striking, or otherwise, to, or towards any white person, or persons of free condition, such slave, upon due and proper proof, shall, upon conviction, be punished with death, trans- portation, or confinement, to hard labour for life, or a limited time, or such other punishment, according to the nature of the offence, as the court shall in their discretion think proper to inflict ; provided such assault or violence be not by com- mand of his, her, or their owners, overseers, or persons en- trusted with them, or in the lawful defence of their owners' persons, or goods/ The question here evidently is not about a white or free person assaulting a slave, but about a slave assaulting or offering violence to a white or free person. The words 'assault, or offer vio- lence? clearly imply the slave's being the aggressor, and the clause has no reference to the slave's right of self-defence in the case of his being as- saulted or offered violence to. But because a slave is so much under the power and influence of his master and his agents, he ought not to suffer punishment for what he does at their com- mand, or in the lawful defence of the owner's person, or goods ; and the law provides ac- cordingly. Now what is there in this to take away the slave's right of self-defence, when it is not he that assaults or offers violence to a white or free per- 112 Slaves right of self-defence. son, (the case alone that the clause of the act is providing for) but a white or free person that assaults or offers violence to him ? Oh, says Mr. Stephen (for such is his meaning in printing owner s person in italics), it should also have been added, or in the lawful defence of his (the slave's) own person. Why ? The question was not about the slave's right of self-defence, when as- saulted; but what should be his punishment when he assaults, and what should excuse him for as- saulting or offering violence. But because it is not here expressly enacted that a slave, when as- saulted or offered violence to, may defend him- self (as to which no one could entertain a doubt) it seems the contrary is by omission enacted ! By the same argument, no man in England pos- sesses the right of self-defence. The law provides for his punishment if he assaults another, but has not enacted so far as I know (any more than the law of Jamaica in the case of a slave), that he shall have permission to defend himself against a murderous weapon in the hand of an assailant. And by so disingenuous a perversion are the characters of the British colonists vilified and held up to the detestation of their country, and of mankind ! Let Mr. Stephen produce one au- thenticated instance of a slave having been, not hanged, but punished in any way, for exercising the right of self-defence, when wantonly as- saulted, and I shall give up the colonists, as well Consistency of Mr. Stephen's remarks 1 13 deserving all the unmerciful abuse he pours upon them.* * SECTION VIII. Concluding remarks on the defenceless situa- Consistency of tion of slaves in our colonies, in relation to strangers of free remark^ * condition.' p. 192. When a man has accomplished an object on which his heart has been set, he may be per- mitted to exult a little on the occasion, as Mr. Stephen does, now that he ' has opened the eye ' of the privy council, and of parliament to the ' hitherto concealed character of the colonial laws,' and proved that the British colonists are not only cruel oppressors, but shameless adulterers and murderers, denying not only legal protection to their slaves, but even the right of self-defence against the most unprovoked outrage. Except a little vapouring of this description, there is nothing- worth notice in this section ; unless it may be the following specimen of our author's consistency : * The negro is in some respects a slave to every white man in the community. He works indeed only for one, but is liable to be beaten and injured by all the rest, as much as if he stood in a servile relation towards them all.' p. 192. The most ignorant African negro, a Mongula even, would laugh at the absurdity, if told that he was as much at the mercy of every individual in the community as of his master! Mr. S. indeed, when he returns to reason, acknowledges himself that, ' after all, it must be admitted that * Even this charge against the colonists, so well supported by proof, and so credible in itself, is repeated by the Edinburgh Review, No. 82. p. 468. I 114 On the benefits of civil society. ' the nature of the connection with the master, is ' of infinitely more consequence to the destiny of ' the slave, than the relations which he bears to * all the world besides.' p. 194. On the benefits ' CH AFTER V. Of the legal nature and incidents of West India slavery, in its relations to the police and civil govern- ment of the country.' p. 197. ' SECTION I. Of the ordinary benefits of civil society which are withheld from the negro slave.' p. 197. ' Security of person and property, education, and municipal capacities, rights, and privileges of various kinds, profitable or honourable, are the advantages which man in general de- rives from the social union. He is delivered from the perils of savage solitude or anarchy, his mind is cultivated, his man- ners are improved, and a variety of paths are opened to the attainment of new comforts and enjoyments, including pro- perty, civil distinctions, authority, and honours.' p. 197. In the state the negroes came from Africa, does Mr. S. mean to say they were fit to enjoy civil distinctions, authority, and honours ? Does he think that even yet they are fitted to enjoy them, or in a state to be entrusted with the same pri- vileges as the people of the mother country, brought up in a free and civilized state, with habits of industry, self-guidance, and subordina- tion ? But is it true that all the benefits of civil society enumerated by Mr. S. are withheld from them ? Can it be pretended that they are dis- turbed in the possession of their property, or that they are not delivered from ' the perils of ' savage solitude or anarchy' ? Can it be denied that their minds are in some degree cultivated, On the benefits of civil society. \ 1 5 and their manners improved? whence else the acknowleged superiority of the Creoles to the imported Africans ? whence else the horror these always express, when speaking of the wars and anarchy of Africa, and the insecurity there of even life itself? Among the ordinary benefits of society enume- rated as wrongfully withheld from the negro slaves, we find that of being proctors or solicitors, factors, and notaries, p. 199. And, although not aware of any law to prevent it, we must certainly allow, that we have never known any of ours filling such offices ; except, perhaps, that of factor, it being a very common thing for plantation-slaves in Ja- maica, to send provisions, fruits, and small-stock, to slaves in Kingston to sell for them. * Ships were also frequently commanded by Roman slaves : a striking contrast to the manners of the West Indies ; where, though they are much employed as seamen, a slave was per- haps never known to fill the station of a subordinate officer, much less a master, of the smallest coasting vessel/ p. 199. Here our author is, as usual, very ill informed on his subject. It is quite a common thing for slaves to command coasting vessels in the "West Indies : many such cases are within my own knowledge, in the coasting trade of Jamaica ; and what will appear yet more extraordinary, I have frequently known such slave captains command- ing free people. Without going farther, I have myself a slave commanding a coasting vessel ; and my neighbour Mr. Taylor, at Morant Bay, has i2 Ilt3 Education of Slaves. several. If this is doubted, let the custom-house of Morant Bay be referred to. ' SECTION II. The education of Slaves is shamefully ne- glected in the laws and institutions of our colonies/ p. 200. There would be a want of candour in not ad- mitting that school learning is yet but very little known in the colonies ; and that, as regards edu- cation, the labourers certainly are as far behind those of the mother country, as they exceed them in the enjoyment of physical comforts. When it is considered, however, how slow the progress of education was in England itself; how recently this blessing has been extended to the great mass of the people ; and what room is even yet left for its extension, particularly among the operative manufacturers, great allowance surely ought to be made for the colonies : more especially when it is further considered, what peculiar difficulties were to encounter among a people, brought from the most barbarous regions of the earth, composed of different tribes, and speaking different tongues, nearly all past the age of education, and able to acquire only a very imperfect knowledge of the English language. In an old country, where in the course of ages education has become pretty general, it is easy to extend it ; but very different is the case in the West Indies, where ignorance almost universal prevails, and where teachers Education of Slaves. 1 1 7 must be brought from a distant country to an unhealthy climate, at an enormous expence. When all these things are contemplated, it surely is unreasonable to attach so much blame to the colonists ; who, besides, are now placed in such a precarious situation by the proceedings ol the emancipation societies, c. in this country, that few of them have the means, were they ever so anxious, to get out schoolmasters, and send their labourers to school. Yet, notwithstanding all these manifold difficulties, a beginning has been made ; and in the parish where I resided, and where twenty years ago there scarcely was a school known, there are now at least four, at- tended by free children of colour and slaves. In the course of a few years there will be a greater facility of extending education, as teachers will be got in the island without the necessity of bringing them from a foreign country. The following passage is scarcely worth notice, but we select it as shewing the spirit of the work : ' They (the negroes) may, and do learn, many new vices, the necessary fruit of oppression ; while they lose almost all the ingenuous virtues that belonged to their native freedom.' p. 202. That the African tribes, who were brought into Jamaica confessedly rude and barbarous pagans, the slaves of slaves, have lost their native ingenu- ous virtues, acquired new vices, and are conse- 1 1 8 Education of Slaves. quently retrograding to greater barbarism, under the management and government of a civilized people, is a proposition only to be equalled in absurdity by that already noticed ' that a slave ' in our colonies is as much at the mercy of every ' free man in the community as of his master.' When the state of education in the colonies is spoken of in the mother country, it is always with reference exclusively to the slaves. The numerous middle class of free coloured people is seldom noticed ; indeed it is very easy to see that many of the self-sufficient reformers of the colonies are absolutely ignorant of the existence of such a class. The slaves and the masters, associated in their imaginations with ideas of op- pression and suffering, comprehend all they know of those distant possessions ; and all their aim is to raise the one class and put down the other, indifferent about the means and reckless of the consequences. The want of local knowledge, and the utter incapacity of such persons to per- form the task they so confidently undertake, is here particularly striking. Education in all coun- tries has descended from the higher to the lower classes ; and in Jamaica the free people of colour must first be educated, before that blessing can be extended generally to the slaves. To that class, therefore, attention should in the first in- stance be directed. That much has been done for them, cannot be denied ; but it is equally undeniable, that much yet remains to be done; Education of Slaves. and, if any thing I say could avail in directing increased attention to so important an object, I would urge it as being the best means, not only of extending education to the slaves, but of secur- ing and retaining the attachment and loyalty of the free coloured people. It has often been re- marked of that class, and with too much truth, that they are improvident and indolent in the extreme, and in general very useless members of society; but (although involving most momentous considerations to the public safety and welfare) the cause why they are so, is but seldom asked, and but little attended to. Were it possible to ascertain what proportion of the whole earnings of the resident colonists goes to purchase the freedom of slaves, and to provide for them as free people, it would shew an increase of numbers going on, and a transfer of wealth to that class, leading to consequences which do not seem yet to have been sufficiently estimated or attended to. There have been frequent discussions respecting the political privileges of the free people of colour ; but how much more important is it that they should be educated, and made useful members of society, that those privileges, which cannot be for ever withheld, may be progressively and safely extended to them ? It deserves consideration also that, treated as the West Indies now are, by many in the mother country, held up as a mark for the finger of scorn to point at, it is not to be expected that young men of liberal educa- 120 % Education of Slaves. tion will continue to seek their fortune in them : a great misfortune in many respects to the colo- nies, but an additional reason for cultivating the native resources. * * The following list of subscriptions to establish a free school for the unedu- cated children of colour in the parish of Manchester, which I copy from the Jamaica Royal Gazette of 1823, may tend to satisfy some readers that the colonists are not quite so hostile to education, or so indifferent about promot- ing it, as^they may have been led to suppose : Hon. Richard Boucher.. 100 s, rf. R. C. Gibb, Esq 50 s. d. o 50 o Samuel Greaves, Esq. 95 o Mrs.Burge 50 Maximilian J.WoHF, Esq. ?5 o o C. P. Berry, Esq. M.A. . Hon. Wm. Rowe 25 ?f> o o John Harrison, Esq.... George Napier Esq 50 25 o Rev. Geo. Wilson Bridges Edward Owen, Esq. . . . 25 50 Thomas Butler, Esq.. .. John Tucker, Esq . . 32 10 10 o o 2,5 o S. V. Tamlin Esq 21 50 James Sutherland Esq 25 George Dempster, Esq.. 25 50 J. S. Cummine, Esq . . . . R. H. Richardson Esq 16 40 Q HO o Richard Bayley Esq 01 Isaac M'Corkhill, Esq.. William Abel, Esq.... 25 25 50 o William Milne, Esq.... Charles Dryden, Esq .... John Reed, Esq.. 40 21 25 G 8 Samuel Glanville, Esq.. 50 o Isaac Isaacs, Esq 25 n Barnaby Maddan, Esq.. 53 f, 8 J. R. Tomlinson 9 1 (J g 25 o John Coley, Esq 25 David Hollingsworth, Esq 25 Thomas Hart, Esq . . 25 o o Edward Peart, Esq W. Peart, Esq 50 50 o Martin Morgan, Esq .... 16 1 n 50 o Luke Bramwell Esq 30 Mrs. Frances King .... 50 50 George Herriot, Esq.. .. George Powell Esq 16 25 Francis Hull, Esq 50 o o D. Sutherland Esq Ifi Thomas Fitter, Esq.... 50 Randall Dale, Esq *>0 o o Charles J. Fitter, Esq.. C. P. M'Nally, Esq JohnGeddes, Esq.. 25 70 50 Robert Darling, Esq .... Henry Bonthrone, Esq.. Charles Newman. ESQ.. 16 25 95 fl Religious Instruction. 121 * SECTlbN III. The sacred duty of instructing the infant or Religious adult slaves in the principles of Christianity, and providing I nstrucUon - for them the means of public worship, is equally neglected.' p. 203. The importance of religious instruction is felt as strongly by the colonists as by their brethren at home, although Mr. Stephen argues, as if they were not merely indifferent but absolutely hostile to it ; an idea very remote from the truth, though in unison with his other charges against them. If a glimpse of candour should pierce through his prejudices, he may perhaps deign to inquire with what feelings the measures lately adopted by government for the religious instruction of the slaves have been greeted by the legislative assemblies, and by the population in the colonies. The exaggerated account given of the means of education possessed by the labouring poor of the mother country, where, we are told, ' the young are individually as well as collectively, 'privately as well as publicly instructed,' is evi- dently intended to give effect by contrast to the 16 s, d. 3. d. David Shiels, Esq 25 16 n W Forbes, Esq 20 25 o o John Davy, Esq 25 T. W. Tayler, Esq 16 Alexander Moore, Esq.. 25 John Walker, Esq ?5 Roberts, (of Silver William Gunter Esq OA Q Grove) Esq 25 John Morgan, Esq. ..... 20 o o Richard Bygrave, Esq.. Mark Raven Esq 25 20 o %* Subscriptions will be thankfully received from any person, and fojf James Mitchell, Esq.... 25 lesser sums than above. 122 Religious instruction. great want of it in the colonies.* Into such a comparison we dare not follow him ; but some excuse for acknowledged inferiority may be found in what he himself states : * A great portion of the adults in the colonies had notori- ously been brought from a country, where, with the exception of a few Mahometans, there are none but pagan inhabitants. Besides, the parents or ancestors of the Creole negroes were of the same hapless description ; and in some of our colonies, a generation has not yet passed away since they were first settled by new imported African slaves/ p. 206. What, it may be asked, could be expected of such scholars, set down to learn the ABC? yet * Not to speak of the thousands of sallow boys and girls that one sees issu- ing from the manufacturing establishments in our large towns, where at a tender age (and just when education should commence) they are corrupted by the crowding together of the sexes, and by bad example, even if we go to that -part of the empire where the blessing of education is said to be most general, shall we find that even there, ' the young are individually as well as collectively, publicly as well as privately instructed?' From a statement by a committee of the General Assembly of the church of Scotland in 1825, I quote the following paragraph on this subject : ' The Synods of Argyle, Glenelg, Ross, Sutherland and Caithness, Orkney, and Zetland, situate chiefly in the highlands and islands, and containing only 143 parishes, and a population of 377,730 persons, are, as stated in the parochial returns, in the most urgent need of not less than 250 additional schools. 'The number of scholars that would attend each of these 250 schools, it is computed, at a low average, would amount to 42. It follows therefore, that in these Synods, there are 10,500 children left without the means of education ; and the committee are quite satisfied, that the number is, in fact, much greater than the calculated number of 10,500. 1 These 10,500 children alluded to, are all, it is to be noticed, under 15 years of age. If persons of all ages are included, the number of those not taught to read almost exceeds belief. But how could it be otherwise, when more parishes than one are described as not having a sufficient number of schools to accommo- date one-tenth of their population ? Several are said to be in need of 3 and 4, and one. of even 6 schools ; and as to another, the appalling fact is mentioned, that it consists of 1000 square miles, and has a population of 4747 souls, and that of these only 995 have learned to read at all.' Religious Instruction. 123 this has been attempted, and by planters too, who are represented so hostile to the instruction of their slaves, as not even to suffer them to hear the word of God preached. A few years ago, some well meaning individuals, whose enthusiasm much outweighed their judgment, set on foot, in one of the most respectable parishes in Jamaica, a Sunday school for the instruction of adult slaves : no obstruction was offered to their benevolent de- signs by the authorities ; on the contrary, every encouragement was given to the negroes to attend. For several weeks, perhaps months, novelty gathered greater numbers to the school-house than it could contain ; and the zealous promoters of the undertaking regularly attended, anxious to realise what they had so sanguinely represented as practicable. Need the sequel be told : novelty wore off by the irksomeness to adults of attend- ing school like children ; zeal wore off by a pain- ful conviction of the impracticability of the scheme. The school, at first over-crowded, had soon a very moderate attendance, became neglected, and in less than a year not an adult was to be seen at it. The following extract of a return by the Rev. John West, Rector of St. Thomas in the East, in 1817, may be given in confirmation of the diffi- culty stated in regard to the education of slaves. ' The fact is, in respect to slaves in general, that their know- ledge of the English language is so very limited, that they can derive little or no advantage from their attendance in Church. They are so conscious of this defect, that when I go to church 124 Religious instruction. for the express purpose of catechising them, very few wilt attend, and not one of these will utter a word but what has been put in his mouth.' Quoted by Mr. Stephens, p. 223. Passing over the account Mr. S. has given of the means of religious instruction afforded to the slaves in the other islands, of the correctness of which I have not the same means of judging, I proceed to that which he gives of the situation, in this respect, of the slaves in Jamaica. ' Jamaica has 21 parishes, and we learn from the Governor's late returns, that each parish has a rector. The salaries are obviously much too small to afford a curate ; but this defect has been supplied by an act of December, 181/5, (one of the good effects of the Register controversy,) so far as to enable the Governor to appoint curates, not exceeding the number of benefices, with salaries not exceeding 300/. cur- rency, to be paid out of the insular treasury. It is not said that the curates shall hold their appointments for life ; and their salaries are not to be paid without certificates that the duties are actually performed. ' Supposing that proper persons can be found for these cu- racies, (a large supposition when the climate and the expence of subsistence in that country to Europeans in a respectable sphere of life is considered, and that they have residences to provide for themselves,) the case will certainly be much im- proved ; and we shall then have 42 clergymen in an island 150 miles long, and 40 on a medium broad; which, supposing them equally dispersed, would be one in each district of near 143 square miles. ' It will be seen at once, what a mockery it would be, to represent this scanty establishment as offering to the slaves in general, amounting by the last printed returns, those of 1812? to about 320,000, the benefit of public worship and instruction. But a very small part of them could ever go to church, even Religious instruction. 125 were the whole sabbath their own for devotional uses ; whereas it will hereafter be shewn that they are obliged to spend it, or great part of it in working for their own subsistence. ' It is true that much of the island, Mr. Edwards supposes above one half of it, is quite unsettled : but this will not im- prove our estimate : because the cultivated and uncultivated parts are intermixed, and the whole circumference is in some degree settled and peopled. On the other hand, the country is so mountainous, that the same writer supposes the superficies of the island to exceed the base by one- sixteenth part, and the difficulty of intercourse between various places must, by this cause, be obviously increased. I am credibly informed, that there are well-peopled parts of the island from which the road to the nearest church would measure 50 miles. * After stating such facts, it can hardly be necessary to say more of the utter inadequacy of the public means of religious instruc- tion in Jamaica, even supposing all the curates to be found. Taking the whole population of all colours to be 400,000, it would give about 19,000 to each parish, and 9,500 to each clergyman.' p. 214. Now first, as to the appointment of curates ; - the Assembly of Jamaica, considering the salaries first granted too small, raised them from 300/. to 500/. This was done four years previous to the publication of Mr. Stephen's book, and a man who was taking so deep an interest in these mat- ters could scarcely be ignorant of the fact; at all events had 50/. been taken from, instead of 200/. added to, the salaries of the curates, who will doubt that Mr. Stephen's attention would have been directed to the circumstance by some of his zealous friends, and that it would have been trum- peted forth triumphantly to prove the anti-chris- tian spirit of a West India legislature ? 126 Religion* instruction. If our author's information was so good as to well-peopled districts or parts of the island being 50 miles from the nearest church (one third of the whole length of the island ! ) there was surely no occasion for delicacy in telling where they were. For this omission I can from personal knowledge assign a very good reason there are none such, nor I believe in any instance, one half the distance. The statement with regard to superficial extent is nearly as incorrect, as there is an immense extent of mountains in the centre of the island, where human foot has scarcely ever trod, and which, in such an estimate, should be taken out of the account, as they lie between the parishes on the north and south sides, and form a waste which may be said to belong to neither. The whole ' circumference* it is true is more or less settled, and it is conse- quently along the sea- shore where most of the places of worship are established. To state each of the parishes as averaging one half of the peo- pled extent he has done, is certainly nearer the mark. What the average number of persons may be to each parish church, is a matter of much less importance than the number of persons who at- tend them. Every Christian must wish to see a knowledge of religion imparted to the negroes as speedily as it can be accomplished; but, in the meantime, if churches are provided for those who will attend them, more cannot very reasonably be (Jemanded. That this has not been done, our au- Religious instruction. 127 thor does not say ; nor in estimating the places of worship does he deign to notice at all those not upon the establishment, the Presbyterian, Roman Catholic, Jewish, and Methodist, in all not less than thirty. Taking these into the account along with the parish churches and chapels of ease, we shall find that Jamaica is by no means so very destitute of places of worship as it has been re- presented, although there is indeed ample room for many more. Little more than 20 years ago the churches were so ill attended that in some of the country parishes the doors frequently were not even open- ed on Sunday. Since then the number of churches of one kind or other has been doubled, nay tre- bled, and yet they are all, so far as I have seen, fully attended. And while I endeavour to correct misrepresentation as to the present state of Ja- maica, I readily allow that if the desire for reli- gious instruction continue to spread as it has done of late years, the present means of affording it will certainly not be adequate to the wants of the people. That adequate means should be supplied, is assuredly the desire of the colonists ; and from the part government has recently taken in sending out bishops, as well as from the general feeling of the country, it is to be hoped that means will not be wanting, even if the colonists themselves are unable to bear the expence ; perhaps, indeed, it would be unreasonable to expect it from them. 128 General improvement in the General im- provement in the state of society its causes. The part England took in the establishment of colo- nial slavery is not denied ; and if it is to be atoned for now, this will be better done by aiding to ex- tend the blessings of religion and education to the negroes, than by pressing crude and premature schemes of emancipation ; which would, by casting them loose from authority, subordination, and in- dustry, be the most effectual means that could be devised, of putting an end to the present fair prospect of their being in time able to appreciate, purchase, and enjoy a state of freedom. The better observance of Sunday and attend- ance at church, is not confined to the slaves, but applies equally to the whole community ; and is but a part of a general improvement that has taken place on the character and condition of all classes, within the last fifteen years : an improve- ment which, I have no hesitation to say, may challenge comparison in magnitude with any- thing on record, in any country. The causes which have produced so great a change deserve investigation. In the houses of overseers of the present day there is a sobriety, good order, and decorum, so entirely different from what prevailed twenty or twenty-five years ago, as can scarcely be believed by those who have not seen it. I have heard this attributed, and I think not impro- perly to those circumstances in the mother coun- try which favoured the extension of education ; and particularly to the great advance which state of society its causes. 129 took place in the value of farm produce after the breaking out of the late war, which enabled the middle classes in Scotland and the north of Ireland, whence Jamaica is principally supplied with new inhabitants, to give a better education to their families than they had previously done ; and to send more of them abroad. The conse- quence was, that at about that period a class of young men sought their fortunes in the co- - lonies, much superior to the indented servants who were before sent out by agents, and to those adventurers frequently carried out on speculation, in ship loads, for sale to whoever would pay their passage. That this is one cause which unper- ceived, like the silent hand of time, has had a very favourable influence, no one will deny. These young men, at fir^t book-keepers, became overseers, and many of them are now deservedly in the confidence of the proprietors as managers of their estates. The influence of the overseer, correct in his own conduct, kind to his book- keepers, while he exacts from them that atten- tion to duty, of which they see an example in himself, has naturally a powerful effect upon them; and even upon the slaves, who are much influ- enced by the persons in authority over them, so much so that it is proverbial among them, ' Good ' massa make good nigger. ' Other causes have also contributed to produce the change in question. Proprietors, w r ith scarcely an exception, as far as my knowledge goes, in 130 General improvement In the state of society. their instructions to their managers have expressed an anxious desire that the comfort and happiness of their people should be made a paramount object. The legislature has also acted upon the same humane and liberal principles ; and in the slave codes of 1809 and 1816, some excellent regula- tions, which had previously been adopted by the more liberal, were made imperative upon all. New and extensive privileges were granted to free persons of colour : the arbitrary punishment of slaves was restrained and taken almost entirely out of the hands of subordinate persons ; the working of sugar mills, which had previously encroached so far on Sunday that it was scarcely felt as a day of rest by either the white people or the negroes, was forbidden from seven o'clock on Saturday evening till five on Monday morning : magistrates were appointed a council of protection to attend to the complaints of the slaves, &c. These, and many other excellent regulations of the same kind, seemed rather to follow than lead public opinion, upon which a great change had been effected, by the introduction of a better edu- cated class of white people, by the abolition of the slave trade, and discussions attendant thereon; and by the greater means of religious instruction afforded by the curates and missionaries. The abolition was particularly important ; not, as theorists at home argue, because it prevented the planters from being able to replace the slaves Baptism of Negroes. 131 they e murdered by bad treatment;' for they are as cheaply replaced now as they were then ; but because it drew the attention of humane people more to a consideration of the state of the slaves ; and, above all, because it put an end to the im- portation of African superstition and barbarism, of which a constant supply was before kept up by the new comers, and more than any thing else had the effect of keeping the whole body in a state of barbarism. The facts here stated, and which are well known Baptism of to every person who has a practical knowledge of Jamaica, will account, in some measure, for a cir- cumstance which has afforded a fine field for Mr. Stephen's ridicule the baptism of so many ne- groes in so short a period of time. Quoting from the returns of the different clergymen to the go- vernor, such paragraphs as suited his purpose, he thus proceeds : ' One or two of the rectors in ' Jamaica have boasted of very wonderful success ' in the way of conversion ; and if the administra- * tion of the baptismal right to all adult slaves, 1 who come or are brought by their masters to 6 receive it, is sufficient evidence of their Christian ' faith, the facts they state will certainly justify ' the boast. There has certainly been nothing ' equal to it in the world since the apostolic age.' p. 224. Referring to a paragraph which states that to- K2 132 Baptism of Negroes. wards the end of the preceding year 1816, 'a ' great anxiety was manifested, and which at pre- * sent continues for baptism, both by the slaves ' and their masters, he says, ' the latter part of ' this proposition, perhaps, does not mean that the ' proprietors desired it for themselves, but for their ' slaves. 5 p. 224. ' No compulsion, I believe, (the same rector ' goes on to say) has been exercised by the mas- ' ter ; all has been voluntary on the part of the ' slave ; the negroes having freely thrown away ' their African superstitions and prejudices.' Upon this Mr. S. observes, ' What a singular and fortu- ' nate coincidence with the new-born eager anxiety < of the proprietors to bring them to the font ! ! !' ' It appears/ adds he, ' from another of these ' returns, that great numbers on the plantations < were baptized at the same time ; it is to be hoped ' the drivers were not behind them on these, as on all ' other musters.' p. 225. More need not be added to shew the spirit in which this part of the work is written. It is very evident that Mr. S. and his party, having laboured to hold up the colonists to detestation as a body sunk in an abyss of moral depravity and irreligion, unparalleled in the world, are very reluctant to ad- mit facts having a tendency to make them appear in any more favourable light. That in Jamaica the number of established churches has, within a few years, been doubled ; Baptism of Negroes. 133 that as many sectarian places of worship have, during the same period, been erected in the island ; and yet that the whole are fully attended, happens, however, to be beyond contradiction; and the only comfort Mr. S. can find, is in taking the merit to himself, by ascribing it to the Registry Bill ! Of the number of marriages now taking place among the free people of colour and among the slaves, he was no doubt equally well informed ; but he seems to have considered it prudent to pass this over sub silentio. That of late years an unprece- dented number of pagans have sought and obtained admission within the pale of the church, is a morti- fying fact, which he endeavours to disparage and ridicule with a levity unworthy of such a serious subject ; at once deciding that the poor ignorant negroes should have been spurned from the font, till they were able fully to comprehend the bap- tismal service of the church. By those who had to decide this question practically, it was not so easily solved : difficulties presented themselves on both sides, and they could but choose between less or greater evils. They decided in favour of humanity ; they admitted the negro, well know- ing that though he was weak, the cause of religion was strong : he might be benefited ; it could not be injured. Perhaps it may be asked, what benefit can bap- tism confer upon minds so clouded in darkness ? 134 Night Funerals. I answer that in the first instance it has perhaps- more of a temporal than a spiritual influence ; but still it is clearing the foundation upon which the superstructure is to be raised. The pagan African, who sees civilized Christians free from the dread- ful superstitions that oppress and often prey upon his imagination till his life becomes the sacrifice, conceives that by being christened the spell is broken, and the powers of darkness overcome. This is one step, and no unimportant one, for although the African himself, generally speaking, seldom can be made to comprehend much of the tenets of religion, the mind of the rising genera- tion is in a great measure freed from the shackles of parental superstitions, and becomes more sus- ceptible of religious principles. Nor is it meant to be inferred, that even among the Africans there are not some who will attain to a considerable degree of religious knowledge. Another benefi- cial result is, that;it imparts to the negro higher notions of the moral character he has to support. * You a Christian, andsdo such a thing !' or, * you ' a Christian and a thief!' is a common expression of reproach among them. That they should at once shake off bad habits and vices, is not to be expected ; if these are only lessened or made less frequent, an important good is effected. Nigiu funerals. And even if christening the negroes had done nothing else but put an end to night funerals Night Funerals. 135 among them, humanity could not have considered it as altogether in vain ; as this truly pernicious custom, which their native superstition regarded as a solemn rite on no account to be dispensed with, was, perhaps, of all others that ever existed, the most fruitful in disorder and suffering. The whole night, or the greater part of it, was spent in drumming on the gumbay, singing, dancing, and drinking : before committing the corpse to the earth the whole party issued forth in a state of intoxication, two of them bearing the coffin on their heads, and proceeded in a body, danc- ing and singing, to every house in the plantation village, into which the deceased was carried to take leave. This, however, was not always done on friendly terms ; sometimes the corpse was made to charge the owner of the house with having done him an injury or with owing him money; and in this case the persons carrying him pretend- ed that he would not go away, and that they were not able to take him away, till satisfaction was given. When I had been but a few weeks in Jamaica, I was one night suddenly awakened out of sleep by a strange and unearthly sound of mu- sic, unlike any thing I had ever before heard. I started out of bed, and throwing up the window, directly under it beheld a large body of negroes, two of them with a coffin on their heads, with which they were wheeling round and dancing ; the others carrying torches, and all dancing and singing, or rather yelling unlike any thing hu 136 Night funerals, man. I shall never forget the impression of horror which this spectacle made on my mind, and which was long after kept alive by the death- beat of the gumbay, heard almost every night on some one or other of the plantations in the neigh- bourhood.* The extinction of this most barbarous custom is a very happy and important change. The very sight of it was horrible to an European ; and to the negroes it was the occasion, not of casual but of continual excesses, producing a degree of over- excitement by drinking and carousing, which, just as surely as the next morning dawned, incapaci- tated some of those thoughtless creatures from attending their duty, and consequently subjected them to punishment. To avoid this for the mo- ment, but greatly to aggravate it in the end, the conscious offender deserted his duty, and suffered the consequences. Negro funerals now take place in the day time : if none of themselves are qualified, a white person always attends to read the burial service; I have often done so myself; and there is invariably the utmost solemnity ob- served. * The following air is one I have heard sang by them on these occasions, and probably African ; to ine it appears strikingly wild and melancholy, associated as it is in my mind with such recollections, and heard for the first time sung by savages interring their dead at the midnight hour. Religion Missionaries. 137 The concluding paragraph of this section affords Religion. a striking specimen of the richness of Mr. Ste- phen's language, and the poverty of his argument. ' Who could not shudder, even on temporal views, at the pro- spects of his native land, were our churches pulled down and our clergy put to silence ? The fall of the state, though a certain, would be a less dreadful consequence, than the utter dissolution of morals. France tried the impious experiment at home ; we try it in our colonies. Our course is certainly safer than hers : but is it less affronting to God? is it less injurious to man? Where can the influence of religion be more wholesome or necessary than in a land of slave masters and slaves ? and in what private relation can the depravity which results from the overthrow of religious establishments, produce such dreadful effects?' p. 229. If there^is any meaning in this, it would seem to be that England had ' pulled down the churches and overthrown the religious establishments in her colo- nies / but it is difficult to comprehend how such establishments could be overthrown where they are only erecting. The paragraph quoted is like many others in the same work, ' full of sound and fury, but signifying nothing.' He concludes thus: "the result of our en- ' quiries on this most important head, is, that the ' slave is not indebted to the state or government ' under which he lives, for ANY means of religious ' instruction, private or public, individual or gene- ral!' p. 229. * SECTION IV. The efforts of European piety and charity Missionaries, to remedy these neglects, have not any where been aided by the Colonial Legislatures, and in some islands have been actively opposed by them.' p. 230. 138 Missionaries. This section contains a history of the sectarians in the West Indies, possessing however very little interest. The Quakers were the first of the sects, who entered upon this difficult and desolate field of Christian enterprise, in the island of Barbadoes; but, as it would appear, upon a very limited scale, and they were altogether unsuccessful. The Moravians sent out a mission in 1732, and in 1787 they had ministers in Antigua, St. Chris- tophers, Barbadoes, and Jamaica, as well as in Surinam, and the Danish islands. This humble and zealous sect, with the limited means it pos- sessed, seems to have been very deservedly successful in some of the islands, as the sim- plicity of their manners, and the equal simpli- city of the tenets they inculcated, were eminently fitted to impress on the hearts of a savage people feelings of kindness and brotherly love, without exciting those frightful horrors which were too much a primary object with their successors ; and which, grafted on African superstition, often produced the most lamentable effects. Few of the Moravians found their way to Jamaica, where they had con- sequently only a small number of converts ; but there is no charge of their exertions having been obstructed or opposed. Missionaries from sects which sprung up in the mother country, known by the name of Methodists, commenced their labours in the West Indies under Dr. Coke, a follower of Mr. Wesley, in 1787; Missionaries. 139 speaking of these new teachers, 'it is a striking fact/ says Mr. S. * that they have no where met ' so much discouragement as in the islands of St. ' Vincent and Jamaica ; where, from the circum- ' stances already noticed, scarcely any other means ' whatever of conveying one ray of Christian light 6 to the slaves existed. Happily the law, as has ' been shewn, furnished no weapons at first/ (and when afterwards ?) * for open prosecution, but ' indirect and disorderly means were in some 1 places resorted to for the discouragement and ' suppression of these intruders : personal insult, ' and interruption of their preaching, for instance, 1 were safe engines of private malice in communi- ' ties where the popular sense effectually con- ' trols the ordinary administration of justice/ p. 240. This paragraph, which expressly admits that the legislature had no hand in the outrages charged, ' the law furnishing no weapons/ is all that the section contains as respects Jamaica, to prove the position at the head of it, that 'the ' colonial legislatures had not only failed to aid* ' but were active in hostility / and yet Jamaica and St. Vincent, be it remembered, are particu- larly specified as criminals in the charge. This charge against the legislature failing, it be- came necessary to have recourse to one of those bold assertions, which, however unfounded, it is not easy to disprove. Not one word of evidence of any kind is given to shew, that in Jamaica ' the ' popular sense effectually controls the ordinary 140 Missionaries . ' administration of justice.' There is in that island a Chief Justice of the Supreme and Assize Courts, an Attorney General, and an Advocate General, all officers of the crown, and gentlemen of high respectability, holding their appointments for life : are we to understand that these are included among the 'white mob' whose testimony is unworthy of attention ? if not, we must take leave to ask, why, such unexceptionable evidence being at com- mand, it has never been adduced to establish so ex- traordinary a fact as that in a British colony the popular sense effectually controls the ordinary ad- ministration of justice ? The following passage is quoted, not only as affording an instance of Mr. Stephen's disposi- tion to vilify the established clergy, and extol the sectaries, but also as it has reference to a calamity with which his name has ever been associated in the colonies the insurrection in Barbadoes, ge- nerally ascribed to the discussions on the Re- gistry Bill. If there had been a single Methodist teacher in Barbadoes in 1816, he and the society that sent him there, would inevit- ably have been accused of instigating the insurrection of that year ; and he might probably have been arrested as a traitor, tried by a West Indian tribunal, and condemned for that strange crime, however incredible it is to every dispassionate and ra- tional mind. But happily there was no Methodist or other sectarian teacher to be the scape-goat of the sins of oppression on this occasion. The planters, aided by the clergy of the establishment and the low white Creoles, both peculiarly nu- merous there, had long before effectually crushed the Metho- Missionaries . 141 tiist mission at its birth ; and the other societies had not after- wards ventured to enter on a field in which the barriers of paganism were so well defended, both by temporal and spiri- tual arms.' p. 242. As if apprehensive that setting the sectarians so high above the established church might give offence to its friends in the mother country, he makes a long appeal to them, (p. 244,) the object of which seems to be to turn their displeasure against the colonists, who being, he says, princi- pally of the Presbyterian or Roman Catholic church, can have no affection for the establish- ment, although from ' an insidious policy they ' affect an anti- sectarian zeal. 7 He therefore cau- tions them against being misled by ' the craft of ' the colonial advocates/ to suppose that they had really any prepossession in favour of ' her learned, ' prudent, and venerable clergy/ The passage is too long for insertion ; but the following melan- choly account of the great number of white pagans in the British colonies, is selected, that the active benevolence of the humane in England may be directed to their miserable situation. ' As to a great part of the white colonists born and brought up in the West Indies, I am at a loss for any criterion by which their religious classification can be fixed. Many of them, I believe have rarely been in a place of worship in their lives ; and no small portion of them in islands that had no resident clergyman, have probably never been baptized.' p. 245. -' Under such circumstances (continues he) zeal for the establishment, even in the colonies that are by law within its 142 Obstacles opposed to the Missionaries. pale, would not well account for an intolerance of sectaries, except from the acknowledged fact that the rectors did not, while the sectarian teachers did, tacitly rebuke the masters and disturb their consciences, by attempting to make Chris- tians of men whom they treated, and were determined still to treat as brutes.' p. 246. How the hardened consciences of such sinners as the masters are here described, happen to be so easi- ly disturbed by a tacit rebuke, seems mysterious ; as also, how the sectarians merit such a compliment at the expence of the established clergy of the colonies. By whom is this ' fact acknowledged ? ' Obstacles op- SECTION V. Of the obstacles which have been opposed to posed to the Missionaries. the religious instruction of the slaves ; and of the means of promoting it in future.' p. 250. A detail of these obstacles, we are informed, has been rendered unnecessary by a pamphlet published by the Right Hon. Sir George Rose, 1 On the means and importance of converting the Slaves in the West Indies to Christianity ; ' to w hich Mr. S. refers, very justly remarking that the views of this gentleman, who is himself the pos- sessor of West India property, will naturally be received with greater confidence than his. He informs us, however, that ' though the per- * secutions of the sectarians have generally ceased * since the era of the Registry Bill, the spirit which ' gave birth to them is still active, and the pre- ' tences on which they proceeded are still propa- ' gated with rancorous assiduity.' Obstacles opposed to the Missionaries. 143 Do the missionaries in Jamaica say so ? or is this one of the necessary qualifications of every admission that must be made favourable to the colonists ? I am personally acquainted with a good many of the Wesleyan missionaries in the part of the island where I resided, worthy and respectable men ; and I can scarcely doubt that they will bear testimony to the good will with which their labours have been countenanced, and the respect paid to themselves. If in any indivi- dual instance it has been otherwise, I would be satisfied to put it to themselves to say whose fault it was. * * Since the above was written, I have learned that this testimony has been .afforded, in very expressive terms, by the Wesleyau missionaries in Jamaica. But because they bear testimony (from the evidence of their senses) to facts which are at variance with the statements of the emancipators at home, with whom it would seem the Wesleyans are anxious to keep on cordial terms that evidence which their own agents on the spot have given, is formally disavowed by the body at home, and the offending persons are censured and recalled. One of the resolutions of the missionaries in Jamaica, which are stated to have been carried unanimously (6th September, 1824), is to this effect: ' The mem- ' bers of this meeting acknowledge, with sentiments of sincere gratitude, the * obligations which they have been laid under to many gentlemen in different * parts of the island, for acts of the most disinterested kindness ; and it is but ' just to state, that, to the magistracy of Jamaica their thanks are particularly ' due, for that good-will which they have generally shewn toward the spread of * morality and religion among the slaves and other classes : and the very few ' instances of contrary treatment, they have been disposed to attribute more to ' other causes, than to a wish to debar the slaves from the blessings of religion. < These sentiments they have always entertained of the gentlemen and magistrates ' of the colony, and have often communicated the same to the committee of the ' Wesleyan missions/ Now, what does the committee say to this ? ' We have been well used here, and our labours countenanced,' say their agents in Jamaica. ' Nay, but you have been ill used,' says the committee at London, ' and we will censure and recal you 144 State of religion in the Spanish colonies. reii- Disappointed of the promised detail of the Spanish coio- obstacles opposed to the religious instruction of the slaves in the British West India islands, the reader finds he has to wade through a tedious account of the state of education and religion in the colonial possessions of foreign countries. This I shall pass over as briefly as possible. Our au- thor's object will be sufficiently clear from the following extract : ' While the French West India Company, directed of course by planters and colonial merchants, had the charge of provid- ing religious establishments in the Antilles, that sacred duty was wholly neglected/ p. 259. ' In the Dutch colonies, where the business of internal legis- lation was committed to a West India company and an assem- bly of planters, the irreligious spirit, commonly generated by if you do not say so.' Take their own words. ' The committee are not unae- ' quainted with the menaces with which their missionaries have of late been visited ' in some parts of Jamaica ; the obstructions which have been thrown in the way, ' in some places, to the exercise of their ministry ; the refusal of the magistrates, ' even in the course of the last year, to license their missionaries, without any ' legal authority for so doing ; and the threats of their expulsion from the island, ' which have of late been frequently resorted to,' &c. It is but fair to add, that the committee at London represents the resolutions in Jamaica as the act of ' a very few' of their missionaries. Their first resolu- tion, indeed, bears ' That they have no information of the number of missionaries ' in Jamaica, who attended the said meeting.' But a little after they speak de- cidedly on the subject, and tell us, ' they are imperatively called upon by this ' unguarded and improper act of A VERY FEW of the missionaries employed by ' the society in Jamaica, to object,' &c. These curious documents are given at length in the Appendix. The mission- aries in Jamaica will probably be more ' guarded' in their resolutions in future. "Whether those of the Committee in London are most calculated to remove, or to confirm the prejudices imputed to the colonists, is a question not difficult to decide. St. Domingo. 145 the habits of West India oppression, was wholly unrestrained ; and, in consequence, the imparting Christian instruction to slaves, was there not only wholly neglected, but even, if I may trust their own writers, prohibited by law.' p. 264. Along with these, (the Dutch and French,) are classed the English colonists, as they formerly were in the misfortune of having fairer complex- ions, which our author supposes may in some degree account for the fact he assumes, that they are worse masters than the more swarthy and ig- norant Spaniards and Portuguese ; and in conclu- sion the former are thus admonished : * These impious views, and the correspondent practice at St. Domingo, have been terribly chastised. May other colo- nies, while there is yet time, learn wisdom from the example!' p. 267. St. Domingo indeed! The British colonists st. Domingo. trembling for their lives, called upon to take warning from its fate by a man who is himself holding up a torch to light among them the same dreadful flame, which laid that once happy and flourishing country in ashes, and drenched its fields with the blood of its inhabitants ! Compare the proceedings of Les amis de Noirs, the friends of the blacks, of 1788, with those of the emanci- pation societies of the present day, and say in what they differ ? Is the danger of propagating theories of liberty and equality less, because it is done under the cloak of religion? I shall not enter on a recital of the horrid massacres to which the mania of the pretended philanthropists of that 146 State of religion in the Spanish colonies. age gave birth, and which were only such as may with certainty be expected when ignorant savages are instigated to insurrection, and are able to over- whelm those in authority over them. The very sight of that fine island in its present state is suf- ficient to overpower the mind with the most me- lancholy reflections. Scarcely a mark of cultiva- tion is to be seen, or in such mere specks as marks the poverty and wretchedness of the inha- bitants; while in every direction one distinguishes among its native woods the fields now grown over with a light shrubbery, which were once flourish- ing plantations, and the abode of a numerous and far happier people. What has now become of them? At night the manner passing along the shore can scarcely see a glimmering light to mark a human habitation ; while round Cape Nichola Mole, where the navy of France was wont to ride, not a craft of any description could be seen, as I passed it on three or four different occasions. How different a scene does the island of Jamaica present, with its richly cultivated fields, its nu- merous mansions, and the coasting vessels crowd- ing along its shores ! and howlamentable to think, that by the interference of persons who have never seen it, and have no knowledge of the sum of human happiness they are endangering, it may soon be as desolate as St. Domingo ! state of religion B u t to return to our author's praise of the in the Spanish colonies. Spaniards, and it was necessary to give praise State of religion in the Spanish colonies. 147 somewhere, if only to blacken English slavery by the comparison ' The Spanish and Portuguese slaves,' says he, ' are as well instructed in religion as their masters ; but then it is a fact equally indisputable, that they are fed, clothed, and governed, with a degree of liberality and kindness, which in other colo nies, is utterly unknown. We have incidentally seen also, that the servile code is among them proportionably lenient and just, beyond that of the British islands. Christianity then, is at least a safe inmate in West India settlements, since those of Spain and Portugal are pre-eminently tranquil, and exempt from interior convulsions/ p. 267. We might here ask, by what means the slaves constantly pouring in from Africa, come to be as well instructed as their masters? are they sent to school together ? Or are we to understand there are no schools, and that it would have been the same thing to have said, that the masters are as ignorant as their slaves ? If I mistake not, this is much nearer the truth. * The negroes of the French islands,' says Mr. Stephen, * if we may judge by those of St. Do- f mingo, were still in general baptized, and taught ( some exterior ceremonies of religion, but were left ' wholly uninstructed in the doctrines and practi- ' cal precepts of the gospel.' p. 258. Is it otherwise with the slaves in the Spanish colonies ? If Mr. S. means that they are as well instructed as their masters, in some of the exterior ceremonies of the Roman Catholic religion, it is saying little ; and it is not a great boast, if he means that they are as well instructed in the L2 ] 48 Island of Cuba. doctrines and practical precepts of the gospel as their masters the Spaniards, the very by- word of Europe for their ignorance and bigotry, as well as for their shameful system of government in the new world, And is it thus he is to persuade his readers that Spain, enlightened Spain, has done more to propagate religion in the western hemi- sphere than the educated sons of England! island of Cuba. Of the Spanish written code I do not profess myself able to speak with confidence; but having more than once visited Cuba, its most valuable colony, and seen the actual state of the slaves there, I can most solemnly avouch, that in dress and in appearance, they are decidedly inferior to the slaves in Jamaica; nor is this my own opinion only, for I have heard the same remark made by others. Whether this may be attributa- ble to the influx of Africans, or whether they are worked harder, or allowed less time for the cul- tivation of their grounds, I shall not say, because I had not full means of ascertaining: but a fair conclusion on this point may be drawn from the fact, that neither in the Havannah, nor St. Jago de Cuba, the two principal towns, are the negro markets supplied with poultry, vegetables, fruit? esculent roots, &c. at all so abundantly as at Kingston ; from which it certainly would appear, that they raise less of those articles, or find less demand for them. As to religion, the church doors, it is true, are Island of Cuba. 149 always open; but, except on one occasion, I never saw above a dozen persons at a time inside one of them ; and these were women whom, from their sable robes and dejected countenances, I concluded to be mourners. The one occasion alluded to was a festival of the patron Saint of a church a few miles out of the city of St. Jago. The concourse was immense ; the church was surrounded with tents, completely full of people dancing, drinking, smoking segars, and engaged at every kind of gambling. One of my acquaintance, whom I met there, directed my attention to a large awning, one side of which was fixed to the church wall pretty high* and the other, descending like the roof of a house, was supported by low posts at some distance? forming under it a spacious shed. I observed that it looked like the sail of a vessel. 'Yes/ answered he, ' and perhaps it will amuse you to learn how it came here. Last August, a schooner called the Esperanza, on a voyage to the main, encountered a dreadful storm; the sailors, ap- prehensive of perishing, implored protection from the patron saint of this church ; and vowed that if spared to return, the main sail of the schooner should be given as an acknowlegement. The good saint heard their prayer, abated the storm, and brought them safely into port. The day after their arrival, the master of the vessel was not a little astonished at meeting four of his men lugging the mainsail of his vessel up one of the 150 Island of Cuba . steep streets of St. Jago; and enquiring the cause, they stated it to him as I have mentioned. He remonstrated ; he durst do no more ; and even offered them a sum of money for the sai nt, which he assured them would be much more acceptable ; but they were not to be turned aside from the fulfilment of their vow ; and here the sail is, and, as you see, a good one/ Is this the kind of religion which produces so much happiness among the slaves in the Spanish colonies ? if so, the Sunday negro market of Ja- maica certainly ought not to be abolished. Whatever influence the exterior ceremonies of the Roman Catholic religion may have on the minds of the negroes, if they ever go to church, it is impossible that the priests in the towns, engaged as they constantly are at the billiard tables, can com- mand much of their veneration. What priests or churches there are in the interior of the country, for the instruction of the plantation slaves, I do not know ; and I find no information on the sub- ject in Mr. Stephen's book, notwithstanding the very perfect knowledge he pretends to have of the state of religion in the Spanish colonies. I hope he will tell us, in the second division of his work, how many churches there are in this island, 700 miles long ; how far distant one may be from a place of worship by the nearest road ; and what is the average number of persons committed to the care of each billiard-playing priest. As to tranquillity, for which he represents the Island of Cuba. 151 Spanish colonies as so ' pre-eminent,' my im- pression was very different indeed. Contrary to any thing I had ever witnessed in Jamaica, I here saw that every gentleman coming from the coun- try into town or going out of it, carried a holster on his saddle, with a pair of loaded pistols. Does this bespeak tranquillity? Shortly also before my first visit in 1814, a serious disturbance had taken place among the slaves in an inland district, which had created considerable alarm. I was moreover informed that several hordes of runaway slaves had collected in the interior, and bid de- fiance to any means the government possessed to dislodge them; nor, considering the immense number of Africans I then saw pouring in, could I wonder that such should be the case. These circumstances left on my mind an impression, that the colony was in a state very different from that ' pre-eminent tranquillity' Mr. Stephen describes. One advantage, for such, as regards character, it seems to be the Spanish colonies certainly do possess over those with which they have been contrasted : they publish no newspapers in Cuba, except a sort of official Gazette, and consequently, as it admits nothing of this kind, any acts of cruelty committed, or occasional alarms, can scarcely be known in the next island ; and are still less likely to be heard of in Europe. The coloured and white classes are so com- pletely amalgamated, that they are scarcely dis- tinguishable : the few white people you see, espe- 152 Island of Cuba. cially the men, have the most forbidding aspect to the eye of a stranger that can well be imagined. They are universally shabby in their dress, dirty, ignorant, bigoted, and indolent; with exception of the Catalonians, who are not deficient in ac- tivity and enterprize. These occupy all the retail shops, and active situations are the very life of the community, and seem to form the only tie that connects the colony with the mother country. However good the written Spanish code may be, it is not easy to see how it can have much practical influence in a colony where little or no regard is paid to the authority of the mother country. Even in the public offices, bribery is not only practised, but in fact justified, as the sole means the officers have of being paid. That the law, which entitles a slave who has the means, to purchase his freedom, is more liberal than that of Jamaica, I admit ; but the actual benefit re- sulting from it to the slaves depends upon the manner in which they are treated generally on the plantations what means are afforded them of acquiring sufficient property to purchase free- dom how the price is ascertained, and by what practical mode the emancipation is effected. These are important points on which the value of the law wholly depends ; to speak of them would require a practical and minute knowledge of the plantation economy in Cuba, which I do not possess; only, as already stated, I thought the Island of Cuba. 153 appearance of the slaves inferior to that of the slaves in Jamaica, and the negro markets (a fair criterion of their wealth) were not by any means so well supplied as in that island. For Mr. Stephen's purpose it is enough that a good law has been made at Madrid, without enquiring whether it is enforced in the colonies ; while every confessedly humane law made by the English colonists themselves, and therefore more likely surely to be acted upon, is, by persons who have no personal knowlege, boldly and impudently pronounced to be of no practical effect! Whatever may be the merit of the Spanish law of redemption in practice, of which Mr. S. knows perhaps as little as myself, it is not necessary to refer to it as the cause of a larger free coloured population in the Spanish than in the English islands, as this certainly is to be attributed to their earlier settlement, and to the greater number and the more permanent residence there of emigrants and their offspring from the mother country; which again has had the effect of assimi- lating the white and coloured classes, and bring- ing them more on a level than in the English Islands ; where, generally speaking, every person who has it in his power, prefers returning to his native land, and sending his children there. Yet even in Jamaica a few more years must approxi- mate the two classes, much in the same manner they now are in Cuba, with (let it be hoped) this most important difference, that the lower classes 154 Island of Cuba . will there be raised in intellect to the higher, instead of the higher, as in Cuba, sinking to the lower. I have gone further into this subject, than I at first intended ; but having had an opportunity of estimating as well as my judgment enabled me, the state of the Spanish colonies, there may be those who will be inclined to think the testimony of a person who has seen them, entitled to as much regard as the authority of one who has not. When I first landed at St. Jago de Cuba, it was noon ; but no foreigner dare leave his vessel till visited by the authorities and examined; and these Dons will not move out till about five o'clock, when the heat ha subsided, and they have had their siesta or afternoon sleep. A soldier, attired in only his shirt and trowsers, with a rusty sword by his side, is then sent on board, whose duty it is to take all strangers before the governor. It was evening when I reached the house of his Excel- lency: he enquired where I came from if I had any newspapers what was doing in South America, &c. His lady was lolling on a couch, smoking a segar. Among other charges against the vessel was one for the inquisition, one for pilotage (although we saw no pilot), and 2 J dollars per ton of tonnage duty, while vessels of the United States were charged only one. This distinction, the more iniquitous from the favorable terms on which their vessels are allowed to enter our West India ports, still continues ; yet this is Change which Englishmen undergo in the colonies. 155 a country particularly specified by Mr. S. to- gether with Haiti and Hindostan, where English shipping is to find employment, and England, much to her benefit, is to be supplied with colo- nial produce, when her own colonies are happily destroyed. Mr. Stephen, being aware that there is some change which Englishmen difficulty in reconciling the description he has undergo in foe J colonies. given of Englishmen in the colonies with what they are known to be at home, has here given a philosophical, and to himself no doubt satisfac- tory, explanation of this difficulty, p. 270. It is however deficient in one very important point, which we hope he will attend to when he returns to the subject, as he has promised to do ; and this is, that some of them (a small proportion it is true) have the happiness to return to the land of their fathers, to intermix again with the society there; and as there is no evidence ad- duced to shew, nor even any allegation, that they are then particularly distinguished as black sheep in the flock ; what we wish to know, is, whether, having on their leaving home undergone one metamorphosis (from men to brutes), they are by any process he is acquainted with, again, on re- turning to it, happily restored to their former rank ? Were a person disposed to retaliate on the learned gentleman, he might ask, using the same argument, what effect is likely to be produced on 1 56 Mr. Stephens hostility to the established clergy. the mind and principles of the man who for hire becomes the advocate of any cause, however bad, the worse in fact, the more merit in defending it ; and whose greatest accomplishment consequently is, a consummate ability to misrepresent truth and ' make the worse appear the better reason' ? Mr. Stephen^ I 11 accordance with the hostile feeling already hostility to the noticed towards the established clergy, we are established &t7 cier g y. here informed by Mr. Stephen, that ' in one small ' island, there have been two recent instances of ' regular clergymen having been tried on charges * of murdering their slaves in the exercise of a ' master's power. In one of the cases, the revc- ' rend defendant was acquitted ; but in the other, ' a conviction of manslaughter by excessive whip- ' ping took place, as official evidence, laid on the * table of the house of commons, has attested. ' In another island, within my own recollection*, ' the beneficed clergyman of the chief town was presented ex-officio by the grand jury, for a pub- ' lie nuisance, for loading a wretched female do- ' mestic slave with heavy irons and weights, and ' sending her daily, for many months, through the 6 streets in that condition, to bring water from a 'distant well.' Such excesses, he admits, are not common, and proceeds, ' at present, it sometimes * happens, that beneficed clergymen are not only ' slave-owners, but planters, and as attornies and * managers for absent proprietors, extensively em- * Mr. Stephen's recollection is not of yesterday, and as the two former in- stances would seem to be beyond it, some idea may be formed, of how occurrence they are. Mr. Stephen's hostility to the established clergy. ' ployed in the conduct of sugar estates ; but their * successors, at least, should be prevented from * engaging in such occupations. Their secular ' character is objection enough ; more especially ' for men who truly allege that they have not time 4 enough for all their pastoral duties.' p. 272. No colonists will attempt to justify or palliate such atrocities on the part of a clergyman or any other person ; nor will it be denied that they have quite enough to do with their pastoral duties, with- out engaging in any others : but this charge, to say the least of it, is much too general. There may have been among the clergymen of the "West Indies some bad characters, as we have seen at home, and without going far back to look for them ; there may also be among them some employed in the very improper manner described, but not one case of the kind has ever come within my know- ledge, nor do I believe there are any such in Ja- maica ; if there are, it would have been much more consistent with justice and fair dealing to have named the guilty, than to have cast a general im- putation, by expressing himself in a way calcu- lated to make his readers suppose the regular clergy are, as attornies or managers, extensively employed in the conduct of sugar estates ! But in this we recognize a common artifice in the abuse of the colonists, to make the charge general, and avoid, specifications, which might be brought to the proof and disproved. 158 Sectarians, why received with distrust. sectarians, Our author's object clearly is to excite a preju- vvhy received . with distrust, dice against the established church, in order to exalt the sectarians, whom he extols as the assi- duous inculcators of submission and reverence to their temporal superiors. Lest, however, those * temporal superiors' should not be sufficiently sensible of their obligations, he suggests that they (the sectarians) should be put above the law of the country in which they reside, or in other words that they should not to be tried there for any traitorous or seditious practices they may be guilty of, but sent to England, where alone in their case a judge and jury sufficiently impar- tial can be had: just such an idea, as that the Irish priests should be sent to Rome to be tried for traitorous or seditious practices in Ireland. I am far from meaning, by any thing I have said on the subject, to disparage the missionaries, against whom I deny there exists any prejudice in the colo- nies, except alone what arises from the connexion some of them have with societies in England, whose object the colonists view as involving their destruction; but nothing can be more evident, than that this proposition by Mr. Stephen (too monstrous to merit a moment's u attention) would increase that prejudice, embroil the missionaries with the colonists, and injure the cause of religion which he would seem to wish to promote. A pre- cedent for such a law, he tells us, is to be found (exactly where it might be looked for) in the pro- visions for making the officers and friends of Sectarians, why received with distrust. 159 government safe in obeying the British revenue laws forced upon North America, 14 Geo. III. s. 39. laws which could not be enforced, and led to the sanguinary conflict which terminated in the loss of those colonies. But the colonies of the present day are weak, and may easily be trodden on. ' What was boldness in the one case, would 6 be impudence in the other. England must be re- < duced very low indeed, before she can feel greatly ' alarmed at a Charibean island, like Lord Grizzle in ' Tom Thumb, exclaiming, S'death I'll be a rebel !' Edinburgh Review, vol. xxv. p. 344. From what has been stated it appears, that reli- gion has made considerable progress in Jamaica; and as the colonists and their opponents are agreed that it ought to be encouraged and extended ; the only question is how this may be best done ? The colonists think by a regular clergy : the anticolo- nists assert that it can only be done by secta- rians. Why, it may be asked, should there be any difference about the means ? The cause is obvious, the enemies of the colonies have an ulterior object which they think may be better promoted by em- ploying men of their own political opinions, zeal- ous not in religion only, and who may preach something more than Christianity to the slaves. For no other cause is it that the colonists have any distrust of the missionaries. If sent out merely as preachers of the gospel, unconnected with party, and with proper testimonials as to character and education, they would be received with open 1GO Sectarians, why received with distrust. arms. Even in spite of the causes for distrust of them, have they not been received in Jamaica as ministers of the gospel ought ? Let not the colonists be blamed for their suspicions, their lives and for- tunes are at stake : religious enthusiasm is a power- ful engine ; and where can it be so dangerous as in a country where ignorant slaves constitute the bulk of the population. A leading man in the missionary societies, thus expresses himself with regard to the colonists : * The slave, however, has a temporal interest in the religion of his master ; the bell which calls to public worship may have some slight and indirect influence even on the great majority of planters who uniformly neglect the summons. It is something when the petty despot, amidst his pride and anger, is reminded that there is a God whom other men adore ; that there is a faith which recognizes, in the abject despised negro, a child of our common parents, a fellow heir of immortality that there is a law, believed by our forefathers to come from God, which de- nounces tremendous future penalties against the merciless and the oppressor.' Mr. Stephen, p. 221. Let the most dispassionate man on earth say, if a colonist would be expected to read this and not feel his heart burn within him? Let him say, if men sent forth under the patronage of societies or individuals holding such language, could be ex- pected to be received without some slight degree of suspicion, even if there were no instances of their intermingling political sentiments with their doctrine? and, finally, let him say if the distrust of the missionaries is most to be attributed to the unchristian spirit existing in the colonies, or at home ? Sectarians, why received with distrust. 161 It is to be hoped the sending bishops to the colonies, and the further aid to be given in build- ing churches, will be attended with the best effects in extending the knowledge of religion among the slaves, without endangering that sub- ordination so necessary even to their own well- being in their present state. It is to be regretted, however, that in the proposed measures no favour is shewn to the Presbyterian form of worship, as a considerable number of the white people resident in Jamaica come from Scotland and the north of Ireland, and are attached by early associations to that church. Report says that to petitions pre- sented on their behalf, the colonial secretary replied that the aid to be given to the colonies in building churches, was meant for the benefit of the black peo- ple, and not of the white. This may not be correct ; but if such was the answer, it may be observed that the churches most likely to be well attended by the whites, would also, from their example, be most likely to be attended by the slaves; and consequently, that religion would be promoted by shewing some favour to this form of worship. The parish of St. Thomas in the East, where I resided, has three Episcopal churches, and three Wesleyan, all fully attended ; and the founding of a Pres- byterian church would be hailed with much joy by a respectable white population attached to the establishment of their native land.* * Ou Charley-hill, a little eminence rising on the south side of the rich and beautiful vale of Plantain Garden River, a large house was built some years M ] C2 Negro funerals. Negro funerals. When Mr. Stephen descends from general ac- cusations to specific charges, there is no difficulty in meeting him. Thus, after describing in this chapter how much attention was paid by the Athenians, the Romans, and in more modern times by the French, to the funerals of their slaves, he goes on to say ' But we should search in vain * in the laws or practices of any of the British ' colonies, speaking generally as to the practice, ' for equal humanity/ There The sacred dust Of this heaven-labour'd form, erect, divine," ' when no longer animated with that soul which ' groaned under oppression, and no longer fit for ' the master's purposes, is abandoned with un- ' feeling disregard, to the care of kindred wretches, ' to be interred at their discretion in the nearest ' vacant soil. The funereal rites commonly paid ' to ordinary plantation slaves are supplied, not ' by the care of the master, but by their relatives 'on the same estate; and are in the forms of ' African superstition, not of Christian worship.' p. 275. Never was there a more palpable misrepresenta- tion. As formerly mentioned, the slaves about 20 years ago were, with few exceptions, buried at ago by the proprietor, Mr. Arcedeckne, or rather the walls only were built, and in that state it was left, and now stands. There could not possibly be a finer situation for a church ; it would be in view of the plantations that lie imme- diately under it, and in a calm morning the bell would be heard by upwards of 2000 people within the compass of two miles. The object is worthy the atten- tion of all who take an interest in promoting Christianity among the slaves. Negro funerals. 163 night ; and the funereal rites were in the forms of African superstition. But as religion advanced, this barbarous custom gradually disappeared ; and a positive law in 1816 put an end to night funerals, that source of crime and of misery. Christianity, however, would have effected this before now, if no such law had been enacted. But had this change (beneficial as I have shewn it to be) been at- tempted by law twenty years sooner, with the superstitious veneration the negroes then at- tached to night funerals, they would have felt it as a deprivation of a solemn rite which they owed to the dead ; and, I need scarcely add, they would have resisted its abolition accordingly. Can enthusiasm, which vainly thinks to mould the human mind as a potter does his clay, not read in such facts an useful lesson, to let education and religion take their course in eradicating superstition and conveying light into the darkness of paganism, with- out attempting to accomplish in a day what can only be the work of years ? What the utmost stretch of power could scarcely have effected then, has now been, without a murmur, almost impercepti- bly accomplished. The funerals of slaves in Jamaica for years past have in no respect differed from those of white people. When a negro's death is occasioned by an acute disorder, it happens in the hospital, where he has been under the care of the medical attend- M2 164 Negro funerals. ant*; when it occurs from a decay of life, he is not removed from the comforts which his own house affords ; but in either case he has the kind offices of those most nearly related to him by the ties of blood and affection. When he expires, notice is brought to the master or overseer, and gene- rally communicated in the short but emphatic ex- pression, such a one ' is gone.' Immediate direc- tions are given to the carpenters on the plantation to make a coffin; and some little things are always given for the funeral, such as rum and sugar, and a little flour and butter to make cakes or rusks; often on such occasions, I have known masters, and even managers of estates, give from their own private stock half a dozen bottles of Madeira wine, and a dozen of brown stout, to shew their respect for a valuable and faithful servant. The shroud and furniture for the coffin are provid- ed by the family of the deceased ; white if a single, and black if a married person, with corresponding mounting or plates ; in short, in every respect the same as in the case of white persons. During the night, and it is never more than one, that the corpse is in the house, a few religious friends attend, psalms are sung, and prayers given by some of their own (negro) preachers. The fol- lowing day the funeral takes place, and is always * Every plantation has an hospital, and these buildings are so respectable in size and appearance, that they are often mistaken by strangers for the mansion- houses. Negro funerals. 165 numerously attended by the relations of the de- ceased, by all the old and invalided of the plan- tation village, and by the women exempted from labour on account of pregnancy or attention to their families ; nor, indeed, is permission to attend ever refused to a slave on a neighbouring planta- tion, if the deceased has been his intimate friend, relation, or countryman. At the hour appointed, a white person attends, accompanied frequently by others, to read the service appointed by the church of England, in committing dust to dust; and this most solemn and impressive ceremony is listened to by white and black, with an attention and humility evincing a sense, that ' our brother here departed,' has gone where we must all fol- low, and where human distinctions are at an end. While the grave is closing, bread and wine are handed round, which, from seeing it done at the funerals of white persons, the negroes perhaps consider a part of the ceremony ; of course, it is little more than a matter of form, and a couple of bottles of Madeira is the usual quantity procured for the occasion by the ordinary class of slaves. From a latent taint of African superstition, the negroes universally attach great importance to having what they call ' a good burial.' Hence those who are in only indifferent circumstances, are often careful to reserve means for the pur- pose ; others, indifferent to the morrow, are still more so as to what shall follow, when the wants of life are at an end ; yet a thoughtless improvi- 166 Negro funerals. dent creature of this description, ' not sorry for ' himself? as the negroes express it, is respected in death by his friends, who would consider it as an indelible disgrace to themselvs, if he was not buried ' as a Christian ought.' Near towns, and on some plantations, a piece of ground is enclosed as a burial-place for the negroes; but the more common practice upon plantations with both whites and blacks, is to inter the dead in a small corner of their respective gardens set aside for the purpose ; and as the ne- groes attach an importance to the burial of the dead, they extend the same feeling to the graves, over which they erect tombs built commonly of brick, and neatly white-washed. The white-wash- ing is carefully repeated every Christmas morning, and formerly it was on these occasions custo- mary to kill a white cock, and sprinkle his blood over the graves of the family^; but this last part of the ceremony seems now to be little attended to, and is likely to be soon extinct* In public negro burial grounds on plantations they build into the tombs, at one end, a piece of hard and almost imperishable wood, placed upright and having the top cut into rough outlines of the hu- man figure, which gives the spot a very striking and not unimposing effect. Such are negro funerals, as I have seen them, and such, however much at variance with Mr. Ste- phen's account of the matter, I avouch to be the general practice. to which the slaves are subject. 176 ' SECTION VI. The West India slave is not only subject to Laws to which all the criminal laws by which the offences of free persons are punished, but to an additional penal code of great extent and severity, made for the government of his condition alone.' p. 276. It might, in like manner, be made the subject of complaint, that an English soldier is subject not only to all the criminal laws by which the offences of others are punished, but to an addi- tional code (the mutiny act), made for the govern- ment of his condition alone. But if the slave is subject to a code * of great extent and severity,' made for men of his condition, it can scarcely be any great aggravation of his state to be subject in common with free persons to the law of England, so far as it is in force in the colony to which he belongs, or rather, I am inclined to think, subject to it on points only which are not provided for by the slave code. However excellent the law of England, it is manifest it can be but partially applicable in co- lonies where the bulk of the population are slaves ; and hence the origin of the slave codes. But whatever laws the slave may be subject to, the truth is that, in practice, the power of correction possessed by the master, limited as the punish- ment is that he can inflict, renders an appeal to them but seldom necessary. That this power may in some instances be used to the injury of the slave, is true ; but it is equally true, that it commonly stands between him and public prose- 1G8 Desertion and vagrancy. cution, and this often in cases when the law of England would consign him to transportation or to the public executioner. Desertion and ' SECONDLY : He is treated as an offender against society, for acts which amount only to violations of his private duties as a slave.' p. 287. This broad and general charge rests wholly on the punishment of desertion; and desertion, we are told, is not an offence against society ! If Mr. Stephen had himself had an opportunity of acquiring a little practical knowledge of what he thinks he is capable of teaching others, if he had had his poultry-house robbed, his sheep carried off, and his provision-fields destroyed by wander- ing vagabonds, it is not unlikely he would have discovered that desertion is a sufficiently grievous injury to society, independently of the mere loss of labour to the master. In a subsequent page he acknowledges that desertions may be of dangerous consequences to the public safety, but this seems only for the purpose of aggravating the charge. * It may perhaps be alleged, that these violations of the private duties of a slave are not punished by the law as such, but rather as offences dangerous to the public safety of the Islands. Some of the meliorating acts have speciously recited such views, as apologies for their severity against runaways, or wandering slaves ; and I admit that apprehensions of public danger may in some islands, as in Jamaica, where maroonage in the mountains was of a troublesome extent, have been among the true motives; but that the loss sustained by the Desertion and vagrancy. 169 owners, in the privation of their property in the fugitives, or through the suspension of their labours, was the leading con- sideration with an assembly of slave masters, cannot well be doubted; and might clearly be discovered so to have been, from a particular examination of the provisions of these run- away laws. To what other principle, for instance, can we ascribe the severity, still adhered to, of punishing with death a departure from the island ? As far as the public safety is concerned, the migration of the runaway from the colony is a deliverance from, rather than aggravation of, the dangers aris- ing from his desertion.' p. 291. And, he might have added, that, but for this cruel and impolitic punishment, the deserter would have been able to spend a few weeks or months occasionally in St. Domingo. In ordinary cases of desertion, masters are al- ways satisfied with the power of punishment they have in their own hands, without incurring the expence and trouble of going into a court of law. When it has been found impossible to keep a wandering vagabond of this kind at home, and it has become an absolute tax upon the master to be constantly sending people into the woods after him ; besides, as is most commonly the case, having to pay for the depredation he has committed ; then, but not till then, he is taken before a court, and may be committed to the workhouse for life, or transported, as the case shall seem to require, when established by proper evidence, and upon the oath of his master, that he has been found altogether incorrigible. The latter punishment is inflicted only on very bad characters, such as are 170 Desertion and going off the island. thieves as well as deserters. When a slave is thus condemned, although a healthy young man in the prime of life, the compensation to his master can- not exceed fifty pounds currency, about thirty-five pounds sterling ; of course, it is a great sacrifice, and never submitted to but in a case altogether incorrigible, and where example is absolutely ne- cessary. Desertion and A slave going off, or attempting, or conspiring . to go off the island, by the law of Jamaica may be punished with death; upon which Mr. S. thus ex- presses himself: ' Now let it be shewn that human oppression and cruelty have, in any parts of the known world, except in these Chris- tian colonies, punished desertion, though beyond the territory, with death, except when to a public enemy. * Such also is the equality and justice of these last and best fruits of the best colonial legislation, that while the servile accessory to this offence is punishable with death, and the free coloured acces- sory with transportation, the white accessory's punishment is limited to a fine of three hundred pounds currency, and im- prisonment not exceeding twelve months.' p. 289. In a preceding page our author takes notice of a Roman law, by which, if the master was mur- dered in his own house, all the slaves resident therein at the time were liable to be put to death ; * An English soldier who, even in time of peace, ' shall be convicted of hav- ing deserted the service, shall suffer death, or such other punishment as shall by a court-martial be inflicted.' Art. of War, sect. vi. a. 1. Desertion and going off the island. 171 and mentions, that, on the assassination of Pe- danius Secundus by one of his own slaves, this law was actually put in force against four hundred persons ! But in the usual spirit of his work, palliating the severity of the slave laws of every other country and age, and aggravating that of the British colonies, he adds : ' But the law ' though thus once executed, was probably ' made in terrorem only/ p. 284. Such a sur- mise with regard to this law of Jamaica (al- though he does not say that it has been even ' once 7 executed), of course never could present itself to Mr. Stephen, although it can obviously have no other object, or effect any other purpose, but ' in terrorem.' If a slave has gone off the island, it signifies little to him what punishment the law denounces against him, when beyond its reach ; and as to attempting to go off, it is mani- fest there can scarcely ever be proof of this, until he is outside of a harbour making the attempt, and when there is little chance of being detained. That many slaves do go off, is true ; nor can this be prevented in an island where there are so many free people of colour, and where the police laws are so little attended to. These laws require that a slave leaving home, or permitted to find employ- ment for himself, as they often are by persons who own only a few (paying a stated sum weekly or monthly to their masters), must have a ticket to shew ; and it is falsely maintained in England, 172 Desertion and going off the island that every free negro found without testimonials of freedom, is forthwith apprehended and sold into slavery : but the truth is that a black man who calls himself free, going on board a ship in any port of Jamaica to seek employment as a labourer to assist in taking on board the cargo, is engaged as such without any questions being asked, much less any testimonials of freedom de- manded. It is true some precaution is used in employing blacks to go away with the vessel as seamen or stewards ; but the master of a ship ready to sail, if at a loss for hands (as not un- frequently happens), will not ask ( documentary proof of freedom : it is enough for him, that the person is reputed free in the port. Under this provision of the slave code, so triumphantly selected to prove oppression and cruelty, I have never seen never read nor heard of a conviction against principal or accessory, not- withstanding Mr. Stephen's belief and assurance, ' that in practice the laws are not likely to be * more humane than in letter ; ' and notwithstand- ing that thirst for blood which he must suppose exists among the colonists, when he infers that the words in their acts of Assembly ' such other * punishment as the said justices shall think pro- * per to inflict,' are intended covertly to confer a right to take away life:' 'although with the * -usual address of the ostensible law-makers, the ex- ' press mention of death is omitted.' p. 288. What Vag rancy and theft. 173 a horrible accusation ! Thirst for the blood of the innocent, combined with meanness enough to seek it in a way that dare not be avowed ! It is urged also as heinous injustice, that the punishment of the white accessory in carrying a slave off the island, is limited to a fine of three hundred pounds currency, and twelve months' im- prisonment. A ship-master will probably consider this quite penal enough to deter him from inten- tionally committing the offence : if so, the object of the law is accomplished ; and if the slaves and their black servile accessories could in the same manner be punished by fine and imprisonment, there would be no occasion to deter them by the threat of capital punishment. The next charge against Jamaica under this vagrancy and head is, that the law permits a master, with the sanction of a magistrate, to put a small iron collar on the neck of an ill-disposed slave, addicted to desertion and committing depredations on the other negroes, as a mark to distinguish him, that when found from home he may be known as a bad character, and apprehended. We have here an amusing display of the complacency with which Mr. Stephen assumes the merit of every improve- ment the Assembly makes on the laws ; and of his self-sufficiency in judging of its acts. Many and great, it would appear, have been its obligations to the strictures in the ' former unpublished, but not ' unknown, edition of his work.' We are told of 174 Causes of desertion. ' a secret sympathy between its progressive spirit ' of improvement and the progressive strictures of ' his work/ Nay, the Assembly of this great island made itself so little in 1816, as to throw a clause into the consolidated slave law, for the express purpose of ' baffling a stricture 1 of his, the publi- cation of which was expected ! ! ! p. 293. It is not easy/ says he, ' to see why even an iron collar (formerly chains were used), should for this purpose be per- mitted. The master can stand in no need of such intimation ; and as to the police, it subjects every slave whose master is unknown, or who is found beyond the limits of a plantation without a note in writing from the owner or manager, to be treated as a deserter/ p. 293. i This is not correct ; a negro ' can be deemed a * runaway only, when absent without leave for the ' space of five days, or found at the distance of ' eight miles from home, without a ticket/ * Be- sides, even this law is in fact almost a dead letter. The roads are crowded with negroes travelling to and fro ; but it is seldom asked who they are, or whither they are going, and still less if they have got a written note: indeed so unusual is this question, that it is felt as an insult, and generally retorted upon by any thing but a civil an- swer. A strange negro, found off the road, skulk- ing about a plantation, or in a suspicious place of concealment, of course must give an account of himself, or he is sent to the workhouse ; but the * Consol. Slave Law, cap. xxv. $ 62. Vagrancy and theft. 175 negro who has got a collar on his neck, if he quits the limits of the plantation, is sure of being taken up by the first negro he meets; and thus a benefit is done not only to the master, but to the slave himself in reclaiming him from such a vicious habit, besides the good of the example to others. ' There is however,' continues Mr. Stephen, ' a further amendment in the last Jamaica act, that the collar must be put on by the directions of a magistrate. This I admit to be an improvement ; though probably there will be little difficulty in any case to get the sanction of some neighbouring planter in the commission of the peace, when a master thinks fit to apply for it.' p. 293. This is quite in character : if an improvement is undeniable, it must always be admitted with such qualifications as may make it appear of little or no value. But Mr. S. is not igno- rant what human nature is ; that ' man, dressed up in a little brief authority,' is seldom alto- gether insensible to the importance thereby attached to himself, and that it is more likely the justice will make the overseers feel this, than be so facile, when they come to solicit his magisterial sanction, and state the grounds, as of course they must, upon which they ask it. It is proper to add, that such degrading desig- nations are now very rarely to be seen, and are going fast out of use. About twenty years ago, negroes working on the road sides in chains, presented a common and most revolting spec- tacle ; but, with exception of criminals in the public houses of correction, there is not now an 176 Causes of desertion . instance of a negro carrying a chain to be seen from one end of the island to the other. ' I will not detain the reader,' says Mr. S. ' with any more specimens of laws, by which the private offence of a slave against his master is treated as a public crime.' p. 296. Only ONE specimen of these laws has been produced, viz. that against desertion, which, as respects Jamaica, he acknowledges himself to be ' an oifence of dangerous consequence to the state ! ' Was there any other reason for not giv- ing another specimen of such laws, besides the fear of wearing out the reader's patience ? sertion. causes of de- As desertion and the punishment of it have been the subject of so much misrepresentation and unfair inference in England, it may not be superfluous to add a few remarks while the subject is under consideration. In some few cases, no doubt, it may be occasioned by improper treat- ment ; but nothing can be more unwarranted than to set this down as the general cause ; for the best treatment often cannot prevent it. The evil has its foundation in the improvident, indolent, and wandering disposition of many of the Africans, and some few also of the Creoles ; which no en- couragement to industry, no attention or kindness on the part of the master can overcome. I have myself the misfortune to own two Africans of this description ; and cannot better illustrate my as- sertion than by describing them. They will do Causes of desertion . 177 nothing whatever for themselves, and prefer an idle wandering life to any possible domestic com- forts. Land in full cultivation has been frequently given them for their support, and as long as it continued to yield plantains and edoes, they ga- thered them ; but although allowed the same time for the purpose as the other people, they would never take a hoe in their hand to clean it, and of course it was soon over-run with weeds. This not availing, desertion continuing, and their mas- ter being frequently called upon to pay for the thefts and depredations they had committed on other negroes, a weekly allowance of provisions was given them (in addition to their land and regular days) that they might not be driven by hunger to commit theft, or to desert : yet all this has not reclaimed them they will sometimes come and take their weekly allowance on Monday morning ; but instead of going to work, steal off to the woods, and will not be seen again for a month. Instead of giving them, like the others, their annual allowance of clothing at once, they are supplied as they stand in need ; and they have been known to sell a new jacket for a quarter dollar, that had cost their master four dollars. If a second shirt is given them, it is readily bartered for a bottle of rum ; and washing is entirely out of the question. It is this description of persons that fill the workhouses in Jamaica, and form the lists of runaways in the newspapers : one of which lists, containing the names and descriptions of N 178 Slaves not allowed to traffic in the fifty vagrants, was lately read by Mr. Brougham in the House of Commons, as affording sufficient evidence of the degraded and oppressed condition of the whole slave population, amounting to three hundred and twenty thousand persons. Slaves not ' Thirdly, there are many laws, which, with a directly oppo- fic^the^ tl^fe s * te v * ew an( * * n a spirit strikingly characteristic of West India of the estate, justice, punish slaves, and slaves only, for acts perfectly inno- aud why. cent in their moral nature, though performed by the master's approbation, and presumably by his command.' p. 296. This charge is grounded on a restriction found necessary in all the islands to prevent slaves from trafficking in the staple of their master's estates. Accordingly, as Mr. S. mentions, ' in colonies ' where the planters cultivate nothing but the ' sugar-cane, slaves are not restricted from raising * or possessing any other species of produce than ' sugar, molasses, or rum.' p. 299. The principle upon which this restriction is founded, must be so manifest, that it is almost unnecessary to state it. If a negro on a sugar estate were permitted to make canes an article of traffic, with his master's fields lying (as they are) perfectly open to him, it is evident there could be no preventing him from carrying off and selling as many as he pleased. But though for- bidden to traffic in them, or to have them in his possession when absent from the property to which he belongs, he is not prevented from raising them for his own use. Again, when the mill is at work and the manu- factory of sugar going on, the negroes upon the staple of th e estate . 179 plantation have free permission to go into the boiling- house and take as much syrup out of the boilers as they choose ; such is the universal cus- tom*, although it may appear rather strange to an English landlord, who would not readily ac- quiesce in permitting his dependents to go to the mill and help themselves when his wheat was * Mr. De la Beche notices the same thing: " During crop time they eat as many canes as they please, drink as much hot and cold cane-juice as they think proper, not clandestinely, but as a customary privilege, and in spite of all our vigilance carry off a considerable quantity of sugar for themselves, aud of canes for their hogs." " Amid all the gross representations respecting the food of the poor negroes with which the European ear has been deceived, it has not yet," says Mr. Stephen, to my knowledge, been asserted that their ordinary beverage is any thing but wa- ter." p. 343. It is not easy to say what would satisfy our author either for meat or drink to the negroes. In the paragraph preceding that last quoted, he recommends to the Jamaica reporters, to contemplate the conduct of the Roman Censor, " who thought it not too much for each slave to have every day his bottle of wine," implying, as it would seem, that the colonial slaves should also have their bottle of wine each after dinner. That water is the ' ordinary' beverage of the negroes and of all classes in the torrid zone, there is no denying ; nor have I ever yet heard of a better, or of anything that could be substituted as an 'ordinary' beverage where people are drinking every hour of the day. But, on most plantations, the negroes at work get a daily allowance of rum ; and in wet weather it is commonly given twice a day. The cane-juice, besides being used in the plain state, warm and., cold, is frequently mixed with bruised ginger and chaw-stick (a pleasant bitter), and let stand till in a state of fermentation. This the negroes call ' setting liquor for cool drink;' and it makes a finer and richer beverage than the best ginger beer used in this country. In the same page from which the last quotation is taken, Mr. S. adds, " and well would it be for a large majority of the slaves, in some of our islands, if that element (water) in its purity were provided for, or could easily be obtained by them/' How they are supplied with water in some of the small islands I do not know ; but as respects Jamaica, it may safely be affirmed, that no country in the world is provided with this element in greater abundance or greater purity ; find the people at work in the field have a constant supply carried to them. A woman cooks breakfast in the morning for fifteen or twenty of them, carries it out at nine o'clock, and then proceeds to the nearest spring or rivulet for water, which she continues to supply them with through the day. N 2 180 Advantages the Negroes derive from grinding. Here the case is different ; the labourer is the property of the landlord, and is permitted to take whatever he requires to supply his own wants, and he is presumed to have no temptation to take more ; but with such an indulgence as this, what would be the consequence to a planter of allowing his slaves to traffic in his produce ? briefly this, that they would save him the trouble of selling it. One would think it required great art to bring this forward as a charge of oppression ; yet we find even this rising in judgment against the colonists and condemning them ; for, says Mr. S. 'what a ' cruel remedy is this, and how revolting to every ' feeling of justice,' c. In another part of his work, our author con- demns the Act of the Leeward islands for permit- ting the masters to diminish the allowances of food which it directs to be given, one fifth during crop time, 'merely,' says he, 'because the slaves may ' then derive a little nutrition from the sugar canes, ' by sucking their raw juices.' p. 446. It would be charitable to suppose he did not know that they are not only permitted to suck the raw juices (which however they are very fond of), but to take as much of the boiled juice or syrup, as they please. What proportion of their allowances, where food is provided for them, may be rendered unneces- sary during crop time, by the ' nutrition' which they derive in this way from the sugar canes I do not know ; but I know that on plantations in Ja- maica, where the negroes have not only abundance the cultivation of the cane. 18 J of other food, but are weekly carrying their sur- plus plantains, yams, and edoes, to market, or, as I have frequently seen, allowing them to rot upon the trees for want of a market, so strong is their partiality for the boiled cane juice or syrup, that they use a very great quantity of it. It is no un- common thing, when they gather about the boiling house in the evening, to hear a negro say, as he takes hold of the sugar ladle to fill his calabash, ' this is to be my supper to-night.' Nor should I at all pity the man, of whatever colour, or in what- ever station, who had such a supper. A considerable quantity of Indian corn is raised among the young canes for the use of the planta- tion stock, and is planted and reaped at all sea- sons : when ripe, the negroes go through the field with baskets and gather the ears, and it may be worth notice, that on such occasions, to prevent their stealing, every negro is allowed to carry home the full of his basket for his pigs and poul- try. Such, at least, is the practice on the estates I am acquainted with. * In Jamaica," says Mr. S. " where there is ( much pasture land, the breeding of horses and 'mules is a source of agricultural profit to the ' planters : here, therefore, slaves were forbidden ' to own any horse, mare, mule, or gelding ; and < heavy penalties were imposed on any planter who ' might be disposed to encourage the industry of ' any head slave upon his pen, by permitting him ' to acquire such property.' p. 300. If the illiberal cause here assigned for not per- 182 Advantages the Negroes derive from mitting the slaves to own horses had been the true one, it certainly is passing strange that they should not have been forbidden to own cattle also, the rearing of which is so much more profitable than the rearing of horses, which in Jamaica are used only for the road, and not at all for agricultural pur- poses. It is far more probable, that the law had its origin in an idea that while horses were of less value to the slaves, there was danger in allowing them to possess them, as they might be made a bad use of in carrying communications to a dis- tance in time of insurrection. But whatever was the object contemplated by the law, its continu- ance in the statute book is now sufficiently absurd, when it is notorious that the slaves on many of the sugar estates keep both horses and cattle not covertly, but going at large in their master's pas- tures, along with his own stock ; and when in fact the young men going to Jamaica as book-keepers, generally purchase their riding horses or ponies from the more wealthy slaves. In noticing these facts, I cannot help recurring to Mr. Stephen's assertion, that the slavery in our colonies is a service without wages, that the poor negroes work solely for the advantage of their mas- ters, and derive no benefit to themselves from their labours. A West Indian proprietor allots a large portion of his estate to the support of his labour- ers, allows them time to cultivate it, provides theni with houses and clothing, supplies them with salt provisions to use with their vegetable food, takes care of them in sickness, and supports them in the cultivation of the cane. 183 old age : is this a service without wages ? yet in addition to these the regular wages given them for their labour, the perquisites or additional advan- tages they derive from it are both numerous and important. They partake freely of the rich juice of the cane during the process of manufacture. They are aided with the master's waggons and cattle in carrying their provisions to market. Such of them as hare horses, cattle, or asses, keep them at the master's expence. The numerous fruit- trees on the estate, of little value to the master, are turned to advantage by his people ; and it is chiefly with the canes and corn cultivated on his extensive fields, that they raise pigs and poultry, which they sell, as they do their surplus provisions and fruit, to procure other comforts. It should never be forgotten that it is the culti- vation of the cane, carried on by the skill and capi- tal of the white people and the labour of the black, which principally brings wealth into these islands, sugar being the staple commodity or manufacture by which all classes there are supported. From this source the slaves are provided for by their masters : hence also they are enabled to obtain additional comforts and enjoyments from the means it affords them of disposing to advantage of their surplus provisions, pigs, and poultry, to the people in business, and to the coasting and English shipping. Abolish this great staple, and the source of wealth is in a great measure lost to the slaves as well as to their masters. 184 Assembly of strange Slaves at night. charge which Mr. S. brings forward at night. under this section is, that ' slaves are punished for ' mere civil trespasses and trifling misdemeanors, 6 or for actions in their nature quite innocent, with 6 a severity that is reserved in England for petty * larceny and other infamous crimes.' p. 302. These offences, so unmercifully punished, are stated to be for '. drumming or dancing ; blowing of 6 horns ; assembling together for amusement in cer- ' tain numbers or at certain hours, demanding more 6 than certain regulated rates of wages for their ' labour as porters, boatmen, $c. 9 p. 303. I never heard of such regulations in Jamaica, nor can I find them in the consolidated slave law of that island. On the contrary I find (sect. 36th), that slaves are to have their diversions, and that although the master or manager of a plantation who permits assemblies of strange slaves at night, drumming, dancing, and blowing military horns, is punishable, the slaves are not. It is almost superfluous to observe, that the object here is to prevent disorderly or seditious assemblies, not in- nocent amusement. The colonists are further accused, however, of the heinous crime of preventing ignorant fanatic slaves from preaching or teaching other slaves, as Anabaptists or otherwise, and the attending nightly or ether private meetings, which the preamble to the law justly states, has been found productive of much injury to the slaves. In a note on this sub- ject our author adds, c The meetings intended to Assembly of strange Slaves at night. 185 f be restrained are those held for religious pur- * poses ; and the object was to check the mission- ' aries, by subjecting the poor hearers, as well as e the preacher, to severe punishments.' p. 303. One would almost be led to suppose that the ne- groes were locked up in their houses at night, or that there was a police establishment in every village to keep each family inside its own door, in order to prevent them from holding meet- ings of any kind. The truth, however, is, that when the work of the day is over, they retire to their houses, about seven o'clock, (except those who in crop time are required at the boiling- house,) and spend the evening visiting one an- other, or holding any kind of meetings they please, just as free from restraint or molesta- tion as the inhabitants of any village in England, provided they make no riotous noise to disturb or alarm the country. In the part of Jamaica where I resided, the slaves on some of the plantations have a religious meeting among themselves every Saturday night or oftener. I have more than once listened in a calm night near enough to hear what was said at such meetings. There was no kind of connection in the discourse, but the sentiments, as far as I could collect them, were good ; and the singing, perhaps the most attractive part of the service to a rude people, was excellent. Such meetings are never interrupted; but of the injurious consequences resulting from an unre- strained admission of fanatic preachers among- an 186 Assembly of strange Slaves at night. ignorant population, some idea may be formed from the occurrence related in the following para- graph, which I copy from the Kingston Gazette : Montego Bay, June llth, 1824. * A small degree of hubbub took place near this town on last Sun- day morning, occasioned by the baptism of sundry negroes, accord- ing to the forms of the Baptist or Anabaptist persuasion. In con- sequence of information being given to the sitting magistrates that the negroes above alluded to had been at the chapel the whole of Saturday night, and were taken out at two o'clock on Sunday morning to the river to be baptized, they sent for the minister, Mr. Burchell, to whom they related what they had heard. He stated, that the negroes wished to have remained in the chapel during the night, but that he had prevented them. It was true he had taken them out to the river at three o'clock in the morning, but his motive for doing so was to prevent the confusion which he was apprehensive would arise, if it were done during the day. The magistrates, however, were of opinion, that his licence only per- mitted him to preach or baptize from sun-rise to sun-set, and therefore expected he would conform to it. It appeared that many of the negroes alluded to had been previously christened ; that Mr. Burchell knew not to whom they belonged, or any thing about them. He was therefore restricted from baptizing any others, un- less authorized to do so by the persons under whose care they may be. It was also made to appear, that some of the negroes of this persuasion had already become such proficients as to be able to set up as independent preachers. Mr. Burchell undertook that if he could find out who they were, or where they held their meetings, he would expel them from his congregation, and inform the magis- trates of it ; so far may be probably very well. We had, however, a few weeks since occasion to remark on the variety of preachers that had in so very short time found their way into this parish, and expressed our fears that no benefit could arise from it ; but, on the contrary, we deprecated most seriously the evil tendency which we apprehended from the dissemination of such conflicting doctrines. Assembly of strange Slaves at night. 187 The evil now begins to appear : persons, who have been for years christened according to the forms of the church of England, are now rendered uneasy in their minds, because Mr. Burchell tells them they are not Christians, and cannot go to heaven, unless they undergo his form of baptism ; hundreds, therefore, who have been for years satisfied are now dissatisfied. The result will therefore be a disarrangement of the intellects of many, one or two instances of which have already appeared. We therefore call the atten- tion of the magistracy as well as the proprietors of negroes to the subject. It is one of much delicacy, but should, nevertheless, not be lost sight of.' But lest this, as coming from a colonist, may not satisfy Mr. Stephen that any evil consequences could arise from permitting ' ignorant and super- stitious or designing negroes' from making a trade of preaching to,, and teaching other negroes, I am glad to be able to quote an authority on the sub- ject not liable to the same objection : * Kingston, Jan. 16, 1823. ' NOTICE OF THE WESLEYAN MINISTERS, 'ASSEMBLED IN THEIR ANNUAL MEETING. ' Resolved, 1st. Whereas we, having learned that various per- sons, chiefly negroes, have been found about plantations and estates, calling themselves Methodist Teachers and Preachers, collecting slaves and others, under a pretence of teaching religion, performing marriage, and collecting money, without the knowledge or consent of proprietors, judge it to be of serious injury to the cause of true religion, and detrimental to the interest of the community. ' Resolved, 2d. That we feel it a duty we owe to our own character as ministers, and to the public at large, to make this open protestation against such irregularities, and to avow that we neither have, nor can have, according to the rules of our church, such persons connected with our body, and, whatever they may call themselves, we know nothing of them. 188 Attempt to murder by poison. ' Resolved, 3d. That the above be published for one month in the Royal Gazette, the St. Jago Gazette, the Cornwall Gazette, and the Cornwall Chronicle, and signed by the chairman and se- cretary of the meeting. ' JOHN SHIPMAN, Chairman. * ROBERT YOUNG, Secretary.' Obsolete Laws. Attempt to murder by poison. ' Fifthly ; (continues Mr. Stephens) many offences have been made capital by those laws when perpetrated by a slave, which, when the act of a freeman, are but petty larcenies, misdemeanors, or at most felonies within the benefit of clergy ; and in some in- stances, the negro is punished with death for actions which would subject a freeman to no punishment at all.' p. 303. This heavy charge against the colonists of the present day is proved by reference to some old and obsolete statutes of the Bahamas, Barbadoes, Bermuda, c. the dates of which, in general, are prudently withheld. No notice of Jamaica. 1 Sixthly. These humane lawgivers have further enlarged their sanguinary catalogue, by punishing the bare attempt or design to commit crimes as severely as the crimes themselves.' p. 304. Under this charge Mr. S. specifies ' the attempt to 6 steal, murder, rob, burn houses, set on fire sugar c canes, to poison free persons, &c.' and for proof that the attempt to do such things is felony, cites certain old laws in the margin, one of which (though brought forward to prove the present state of slavery in our colonies) he tells us ' he understands is repealed or suspended ;' and ' some c more of them/ says he, ' may have been repealed ' since 1788 ; but if so, I am ignorant of the fact/ Attempt to murder by poison. 189 p. 304. The charge, as respects Jamaica, is, that ' the attempt to poison free persons' is punishable with death ; for which he refers to the consolidated slave law of 1816, cap. 25, s. 52. True, by that law it is enacted, that a slave who shall mix poison with intent to give, or cause it to be given, c although death should not ensue c on the taking thereof,' shall, when duly convicted, suffer death. But it is not true that this punish- ment is limited, as Mr. S. says, to the case of an attempt to murder FREE persons. Now, as to the inhumanity of the law. By Lord Ellenborough's Act an assault with intent to kill is felony ; and we put it very confidently to the father of a family in this country to say, if a personal assault upon himself with intent to take his life, is not even a venial crime compared with that of the wretch who puts on his table a dish of deadly poison for his and his family's destruction, even if it providenti- ally happens to be discovered before the fatal pur- pose has been effected ? ' Of all species of deaths,' says Blackstone, e the most detestable is that of f poison, because it can of all others be the least ' prevented by manhood or forethought.' Yet Mr. Stephen thinks it most cruel that the colonial laws should condemn a poor slave for only attempt- ing to poison his master and family. As to what the learned gentleman says, that this penal law does not affect ' the white law- ( giver,' or ' the privileged class,' the reader should recollect that the slave law was made for the slaves 190 Obeah. only ; and if there had been occasion to make such a law for the free population, it would not have been done by a clause in the slave code. The danger to be guarded against was not from free persons ; but, though I am not a lawyer, as Mr. Stephen is, and must speak with diffidence on such matters, I am not aware that the slaves are in this particular put on a worse footing than free persons.* obeah. Another part of the slave law which Mr. Stephen disapproves of, is the punishment of obeah with death ; but he has not assigned his reasons for thinking that c it has been, for the most part, the ' ground of a fanciful though fatal imputation on ' the poor slaves.' p. 305. The deaths which the obeah-men occasioned by working on the imagina- tions of their superstitious countrymen, and by poison, certainly were not ( fanciful,' whatever their pretended supernatural powers might be. I was present, some years ago, at the trial of a no- torious obeah-man, driver on an estate in the parish of St. David, who, by the overwhelming influence he had acquired over the minds of his deluded vic- tims, and the more potent means he had at com- mand to accomplish his ends, had done great in- * By the 43d Geo. III. c. 58, it is enacted, that ' if any person shall wilfully * and maliciously administer to, or cause to be administered to, or taken by * any of his Majesty's subjects, any deadly poison with intent to murder, he, ' his counsellors, aiders, and abettors, shall be guilty of felony without benefit ' of clergy,' So the attempt to murder by poison, which, by the common law, was only a misdemeanor, is now made a capital crime. Christian's Notes to Blackstone's Commentaries, vol. iv. p. 196. Perjury how punish able. jury among the slaves on the property before it was discovered. One of the witnesses, a negro belonging to the same estate, was asked- Do you know the prisoner to be an obeah-man ?' < Ees, ' massa, shadow-catcher, true.' What do you ' mean by a shadow-catcher ?' ' Him ha coffin, 6 (a little coffin produced,) him set for catch dem 6 shadow.' e What shadow do you mean ?' ( When ' him set obeah for summary (somebody), him 6 catch dem shadow and dem go dead ;' and too surely they were soon dead, when he pretended to have caught their shadows, by whatever means it was effected. Two other causes, besides the law, have contributed to make this now a crime of much less frequent occurrence, the influence of Christianity, and the end put by the abolition to the importation of more African superstition. In a few years it will most likely be extinct ; meantime, it is quite in consistency with Mi- Stephen's course towards the colonists, at one time to accuse them of leaving their slaves in ignorance and barbarism, and at another, to charge, as an act of severe oppression, a law which is calculated to put an end to the most fatal and destructive of their superstitions. The constituting perjury a capital offence by Perjury how . punishable. the slave code is also represented as an act of cruelty, although the very principle that led to the enactment was humanity ; so widely do the minds of men differ in considering such matters. The law- 192 Perjury how punishable. t givers of Jamaica, well knowing how grossly ig- norant this class of people were, how little they could appreciate the solemnity of an oath, and anxious to protect innocent life, conceived it hu- mane to hold up every possible terror against false swearing and with this view made perjury a capi- tal crime. Between their opinion and Mr. Ste- phen's let the world judge. I am not aware, how- ever, that there has ever been a capital conviction under this law. The learned gentleman has re- versed the object of the statute with an ingenuity worthy of a special pleader, the evidence, says he, is to be hanged for swearing falsely to save the prisoner. In England, we are told, it has been deemed a defect in modern law that this offence is in no case punishable with death ; to prevent, we presume, the lives of prisoners being saved by false swearing. 6 Compassing or imagining the death of any white person' is another felony by the slave code, which attracts severe animadversion; and we can readily forgive Mr. S. here from a perfect convic- tion of his sincerity. It is altogether impossible he can think that a negro ought ever to suffer death for compassing or accomplishing the death of a ' petit 4 blanc.' The sneer of derision intended by the appellations ' white monarchs' and f white majesties," here applied to the English colonists, is in the li- beral spirit by which our author is distinguished. It must be confessed he is unrivalled in the art of calling names. Discretionary power of the Judges. 1 93 The section of the act which contains these words, ' compass or imagine the death of' any white ' person, and declare the same by some overt act, speaks of rebellion, murder, robbery, &c., and enacts, that a slave who shall be convicted of any of the crimes enumerated, 6 shall suffer death, trans- ' portation, or such other punishment as the court c shall think proper to direct, according to the na- ' ture and extent of the offence.' Does this neces- sarily imply ' that compassing or imagining the 6 death of a white person, shall, in every case, be f visited with a capital punishment?' Yet so by Mr. Stephen it is made to appear. * Seventhly. Slaves are liable still, I believe, by some of these Discretionary insular laws, as they certainly very recently were, to cruel and 5 u J|g es m affix- shocking punishments, unknown to the law of England, and equally JIIeiJT'how in- so, in respect of free persons, to that of the same colonies. In terpreted. capital cases, they have, in certain islands, been liable to, and cruelly put to death by, the most dreadful modes of execution/ p. 308. From the last part of this charge Jamaica is ex- pressly exempted, by such a direct law, indeed, as no sophistry could cast even suspicion upon, ' hanging by the neck shall in future be the only c mode of execution.' In affixing punishment to crimes, so much de- pends upon undefinable circumstances in the de- grees of atrocity, or otherwise, that some discre- tionary power must generally be left with the judges, to be used as they may see occasion ; such has been the case in all countries. That this dis- 1 94 Discretionary power of the Judges. cretionary power was granted, and is always used, for the purpose of mitigating the severity of the law, as circumstances may render just and expe- dient, scarcely need be observed; but Mr. Stephen, with his usual ingenuity and candour, reverses its object and application in the colonies, and upon this most palpable perversion founds a charge against the colonists of such horrible atrocity that one absolutely shudders at the perusal of it. c I ' have already,' says he, ' incidentally noticed acts ' of Barbadoes, St. Vincent's, Jamaica, and other e islands, by which slitting the nose, cutting off ' the ears and feet, and other dismemberments, 6 have been expressly directed or authorized, a ei- 6 ther as fixed or discretionary punishments, for * various crimes, and sometimes for petty misde- 6 meanors ; nay, even for actions in their nature in- ' nocent; and other instances of the same kind ' might be cited from the printed laws of our co- ' lonies ; though the more ordinary and prudent ' course has been to cover such barbarous intentions ' by general words; giving a discretionary power c to the justices of the peace, before whom the ( slave is convicted, to sentence him to death, or ( sucK other punishment as they shall think fit.' p. 308. Malice and calumny can go no further. The plain English of this is, the colonists dare not avow it ; but they slit open the noses, they cut out the tongues, they chop off the ears and the Character of the Colonists, 8$c. 195 feet, and the other members of their slaves, for mere pleasure, or f for actions in their nature per- fectly innocent'! Mr. S. makes this most un- christian accusation, knowing, as he must, that no laws, directing or authorizing mutilation or dis- memberment as a punishment, now exist in the colonies, and that mutilations are in fact as much unknown there as in England. To the best of my belief, there is not a single instance of a mutilated person to be found in Jamaica ; at all events, I have never seen nor heard of any such. I blush to think it should be necessary for me to say so in England. That instances of harsh ^punishment may some- times take place in the colonies, will be admitted ; but that there exists any general disposition to severity even, still less to cruelty, is certainly not true ; and when a whole class of men are thus represented as treating their fellow-creatures and humble dependants with an atrocity which the human heart is incapable of exercising even to the brute creation, prejudice, blind prejudice itself, sinks under a representation so utterly incredible. In reading such charges, we should hope that many would feel inclined to apply to the com- ^^f Mr * panions of their youth now in the colonies, the lines addressed to Warren Hastings by an old schoolfellow of his : 1 HASTINGS ! I kneiv thee young, and of a mind, While young, humane, conversable, and kind ; o 2 196 Character of the Colonists, 8$c. Nor can I well believe thee, gentle then, Now grown a villain, and the worst of men ; But rather some suspect, who have opprest And worried thee, as not themselves the best.' Cowper* It seems, indeed, to have occurred to Mr. Stephen himself, that there was some difficulty attending the belief, that educated and humane Englishmen should undergo a transmutation in the colonies as wonderful as that produced by the magician, ' whose pleasing poison The visage quite transform'd of him that drank Into the inglorious likeness of a beast/ But he is not staggered by the difficulty. He goes on to say : * The fault was highly aggravated in them by the liberal and merciful principles of jurisprudence which had been handed down to them by their ancestors, and by the national spirit of humanity, of which those principles are either the offspring or the parents. They had to vanquish early impressions and habits on the virtuous side, before they could reconcile themselves to such spectacles of horror as these opprobrious laws provided.' p. 315. Their early impressions and habits, he admits then, were on the side of virtue ; and they must have forgotten the lessons of their fathers ; they must have lost the characteristic manners of their country ; they must in fact have ceased to be Englishmen, before they could have imbibed such principles, or been guilty of such atrocious acts as he ascribes to them. To the impartial public they Trial of Slaves, 8gc. 197 may. like himself, appeal, and say, ' Fathers and 'fellow-countrymen, is this thing possible ?' . VII. Slaves are prosecuted and tried upon criminal Trial of Slaves accusations, in a manner grossly inconsistent with the humanity of English laws, and highly dangerous to the safety of the in- nocent/ p. 315. The following report of the proceedings of a slave court, taken from the Royal Gazette, Jamaica, will be the best comment on this asser- tion ; and will shew the reader in what manner the slaves are prosecuted and tried upon criminal accusations, without being guided either by Mr. Stephen's authority or mine : ' JAMAICA. * Monteyo Bay, May 2, 1823. 1 ST. JAMES'S QUARTER SESSIONS. * The Court of Quarter Sessions for this parish commenced on Tuesday last, before Samuel Vaughan, John Coates, Geo. Gordon, and John E. Payne, Esqrs. ***** At three o'clock the Court of Quarter Sessions was closed, and the Slave Court opened. The following trial took place : ' The KING v. BILLY, belonging to Childermas estate, for being an incorrigible run-away acquitted. ' The Court adjourned to Wednesday. ' On Wednesday, the Court met at nine o'clock, when the fol- lowing trials took place : * The KING v. NICHOLAS, belonging to Flamstead estate, the property of the heirs of Samuel Vaughan, Esq., deceased, for being an incorrigible run-away. He was found guilty; but being very young, the court, in hope of reclaiming him, sentenced him to twelve months' hard labour in the workhouse. Trial of Slnts etengtajtoABSMB* p(perty, an ia- corrigibfe rwat^way, was found guilty ; and being otherwise of bad r, he was sentenced to be transported for life. Mr. Yaughan ia the abore two negroes, did not ptefAie at thek Raring resumed his > 4 Robert, alias Robert M'Kellar, was put into the dock, barged with the murder o: which he pteftded Not insisting of the folio win- Join , Esq.; Join Hilton, Esq. : II. Gray M-Pherson, EB^ ; Charles Rofe, oghamr : J. TuUech, Esq. ; Thos. Watson, J. Meffiff^ ffafttt u^asoa; A. Dewar, dit: 4 TheindktmwAheiagwod, ' Bir. Grignoii inquired if the owner of Robert had been served jnded that there v.-as o necessity for a notice to the owner, it was a general gaol-delivery, and not a special ; but to sare trouble, no -reduced with ad- of semee by J. Stewart. Mr. GrigWMi took another and iiisisted the haadwridnc -,> wart should be proved, as it might be a forgery. W. P. Walker prowi tke hd- writing. the jury ia a Tery able and welt-arranged which he wa* iastructed be be ahfe to adduce; that tib evidence was altogether pre- - there was no one who saw him coanut Ae act ; but : "--.is >,-> co::r\e'e. :!:.:: :: !er: r - c :i:e But if :.on one, would completely establish the *ct Tke were then called. rdon sworn. Deposed to his having been called in. wi:h Mr. Downer, to where Mr. Mowat was lying ; he was not deal, hut no pulse was perceptftfe. Aft the * H^ o deceased appeared to have been torn, the AM o the ande upon criminal accusations. 19Qf rubbed, he thought he had been thrown from his horse, which he gave as his opinion to the coroner's inquest. * Mr. Thomas James Bernard sworn. Deposed to his finding Mr. Mowat lying speechless on the road, and the apparent indif- ference of Mr. Mowat's negroes. ' Thomas Cawley, carpenter on Anchovy Bottom estate, sworn. Saw the prisoner at the bar at Anchovy Bottom on the 25th February ; prisoner asked deponent to wind up his watch for him ; the watch is the same now in court. He knows it, having re- marked that the hour-hand was very close the dial-plate. Asked prisoner where he got it, who answered, that he purchased it for a doubloon and a half in Kingston. Wound it up, and gave it back to him. He said, of his own accord, that he had just come from Rock Pleasant (Mr. Mowat's place) ; he was not dead when he left it, but would be so by that time. ' R. F. Downer, Esq., sworn. He is uncle of the deceased. Knows the watch; it was Mr. Mowat's, and had been his father's. The seal was given to Mr. Mowat by his sister. Purse produced. Deposed as to the purse being Mr. M.'s, but would not be positive. Knife produced. Knows it to be Mr. Mowat's. * Hyacinth Cunniffe sworn. Is overseer of Cornwall estate. He deposed as to his apprehending Robert at Cornwall. Saw him with the watch ; put him in the stocks, and sent him in the even- ing to the workhouse. ' William Wiggan Ball sworn. Was present when prisoner came to the workhouse ; he had been there twice last year. He said to the prisoner, " Well, I see they have brought you back here " for your fun" (meaning tricks). Prisoner answered, " I can't help " it. I know what I have done now ; I shall be hanged for it." He told his father what the prisoner had said. * Catherine Campbell, the hothouse (hospital) woman at Corn- wall, having been examined as to her knowledge of the nature of an oath, gave satisfactory answers, and was sworn. Deposed that prisoner gave her the watch, and told her never to part with it, she must hide it, and never let any one know of it. When he was put into the stocks she offered him the watch back, but he would not take it. ' Fortune, who took the prisoner to the workhouse, 200 Trial of Slaves came back to Cornwall, and said they would not pay him for taking up prisoner unless she gave up the watch. She gave it up. Saw prisoner with the purse ; saw him tear it up, and put it into a hole ; while in the bilboes she took it up, and gave it with the watch to Mr. Crerar. * Mr. Downer called up by the Jury. " You stated that you were " with Dr. Gordon to view the body: Did it occur to you to look " for the watch ?" " It did; I looked for it immediately, and " missed it." ' Sydney, a negro belonging to Mr. Mowat. Saw the prisoner on the morning the accident happened to her master. Saw him with a hatchet in his hand ; said he had done the job, but did not know what job he meant. Says, prisoner had the impudence to say William Buchanan gave him the hatchet to do the job. * William Buchanan, belonging to Mr. M., says, he met prisoner on the morning of the accident. Saw him with the hatchet ; knew it to be his own. Does not know how the prisoner got it. Prisoner told him he had done the job, but that he had not chopped him ; he must never use the hatchet again. Took notice of prisoner's clothes ; his knee had blood on it, and was dirty. Prisoner was sweating; his frock was bloody. The hatchet produced is the same he had ; marks of blood upon the hatchet. Prisoner had Mr. M.'s watch at the time, and his purse. He did not ask him any questions, as he was afraid of him. As he knew he is of a very violent temper, he suspected he had been doing mischief to his master. * Stella, a negro belonging to Mr. Mowat, says, she heard Sidney and Flora talking to prisoner about their master over night. Heard prisoner, next morning, say that he had met with Mr. Mowat, whose horse was plaguing him ; that he asked prisoner to hold his horse. That prisoner asked him if he knew who he was talking. to last night ? Her master answered, Yes ! That then prisoner said he struck him with the hatchet ; that Mr. M. called out, i Do, my * good negro, don't kill me.' Ellen said, ' Aye, he will know now * who is his good negro/ 4 W. B. Walker sworn. Knife produced is the one he took from the prisoner. upon criminal accusations. 201 ' G. C. Ricketts sworn. Was present at the confession of the prisoner ; he was advised not to say any thing to criminate himself, but he persisted. The confession was taken down at the time. * Thomas Philpotts, Esq., sworn. Took down the confession of prisoner ; is in Mr. Philpotts' hand- writing. Advised him not to make it, as it might injure him, but could not be of any advantage to him at his trial. He persisted in confessing. * Case closed on the part of the crown. ' Mr. Grignon, in defence of the prisoner, commented on the evidence at great length, and quoted the maxim, that it is better for ninety-nine offenders to go unpunished than one innocent per- son to suifer. ' The court summed up the evidence as follows : * The court, in its charge, said, the law had been very ably laid down, and the evidence was very full and clear ; and nothing was left to the court but to make remarks and comparisons on certain parts of the evidence. ' There is no direct proof of Robert, or any person, having com- mitted the murder; and if he is guilty, the proof rested on circum- stantial evidence and his confession. ' The first consideration is, whether there were any predisposing causes to incline the prisoner to commit an act of violence on Mr. Mowat, and there were many very strong ones. That Mr. Mowat turned him off his property ; his violent temper ; his being acces- sary to a conspiracy which had existed among Mr. Mowat's negroes, and the appeal made to him ; and the unwilling- ness shown by Sidney, one of the conspirators, to give evi- dence, &c. * The next consideration is, what was the cause of Mr. Mowat's death ? The medical gentleman had supposed it may be the con- sequence of a fall from his horse, and his being dragged ; but he would not account precisely for the accumulation of blood in his neck, and for that which came from his body. Both, however, are clearly accounted for, and to have arisen from personal violence, by the prisoner's confession, which states that a blow with a hatchet was given on the back, and another on the side. It 202 Trial of Slaves stated also, Mr. Mowat was attached to the horse and dragged, to give the appearance of his death heing occasioned in that way. ' The last question is, whether the guilt of the act attaches to the prisoner? This is made probahle, and supported by his pos- sessing all his property, such as his pocket-book, watch, purse, and knife, and also the hatchet, which was the instrument of his death ; it is also supported by the blood and dirt on his clothes. * The court stated, that if there was a doubt of the evidence of Mr. Mowat's negroes, there was none in regard to the correctness of that from persons at Cornwall estate, from Mr. Ball, and of part of his confessions. 1 The court further stated, that Robert's confession must be viewed with indulgence; but it must be admitted to full credit, when corroborated by other evidence, which it was in most mate- rial points, while the object of the confession was evidently to throw guilt on another. That part stating the hiding of the hatchet is clearly false, and much against the prisoner. * The court gave it as their opinion, that the circumstantial evi- dence was conclusive, and that he was guilty of murder. ' The Jury, without leaving the box, returned a verdict of Guilty. ' The presiding judge then passed the following sentence : That the said negro-man slave, Robert, alias Robert M'Kellar, be taken from hence to the gaol from whence he came, and from thence to be taken to the place of execution, on the day and time to be ap- pointed by his Grace the Governor, and there be hanged by the neck until he be dead. * The trial lasted upwards of six hours, and a more patient in- vestigation could not have been had. We have seldom witnessed a more hardened villain than the prisoner; his situation seemed not to have made any impression on him, and he was laughing a considerable part of the time. He has, since his trial, made a full confession of his guilt, and accuses the greater part of Mr. Mowat's people as being accessary before the murder ; acknowledges he de- serves his fate, but it is hard to be hanged by himself, as they are equally guilty/ upon criminal accusations. 203 Let the reader, after perusing the above docu- ment, turn to Mr. Stephen : ' The proceedings against slaves in all cases, capital as well as others, are luholly by parol ; except that the warrant or mandate for execution is, I think, generally put in writing ; and except that when the slave is not in custody, and the master does not send him to be tried, an arrest warrant is granted.* p. 317. So absolutely unfounded is this, that in all capi- tal trials of slaves in Jamaica, the evidence and whole proceedings, not only must be put in writing, but a copy of them must) by laiv, (except in cases of rebellion,) be forwarded to the Governor; who, it is understood, submits them to the considera- tion of the Attorney- General, and afterwards grants warrant for execution, or commutes the sentence, as he may think proper. It may be asked, if any freeman of England could have the means of a fair trial better secured to him ? Yet, according to Mr. Stephen, - ' Slaves are prosecuted and tried upon criminal accusations in a manner grossly inconsistent with the humanity of English laws, and highly dangerous to the safety of the innocent ,' nay, ' the convicting and hanging a negro in the West Indies, is, in general, a matter of as little solemnity and circumspection, as the recovering a debt under forty shillings at a court of requests in this country ! ' p. 317. Having thus conjured up a case of fan'ciful and frightful oppression, he proceeds : * Great and obvious are the dangers which may arise to inno- cent men, from precipitate trials on loose verbal accusations, and from sentences which are not even reduced into writing before they are carried iritp effect. Yet in this loose and hazardous way 204 Trial of Slaves, S$c. i criminal justice administered in the British West Indies against the unfortunate negroes,' p. 318. Don Quixote attacking a windmill for a giant was nothing to this ! In the conclusion of this section, Mr. S. observes : ' It cannot reasonably be demanded, that I should adduce proofs of iniquitous consequences having actually resulted from these loose and summary proceedings. Where, not only the evidence, but the charge, and the conviction itself are unrecorded, and where no re- ports of trials at law arc published, it is obvious that a thousand innocent men might be convicted against law and evidence, and yet no proofs be attainable, by which a single case of that kind could be established on this side of the Atlantic.' p. 319. We cannot doubt that Mr. Stephen will feel greatly obliged to us for aiding him to a report, and that it will be a further satisfaction to him to be informed that such reports of trials at law are quite common in the Jamaica newspapers. How he happens, however, to be so fully acquainted with the work-house lists published in those pa- pers, and with all the severe laws now obsolete, and at the same time so ignorant of the common and every-day practice of the courts, is not a little surprising. But Mr. Stephen is a Christian, and whatever may be his zeal in the cause he advocates, has so often joined in fervent response to the sacred precept, ' Thou shall not bear false witness 6 against thy neighbour,' that there is difficulty in believing he would knowingly swerve from the truth, even to carry his point against the colo- nists ; more especially when we observe how he Protection of the Slaves. 205 speaks in his preface of f the infamy due to false 4 accusers.' * SECT. VIII. The slave, when prosecuted as a criminal, is de- Protection the prived of that protection which he might naturally derive from the^elf-inte-" the master's regard to self-interest, and is sometimes even pu- rest of their nished for his master's crimes.' p. 322. Under this extraordinary charge, the following is all that has reference to Jamaica: * When a slave is condemned to death by the civil magistrate, he is, previous to his execution, appraised, and the value, not ex- ceeding a limited sum, is allowed and paid to his owner, out of the public treasury of the island. The reason commonly given for this regulation, and which, I think, is recited in some of the acts that establish it, is, that masters, if not indemnified for the loss of their property,, would not give up their slaves to public justice, but rather assist them in escaping from it, when accused of capital crimes.' p. 323. This, Mr. S. admits, might often be found true, but attributes the evil to a defect in the criminal laws, when directed against white persons, which, in his opinion, might make the master's authority administer to, rather than oppose, that of the civil magistrate. In theory every thing is easy. No sooner is an J J J TIT evil discovered than a remedy is at hand. In owners of con- demned Slaves, practice, unfortunately, it is quite the reverse : we find ourselves called upon to decide a question beset with difficulties, and must be content with adopting that course which appears upon the whole to be the best. Here is exactly such a case. The 206 Indemnification to the island of Jamaica could have no inducement to tax its treasury with such a charge for condemned criminal slaves, were it not considered necessary for the public safety. To allow full value for them would be impolitic and inhumane, as giving the master less interest, not only in watching over the conduct of his slaves so as to prevent them from transgressing the law, but also in pro- tecting them when charged with having trans- gressed it. On the other hand, it is but reason- able that the person whose individual property is sacrificed to public justice, should have some com- pensation from the public ; otherwise, it is evident that self-interest, joined to a feeling of attach- ment to his servant, would, unless in very atro- cious cases, induce him rather to connive at the escape than aid in the detection of the culprit. Between these extremes, the legislature of Ja- maica has chosen a middle course. It authorizes the jury which tries a criminal slave, before leav- ing the box, to appraise him when condemned ; and in capital cases, the compensation may extend to 100/. currency ; in all others it is limited to 50/., although the negro may be worth three times that amount. Under these regulations, it is evident the master must always be a loser by the condemnation of his slave ; consequently will protect him on that account, as well as from a feeling of regard to one entirely dependant upon him, unless his conduct has been so notoriously bad as to have forfeited owners of condemned Slaves. 207 all those claims, and rendered it necessary to abandon him to public justice as an example to others. Such are the grounds upon which Mr. Stephen has founded his charge, that a slave, when prosecuted as a criminal, is deprived of that protection which he might naturally derive from his master's regard to self-interest. It is very true that, if no compensation was given for a con- demned criminal slave, the master would have a stronger interest in protecting him from the law and aiding in his escape ; but will Mr. S. say that society would be benefited ? that the negroes themselves would be benefited by such a course : I suspect not ; but then it forms no part of his object to give the fair interpretation of this or any other law. There is no other charge under this section that obsolete laws, how used by applies to Jamaica. To give it a proper seasoning Mr - s - f of the horrible, as usual, a barbarous law of Bar- badoes, passed in 1688, one hundred and thirty- six years ago, and confessedly long obsolete, is introduced ; and with sufficient ingenuity made to read so, that a person not particularly attentive or acquainted with the subject, would suppose he is reading of a law actually in force, and not in the little island of Barbadoes only, but in the whole of the British West India colonies. This, to be sure, is about as fair and reasonable as it would be to make the present administration of Great Britain the subject of obloquy, for the arbi* 208 : Old and obsolete laws. trary measures which the government was guilty of, and which led to the abdication of James II. much about the same time that this often-quoted act of Barbadoes was passed. Old and obso- ' SECT. IX. Concluding reflections on the subject of this chapter/ letelaws. p. o/o. Conscious of the just charge which would be brought against him for bringing forward old and obsolete laws in a treatise on the present state of slavery, it is amusing to see our author arguing the point with himself, as if he already heard the merited accusation : * Can, then, the obvious consequences be avoided by suggesting that the cruel and iniquitous laws which have been noticed are all of ancient date ; and that the laws themselves have been repealed ? I believe the fact to be, that in many of our colonies the greater part of the acts cited in this chapter still continue in force ; and there were many equally bad in Jamaica, which, though now re- pealed, were in force so recently as 1787 : and then reprinted in the island as existing laws, after a temporary suspension. Nor is it true that they are all of an early date,' &c. p. 331. . National hu- A question is here started by Mr. Stephen, whe- inanity of Eng- t J ' or uo ^ ^ ie h uman ity f our national manners be of so old a date as the settlement of our West India islands ; in discussing which question, a consi- deration seems never to have occurred to him, which is surely very important that our ancestors, and even our grandfathers and fathers, made laws for a different state of society from that now existing. When those sanguinary laws were passed, it should Slaves in Jamaica kindly treated. 20 be recollected that the colonies were inundated with hordes of Africans, inured to blood in their own country, and that a mere handful of white people had to keep them in subjection. Self- defence is the first law of nature, and the laws of that period can be judged of only by a competent knowledge of the state of society for which they were made, and what that was, Mr. S., I presume, is as ignorant as myself. With sufficient inge- nuity, however, he makes those obsolete and (as to us they appear) cruel laws a double-edged tool to cut at the past and the present ; he brings them forward a century and a half to condemn us ; he carries back the present meliorated state of so- ciety, and they condemn our forefathers. In a violent philippic against the Assemblies, the learned gentleman incidentally mentions that they are elected annually, p. 331. This harmless error, with his ignorance of the reports of crimi- nal trials, may enable the reader to judge what credit is due to a man so well informed on colonial matters. What would be thought in England of a French author, who, abusing the British nation and its parliament, should put it in his book that the parliament, being annually elected, may be considered ' a fair mirror,' in which the worth- less and depraved character of the people may be seen? Having 1 now arrived at the conclusion of this slaves in ja- inaica kindly chapter, in which misrepresentation and calumny {' ated and 210 Slaves in Jamaica kindly treated. have been carried to lengths, which no man could have dared to have done, but from an idea that, the subject being so little known, any thing he might say upon it, however fabulous, would be believed ; I turn with pleasure from such a horrid but happily unfounded picture of savage oppression, satiating itself with flagellations, mutilations, and innocent blood, to view Jamaica, not as Mr. Stephen has depicted it, but as my own eyes have seen it. Slavery, like every human institution, has a fair side as well as a dark, and to form a just estimate of it must be viewed on both must be viewed in its enjoyments as well as in its hardships. Every master must resist he must punish the crimes of his slaves ; but these, happily, are not of frequent occurrence ; and, as the performance of this duty is in the last degree painful, (for what can be more so than the cries of a wretch suffering under pu- nishment, however great may have been his crime?) is it to be believed that he will seek occasions for it, or not rather that he will pass it over, unless in cases where really necessary for the good of the culprit himself, and as an example to others. Authority must be upheld discipline must be maintained and I will concede that there may be occasional acts of unjustifiable severity ; but there are cases also where slaves are injured by weak and ill-timed lenity on the part of masters, threatening and forgiving, forgiving and threaten- ing, till such vicious and destructive habits are ac- Slaves in Jamaica kindly treated. 211 quired as prove in the end fully as injurious to the slaves as to their master. Among the ignorant in this country a very general idea prevails, that an European residing in the colonies will become black ; a scarcely less absurd idea prevails among their betters, that he will become a brute in dispo- sition. The truth, however, is, that Englishmen in the colonies are much the same as Englishmen at home * Coelum, non animum mutant qui trans mare currant/ and, in the exercise of their authority over the negroes, speaking generally, there is no improper harshness or severity. Is it to be believed, that on the plantations of Jamaica, one white man could maintain authority over fifty black, if there existed any thing like that kind of oppression and cruelty which has been most falsely represented ? Not a living creature exists but will resist if driven to desperation. I repeat it, the master must pu- nish when punishment is required ; but is he to be viewed only in the performance of this painful but necessary part of his duty ? Assuredly not ; fol- low him in his usual avocations, and you will re- gard him rather as the father of a family ; you will see him attending to the comforts and the wants of his people, with a degree of kindness and solicitude, which it would be vain and unreasonable in Eng- lish labourers to expect from masters, who have no farther interest in their welfare than the ser- vices of the passing day. You will see him in p 2 212 Slaves In Jamaica kindly treated. an evening taking a walk among the houses of his people, gratified to see them seated at their cheer- ful firesides, while a good supper (a chief meal with them) is preparing. On negro- days you will see him visiting them at their little farms, where each family is engaged by itself in its own concerns ; the father and his elder children planting edoes, corn, or yams, or disencumbering the rich plantain and banana trees of their superabundant leaves, while the mother and young ones are roasting plantains under the shade of a tree. Let a stranger but visit such a scene ; let him contemplate the abundance they possess ; see their laughing faces, and listen to their careless song, under the sunshine of a perpetual summer, and say if these are the people who, amidst the whole race of mankind, stand most in need of his commiseration ; or let him witness, as the writer has often done, a group of little negro children running to meet their master on his return home after a few days' absence, clinging to the skirts of his coat ; and vociferating the endearing expression Tata come, Tata come, and say if here, of all places on earth, there is a want of sympathy be- tween the master and servants. That they are ignorant is true, but they possess many virtues, especially kindness to one another, from which more civilized life might take a useful lesson. They are slaves, but this happily gives them no concern, as they have never known any other con- dition. Strangers to hunger and cold, (the scourges Remarks on the Registry Bill. 213 of the poor in England,) and equally so to the cares and anxieties which often perplex their mas- ters, they are thoughtless, contented, and happy.* * CHAPTER VI. On this state of slavery in respect of its com- mencement and dissolution.' p. 334. ' SECT. I. Reasons for this branch of the inquiry. * II. Of the sources from which slavery may originate. * III. Of penal slavery, or the state of servile convicts.' p. 337. The two first of these sections are of a general Remarks on . ' the Registry nature, and, having no particular reference to the Bill West Indies, may be passed over. The third * Mr. Dallas, of Jamaica, must have seen and felt this when he wrote the following verses so truly descriptive of the negro : What are the joys of white man here ? What are his pleasures? say; Me want no joys, no ill me fear, But on my bonja play. Me sing all day, me sleep all night, Me hab no care, my heart is light ; Me tiuk not what to-morrow bring, Me happy, so me sing. But white man's joys are not like mine, Dho' he look smart and gay; He proud, he jealous, haughty, fine, While I my bonja play. He sleep all day, he wake all night, He full of care, his heart no light ; He great deal want, he little get, He sorry, so he fret. Me envy not dhe white man dhen, Me poor but me is gay; Me glad at heart, me happy when Me on my bonja play. Me sing all day, me sleep all night, Me hab no care, my heart is light; Me link not what to-morrow bring, Me happy, so me sing. 214 Colonial and Roman slavery. is principally occupied with an elaborate argu- ment against a report of the Jamaica Assem- bly in 1815, when the colonies were threatened with a registry law by the British parliament, or rather by the African Institution through parlia- ment. The agitation of this question was preced- ed by a manifesto from Mr. Stephen, under the title of Reasons for Registry, exceeding in abuse of the colonists any thing that had previously is- sued from the press, already groaning under re- ports of the African Institution and two-penny pamphlets on the oppression of the negroes. Yet the measure failed, and as there was, perhaps, next to the insurrection at Barbadoes, nothing that aided more in defeating this project of parlia- mentary interference with the internal affairs of the colonies (and the placing them, in fact, in the grasp of a hostile faction) than the able report transmitted from Jamaica, and laid before parlia- ment, we can be at no loss to account for the spe- cial hostility it excited on the part of the anti- colonists.* cobmaUmi Against a charge by Mr. Stephen, in his Rea- very. sons for jRegistry, that the British colonial slavery exceeded in cruelty and oppression any thing ever * This excellent report was drawn up by the late Mr. John Shand, to whom Jamaica was greatly indebted on that trying occasion, as on many others ; he had the merit of introducing into the House of Assembly the meliorated Slave Code of 1816, so frequently referred to ; and previously, a bill for extend- ing important privileges to the free coloured population, a measure of sound and liberal policy, reflecting the more honour on Mr. Shand, as there existed a strong prejudice against such concessions. Colonial and Roman slavery, 215 known in the world, this report instanced the slavery of the Romans as incomparably more cruel and oppressive. Mr. S. labours this point very hard., and through the whole of his ponderous volume palliates and justifies the Roman, while he exaggerates the severity of the British West India slave laws. Into these comparisons it has been no part of my purpose to enter, as leading into too great detail ; but the following description of Ro- man slavery, from the pen of its defender, is so much in point, and marks so strongly the differ- ence between the two states, Roman and Colonial slavery, that I cannot resist giving it a place. 1 In analogy to the inflictions by the public magistrate, the "pa- terfamilias, or lord of the Roman household,' (in the West Indies the slave-master?) ' who l\a.d judicial authority,' (in the West In- dies, despotic poiver,) l over his slaves and children, even to the ex- tent of capital punishments, established his ergastulum, a domestic prison and workhouse, and condemned his criminal slaves' (in the West Indies, victims of oppression) l to such periods of confine- ment and penal labour in it as their offences seemed to him to de- serve ; adding, in heinous cases, stripes, or severer corporal punish- ments, and even death itself. On his domains in the country, the ergastuli were brought out in the daytime to their rural la- bours ; but, to denote their correctional state, and to prevent their escape, they oflen wore chains or gyves on their legs.' p. 341 . Thus we see, on the authority of Mr. Stephen himself, that ' the lord of the Roman household' had an absolute and uncontrolled power over his slave ; could punish him to any extent ; work him in chains ; even put him to death. The power of the master in our islands is limited to the infliction 16 Workhouses. of thirty-nine stripes ; yet see how this impar- tial commentator can palliate when palliations will serve his purpose. If the Roman slave-master punished his slave, it was ' often, no doubt/ we are told, ' for offences which the civil magistrate would otherwise have taken notice of, and punished with death or the mines.' p. 341. Does Mr. S. not know that a West India master also often satisfies himself with the comparatively lenient punishment (which he can inflict) of thirty-nine stripes for a crime that would, if brought before the civil ma- gistrate, subject the culprit to death, or send him to the Spanish mines ? Oh, no ! I had forgot, that blood-thirsty Englishmen in the colonies slit open the noses, cut off the ears, the feet, the hands, and other members of their slaves for ( petty mis- demeanors nay, even for actions in their nature innocent ! ' Mr. Stephen is obliged to admit that there was a great number of chained labourers in Italy, but insists that they were the convicts of the public or domestic tribunals, p. 345. ' Domestic tribunals' is another of those fine phrases so tenderly and courteously appropriated to ' the lords of the Ro- man households.' In the West Indies, it would have been slave-owners, or ' petty despots.' The domestic tribunals of Jamaica, however., possess no such despotic powers, as Mr. Stephen well knows. Workhouses, From this he passes to the West India work- houses : fPorJchouses* 217 * Jamaica,' says he, ' if I mistake not, was the first of the British colonies that adopted these terrible slave-prisons, caUed work- houses, and the public or parochial slave-chains, which thirty years ago were unknown in the Leeward Islands, and, as I believe, in all the Windward Islands we then possessed ; but now the bad ex- ample has been followed at Antigua, St. Christopher, Grenada, Dominica, and Tobago, and perhaps in our other colonies. Their having been so long dispensed with in most of our islands is a pretty satisfactory proof that they cannot any where be necessary/ p. 354. According to our author's usual custom, this is placing before the British public one side of the question, and keeping the other in the shade. Who would not rather that such establishments were abolished if they could be dispensed with ? Not the colonists surely, to whom they are so heavy a burthen. Unfortunately, there is another point to be considered, upon which we shall be glad to have Mr. Stephen's counsel: what is to be done with the criminals ? He has said that thirty years ago workhouses were unknown in the Leeward Islands, but he has not said if crime was happily then unknown also, or how the criminals were disposed of ; a very essential piece of information one would think to enable a man of sober reason to form an opinion, whether those establishments were injurious or beneficial to the wretches condemned to them. If hard labour is be- tween them and death or banishment to the Spanish mines, it is surely the most merciful of the three. But it is enough for Mr. S. if a prejudice can be excited against the colonists, by depicting and commiserating all the hardships incident not only 218 Branding of Slaves. to slavery, but even to crime itself, from the pu- nishment of which it would seem that negroes ought alone in the world to be exempted. Branding of The next charge is the practice which once existed of marking newly-imported Africans, of course now obsolete, but not likely to be soon obsolete as a weapon against the colonists. Among all the various means made use of to prejudice the minds of the British public against their countrymen in the colonies, perhaps there is none where misrepresentation has been carried farther than with regard to this practice. Grant- ing that it had its origin in self-interest, humanity was also promoted by it ; a newly-imported Afri- can occasionally wandered away and lost himself, or was seduced away by others ; and when taken up and committed, as frequently happened, to some distant workhouse, being of course unable to speak English, he could give no account of himself by which it was possible for his master to identify him in a public advertisement ; and the consequence was, not only his loss to the owner, but, which was more important to humanity, it separated him for ever from his shipmates and friends, and from a permanent and comfortable home on a plantation, and placed him in the pos- session of one of those low characters who are most commonly the purchasers of workhouse slaves. Such is the origin of a practice which has been Branding of Slaves. 219 represented as a flagrant outrage of humanity. The manner of affixing the mark was simply this : the place chosen (generally the back of the shoul- der) was touched with olive oil ; the initial letters, formed of silver upon a plate about the size of the head of a silver pencil or small seal, were then heated with spirits of wine,, and the slightest possible touch of these upon the oil left the form of the letters without injuring the skin. All was the work of a moment, and produced no more pain than the prick of a pin or the bite of a leech. Yet this has been called branding the slaves with red-hot irons, like cattle ! Nor has the charge been limited to the fact, that newly-imported Afri- cans only were thus marked ; it has been obstinately maintained in the face of truth that the practice is universal. The native, or Creole negroes of Jamaica are not, and never were marked, with the exception of such incorrigible wandering vagrants as it is im- possible to keep at home. The number of these is small ; but I admit that I consider it a defect in the laws, which I hope will be soon remedied, that even the marking of these should now be per- mitted unless by order of a court. Arguing from the workhouse lists, we see it stoutly maintained in the English prints, that ' branding with a red- hot iron' is customary, nay universal; and if the slaves in workhouses were a fair criterion, the in- ference no doubt would be, that the majority are marked ; but to form a conclusion concerning the 220 Branding of Slaves. whole negro population from those in the work- houses, is just as absurd as it would be to judge of the people of England from those in the houses of correction . There is another view Mr. Stephen takes of the now obsolete practice of marking Africans : ' The ( reproach of it,' says he, ( consists not so much ' in the pain of branding, which, though not in- ' considerable, may be brief, as in the coarse and ( contemptuous affront thus offered to the sacred ' human form, by stamping upon it an unsightly ' and indelible record of a degraded and igno- * minious condition.' p. 349. On this it is only necessary to observe, that it was done under no imputation of crime, and there- fore attached no disgrace. The ' sacred form' of the African had already been degraded by such an unsightly and indelible record of his savage con- dition, that it would require 110 small stretch of credulity to believe that he could feel particularly tender of this very slight additional mark on his already tattooed skin. In truth he had no such feelings. The case is now altered : bad characters only are marked ; and it is consequently felt as a degradation. In some notes to this section, Mr. Stephen cen- sures the Jamaica Assembly for fallaciously hold- ing out the treatment of the ergastull (or work- house-slaves) ' as a picture of Roman slavery in ( general ;' and with admirable consistency, in the very next page, holds out the treatment of the Sources of Slavery, 8$c. 221 workhouse-slaves in Jamaica as a picture of West India slavery in general, pp. 348, 349. * SECT. IV. Sources of private Slavery, properly so called/ Sources of Sla- ,,rn very, and ille- P' J0t5 ' gal importa- T .1 . .. . , tion of Slaves. In this section, our author presumes that the Polish peasant may now leave the estate, though born in servitude upon it : lays it down as certain that the slavery which formerly existed in England ' had but ONE source, the immemorial servile ' condition of all the paternal ancestors ;' yet forthwith speaks of another source, ' the villein's ' confession in a court of record/ Next comes 6 the mild species of slavery' which exists in Hin- dostan, and \\s\sjifteen different sources ; then the slavery of the African hordes very learnedly treated ; Mr. Park accused of inaccuracy ; and cases stated, in which ' it is very doubtful whether ' the law of Africa is not misconceived and abused/ Very likely ; and we shall not waste the reader's time with a discussion of presumptions, surmises, and conjectures. The importance of having a registry of slaves established in the colonies by act of parliament, is next enlarged on ; and those acts which the Assemblies have passed for the purpose, are repre- sented as ineffectual. The object contemplated by registration was to put an end to the illegal importation of Africans, with which, among the many false accusations brought against them, the colonists were charged ; 222 Sources of Slavery, $c. and the legislature of Jamaica., contrary to its own better judgment, was prevailed upon, at the earnest desire of government and the friends of the colony in England, and under a promise of no further interference, to pass a law for having the slaves registered every third year. This law costs the island, triennially, the sum of 10,OOQ/., besides a great deal of trouble, especially to the coloured class. They have first to go to the Re- gistry Office (often at a considerable distance) to procure a printed form ; then to some white per- son to fill it up for them ; then to a magistrate to swear to it ; and, lastly, they must carry it back to the Parish Registry Office to be recorded : and if there happens to be any informality, as is not uncommon, all this is to do over again. And for what purpose was all this expense and trouble incurred ? To abolish an evil which had no ex- istence ! Scarcely ten years have elapsed since the indignation of the country was loud and vehe- ment against the colonies for this alleged violation of the abolition-law. Now we do not hear a word on the subject; the falsehood of the charge has become so notorious, that even the Edin- burgh Review has, in a late Number, been obliged to confess it.* Let it be hoped that time will dispel many of the other prejudices * Who doubts the uctivity of individuals in this country, were the constituted authorities to slumber? Yet what instances of slave-trading have been brought to light ? One outlawry and two convictions, we believe, are all that have been tried in England since the traffic was n.ade a felony ; and no one has ever pretended that the act of 18U is evaded, No, 81, p, 201, Sources of Slavery. 223 against the English colonists which are equally unfounded. It has been stated., as one of the good effects of the registry law, that it has increased the revenue of Jamaica. True, it has compelled a great number of poor people,, principally of colour, who own a few slaves, to make returns of them to the parish vestries, which they previously did not, and has thus subjected them to the poll-tax. But what proportion does the increase of revenue, thus acquired, bear to the total expense of re- gistration ? r ' SECT. V. Of the sources of Slavery in the British colonies.* Sources of p. 364. Slavery ' After tracing English slavery or villeinage to its source, ( the immemorial servile condition of 6 all the paternal ancestors ; ' after expatiating on the origin of this state in Europe, Asia, and the unexplored regions of Africa, our author passes to the origin of slavery in the British colonies, and repeats what he has again and again stated, that no act of assembly has expressly declared in what manner slavery shall originate. Neither has he told us of any act of parliament in England, by which it was declared that villeinage should ori- ginate e from the immemorial servile condition of ' all the paternal ancestors ;' or, indeed, of an act of the legislature of any country, declaring how this state should originate ; yet surely such an act must have been more necessary in countries where 224 The Colonists falsely accused slavery did originate, than in Jamaica, where it exists it is true, but never did, and neveY can, originate. There, as in other places, the state is hereditary, and passes to the descendants of Afri- can slaves ; but there is no law by which a free- man, whether white, black, or brown, can possibly be made a slave. The original stock, it is well known, had been purchased in Africa by English merchants, and were by them carried to the colonies and sold. But the blame, it seems, is due to the colonists (always the greatest offenders) for not ascertaining that the African title was good. A court of equity established in a Guinea-yard in the West Indies, to hear and decide on the titles to the slaves brought in, would certainly have been a novelty in judicature, from the variety of tongues in which the proceedings must necessarily have been carried on, and from the circumstance that every question at issue must have been decided by the evidence of the parties themselves, the English ship-master and his cargo ; and even if all these difficulties could have been overcome, would England have acknowledged the right of a Charibbean island to exclude commodities, which, according to her laws, were legal ? are e faiseiy a?- As alread y mentioned, no act of assembly is to ^e found in any of the colonies, by which a free to man can be made a slave. But Mr. S. tells us, that 'without any act of assembly, usage and of reducing free persons to slavery. 225 c popular opinion, received in the colonial courts f as law,, have established these comprehensive ' maxims : that no white person can, by any means ' whatever, be reduced to slavery ; and that every ' man, woman, and child, whose skin is black, or ( whose mother, grandmother, or great-grand- ( mother, was of that complexion, shall be pre- ( ' sumed to be a slave, unless the contrary can be < proved.' p. 364. It is true, no white person can, by any means whatever, be reduced to slavery in Jamaica ; no free person, whether white, black, or brown, can be reduced to slavery. But there is a slight dis- tinction, for as there never was a white slave in Jamaica, there cannot well be a presumption against an unknown white person that he is a run- away slave, however liable a black vagrant may be to such a suspicion.* He adds, ' that by various acts of assembly in different islands, unknown negroes and mulattoes, and persons of that unfortunate race who have committed or are suspected of any offence against the police, are liable to be apprehended and kept in gaol, without even the warrant of a magistrate ; and unless they are claimed within a limited time by some owner, who can prove them to be his property, or they themselves can produce legal evidence of their freedom, they are publicly sold by the Provost Marshal, whose bill * ( How unjust, how abominable, that men should be kept in bondage merely on account of their colour ! ' is the cry of many ignorant persons, as if the Africans had been slaves in their own country because they were black ; as if the trade in African slaves had been encouraged by parliament because they were black ; or the colonists had ever had white slaves, and had emanci- pated these while they kept the negro in bondage, because lie was black. As" well might they say that Englishmen are free, because they are white ; or that they are more civilized and refined than the Africans, because they are white, Q 226 The Colonists falsely accused of sale is a valid and unimpeachable title.' p. 368. ' And that free negroes are in fact often deprived of their liberty by proceed- ings under these unjust and tyrannical laws, there is abundant reason to believe. 1 p. 369. The laws thus misrepresented are certain police regulations, necessary to protect property and preserve the peace of the country, as I shall pre- sently shew ; but I would first propose to Mr. S. the following questions : If there exists among the English colonists such a disposition to reduce to slavery every man, woman, and child, with a black or coloured skin, who are one and all the offspring of slaves, how did these people ever happen to be free ? If they or their parents were, without any compulsory law, emancipated by the whites, is it credible that, while the whites were thus emancipating them on the one hand, they were wrongfully enslaving them on the other ? Let our author explain this inconsistency ; let him also account for the fact no less at variance with his assertions, that the number of free per- sons of colour in the island, stated by B. Edwards, in 1788, at 10,000, has now increased, as appears from Stewart's View of Jamaica, pub- lished in 1823, to 35,000, and, I believe, to nearer 40,000. These facts certainly do not appear to accord with the charge against the colonists ; but perhaps they will explain the reason why in support of it Mr. S. and his friends do not adduce a single case of a free person having been reduced to slavery in of reducing free persons to slavery. 227 the colonies, and are obliged to let the accusation rest on, ' there is abundant reason to believe.'* In an island like Jamaica, containing 320,000 slaves, it is very evident there will be criminals, and, as in all other communities (not excepting England itself,) a number of indolent, profligate, and improvident beings, who, if they can help it, will do nothing either for themselves or for others. Slaves of this description are of course prone to desertion ; and the extent of uncultivated country, and means of supporting themselves in it, are * I had formerly occasion to mention an idea entertained by the African negroes, that false swearing may bring some disease or temporal calamity upon them, but that their having a broken rial in their mouth, when giving evidence, is a charm to prevent it ; and I cannot help noticing here that, as human nature is every where pretty much the same, there exists a practice very similar to this iu our own country, where some persons have a way of advancing the most unwarranted charges against tlio.se they wish to injure, only using the precau- tion to have an I t/tink, or If Mr, in their mouth, as a salvo or broken rial. Thus our author, speaking of the black troops disbanded in the West Indies, says, 'They have been taken up and sent to prison as rim-away slaves, and * have been sold, I FEAR, in many cases, upon the presumption of law arising ' from their colour, because they could not, within the short time limited by ' those laws, make proof of their freedom.' p. 427. It is easy to recognise the broken rial here; and an attentive reader of the work from which the quotation is taken, cannot fail to observe other instances of the use of it, and that it is a figure admirably calculated to serve the purposes of such an author. The next sol distint ' friend of humanity,' or ' advocate of the slaves,' quotes the assertion, forgetting or omitting the rial, which, in- deed, many careless readers will overlook. Thus the lie gets into circulation, and the purpose of its author is attained. Mr. S. complains, in his Preface, of certain calumnies touching himself and his son ; and it is not unamusing to see how vehemently indignant a man who is so liberal of abuse to others can be, iV but a hair of his own head is touched. Regarding those accusations it is not my wish to say more or less. I am willing to believe they are calumnies till I see proof to the contrary ; but granting they are, might not an enemy, who chose to use the weapons with which our author assails the colonists, thus express himself : ' Mr. Stephen's ' zeal for the system of slave-registration Was, I fear, a mere cloak for selfish ' ends. He succeeded in getting his son into a lucrative situation ; and that he ' has seduced him into official perfidy, in betraying the secrets of the colonial * office, there is abundant reason to believe' ? Q 2 228 The Colonists falsely accused such, that they could never be recovered by their masters, but that they become weary of living in this wandering way of life, and return home ; or, as more frequently happens, seek an intercourse with the negroes on some distant plantation, by whom in the end they are apprehended and carried to the nearest workhouse. It is with such characters that the workhouses are filled, crimi- nal slaves, or such as have fled to escape the punishment of some crime they have committed, and are apprehended as run-away s where they are unknown ; and the more numerous class of idle vagrants, who, with no disposition to work or to support themselves by their own labour, prey on the industry of others, like the vagrant paupers of England with this difference, that the former sup- port themselves wholly by plunder, while the latter, under a stricter police, and where provisions are not so easily got at, must generally be satisfied with what is given them. Now here is an evil, not of a temporary nature, but which will last, in a greater or less degree, until not only crimes, but all the minor vices of indolence, drunkenness, &c., shall cease among mankind. When that happy era shall arrive, then, indeed, Mr. Stephen's theory may be safely ap- plied to practice ; no workhouses will be required in Jamaica, nor houses of correction in England ; and there will be no sales of workhouse-slaves. But what is to be done in the meantime ? What other system of police for a society so constituted of reducing free persons to slavery. 229 can he, or any of his friends, suggest, that will better preserve the peace of the country > better support the just rights of property, or more effectually promote the best interests of the com- munity ? Suppose a slave of the above description deserts his master, and proceeds to a district a hundred or even fifty miles distant, where, assuming a new name, he pretends to be free, it is evident there is nothing but the laws in question to prevent him from carrying his point : if apprehended, the chances are, that neither the superintendent of the workhouse, nor any person in it, can detect the falsehood from a personal knowledge of him ; nor is there any greater probability that the distant master can, from the false name given in the ad- vertisement, discover his slave and claim him. Be it also remembered, that in this way not only fugitive slaves, or vagrants, but criminals who had fled to escape the punishment of the worst crimes, would effect their freedom, while the faithful servant would remain in bondage. Whether this is Mr. Stephen's object, whether he wishes to give encouragement and protection to vice and crime, or if he errs through ignorance, it is the same thing to the colonists, to whom the result of his laws, however intended, would be destruc- tion. It may, perhaps, be a question, whether slavery should be suffered to exist in the colonies, or put an end to at once by giving a fair compen- sation to the colonists ; but surely no one will say 230 The Colonists falsely accused that this is the way in which we ought to get quit of it. While the system exists, the law, if its object is to protect property, must surely be framed to keep as slaves those who are slaves, till legitimately freed. That it docs more, is not proved, nor attempted to be proved. It is indeed alleged, that c there is abundant reason to believe ' it does more ; but where this abundant reason to believe is to be found, we are not told ; and if the evil Sid exist, it certainly is not a little extra- ordinary that it never should have been complained of by the free people of colour themselves. In a society so constituted, it is manifest the law must necessarily take cognizance, not only of all known run- away slaves, or such vagrants as acknowledge themselves to be slaves, but also of all suspicious-looking unknown negroes who can- not give an account of themselves. Arid to say that such ought not to be sold, is, in other words, to say, that a slave should only have to run away from his master, and be free ; which, though some in England might think it highly proper (their own interest not being concerned,) cannot well be the law in Jamaica, or in any other country M r here slavery is established. ' A considerable number of the negroes advertised,' says Mr. S., * will be found to have no known masters, and to allege that they are free persons ; and yet the advertisements state that they are to be sold at an early period, unless claimed by an owner, or proved by sufficient evidence to be free.' p. 369. To have no known master, and to be free, are of reducing free persons to slavery. 231 pretences occasionally set up by the more artful ; but any one who will take the trouble to look at the lists published, will see that but a very incon- siderable number of the negroes advertised ever pretend to be free. The ' early period' at which they may be sold is four months from the date of their committal. Now as to the difficulty of producing evidence of freedom. In the first place, all manumission deeds are recorded, and the person manumised has a certificate of it, or can procure one from the record at any time when wanted. Secondly, every one born free is baptized, and has his or her name recorded as a free person in the parochial regis- ters ; consequently, in either case, there can be no difficulty in procuring* even ' documentary ' evidence' of freedom, if such were necessary, which in practice it is not ; for to shew by re- ference to any respectable person that he has been known as but reputedly free, is always suf- ficient to save a negro from being committed to a workhouse as a slave, or to liberate him from it if he has been committed. If, therefore, any free negro or mulatto, going to a part of the country where he is unknown, should, by any improper conduct, bring suspicion on himself, and be ap- prehended, and committed to a gaol or workhouse, and if he has no testimonial of his freedom to exhibit, can there be any difficulty in procuring, within four months, a certificate of his freedom from the Record Office or the parochial register, 232 The Colonists falsely accused or the testimony or letter of some respectable person, stating that he has known him as reputedly free? In these circumstances where is the danger, or indeed the possibility, of a free person being re- duced to slavery? and let Mr. Stephen explain what benefit would result to the white people from it, as I cannot conceive any possible motive or inducement. The price received for workhouse- slaves goes to the public, not to any individual ; moreover, they are such characters as no respect- able planter will introduce among his people, and seldom sell for more than pays their fees. As to free negroes coming from other states to settle in Jamaica, is it to be supposed that they will not, in removing from one island to another, use the very simple precaution of carrying with them documents which they know to be every where necessary in the colonies ? And even if a free negro comes to Jamaica ignorant of this law, he learns it on his arrival, and is under no neces- sity to remain ; though the truth is, he would run no risk ; as a decent person of any colour, earning his bread in an honest way, is no more molested in Jamaica than in England. The question then comes to be, since such laws are necessary to protect property and keep as slaves those who are slaves till lawfully freed, whether these laws are so guarded that free per- sons are not endangered by them ? For my own part, I think it is hardly possible to guard against of reducing free persons to slavery. 233 this more anxiously than it is done in Jamaica. Not to mention the facility which free persons have in procuring evidence of their freedom, and that none ever are molested but such as there is reason to suspect are run-away slaves, it is ex- pressly provided by the 70th and 71st sections of the slave law, that when any negro or other per- son, detained in any gaol or workhouse as a run- away slave, shall allege himself to be free, the custos, or senior justice of the precinct, shall im- mediately convene a special sessions, of not less than three justices of the peace, to investigate the truth of the allegation ; and if it appear that such person so detained as a run-away slave is free, he shall be forthwith discharged ; and no slave so detained, and making such allegation, shall be sold until such investigation has been made, other- wise the sale to be null and void. Moreover, if the justices (easily satisfied a-: they always are where there is the least evidence to bear out the claim of freedom) should not de- cide that the person so detained is free, he has still another resource, and may serve an ejectment or writ of Homine Replegiando on the supervisor of the workhouse, who, by section 72d of the slave law, is required to give four weeks' previous no- tice thereof, with a description of the person ; after which, if no owner conies forward to claim the person in question as his slave, he must be libe- rated ; and if a claimant appears, he must prove a title before a court : the person detained as a slave 234 The Colonists falsely accused is not, in this action, required to prove that he is free. In proof of this, I copy the following ad- vertisement from the Royal Gazette, Jamaica, 5th June 1824 :- ' Kingston Workhouse, May 22c?, 1824. ' Whereas I have been this day served with an action of Ho- mine Replcyiando at the suit of a black woman, therein called Betsey alias Elizabeth Green, and stated to be free by Henry J. Ross, Esq., her attorney : Notice is therefore hereby given, that unless some person or persons shall, within the time limited by law, inform me of his, her, or their intention to take the defence of the said action, I shall release the said woman on her fees being paid. This woman was sent in under the name of Bessey Green, is a Creole, five feet four inches high, marked |) on the left shoulder, and having stated herself to be free, was ordered by L. M'Lean, Esq., sitting magistrate, on the 14th of October last, to be received into this workhouse, and detained until proceedings were instituted to prove the same. HENRY BIIOUGHTON, Sup. This notice clearly shews the onus probandi in this action to be on the master claiming, and not on the slave. Whether E. Green be free or not, unless a person appears to claim her within four weeks after the date of the advertisement, she will be liberated ; and if a claimant appears he must prove his title ; she is not required to prove that she is free. It also deserves to be noticed, that the claimant must prove his right by a written title, duly exe- cuted and recorded. Mr. S. indeed, says, that ' the law allows the master to deduce his title by c parol evidence, and demands no proof of the ser- of reducing free persons to slavery. 235 c vile state beyond the colour of the skin/ p. 390. But this is of a piece with his assertion, already noticed, when treating of the trial of slaves upon criminal accusations., that the proceedings against them in all cases, capital as well as others, are c wholly by parol? There is just as much truth in the one proposition as in the other. A man can no more lay claim to a negro in Jamaica, than to an estate in England, without shewing a legal title. Hence, in purchasing slaves, the first object always is, to ascertain from the public records that the person offering them for sale holds a valid title, and has a right to dispose of them. No evidence has been, nor, I believe, can be, adduced to shew that free persons have ever suf- fered wrong by the police laws under considera- tion ; while, on the other hand, it is notorious that slaves in Jamaica, by deserting and removing to a distant part of the island, frequently manage to pass themselves as free, till by being reputed as such, they obtain a sort of prescriptive right to freedom ; which, though it may not entitle them to all the privileges of free people, such as giving evidence, &c., will save them from being commit- ted to a workhouse. Many negroes I have myself employed on board of coasting vessels as free persons, who had no document of freedom to shew, and who, I had no doubt, were run-away slaves ; but that was no business of mine ; I paid them their wages as others did, and made no in- quiries. 236 The Colonists falsely accused, $$c. Let the reader now turn to Mr. S., bearing in mind the provisions of the law to protect free per- sons, with the fact, that while no eases of such persons having been reduced to slavery in the colonies are even attempted to be proved, in- stances of slaves effecting their freedom, by de- serting and passing themselves as free, are fre- quent and notorious. 1 I have said that the Assemblies, while leaving the sources of the condition undefined, have, by the presumption against free- dom, and by the police acts together, virtually sanctioned every source of slavery to which private fraud or violence may resort. But this is an inadequate view of the case. They have invented a cause of slavery, additional to all those which lawgivers, civil or barbarous, have elsewhere recognised, or rapacious avarice ex- plored ; namely, the having a black skin without a deed of manu- mission. They have thus contrived to effect what human despo- tism never attempted or imagined before. When they made a black or tawny skin a presumption of bondage, they threw a con- venient veil over the enormities of the slave trade, and indulged their proud contempt of the African race, without danger to any one whose censure they feared, or whose rights they deemed worth protecting. Free negroes and mulattoes might probably suffer from it ; but these have no share in the work of legislation, or in electing the assemblies ; and from an odious middle class, which it has been the uniform though preposterous policy of the British colonies to discourage and reduce.' pp. 371 2. This is the language of the man, who says his object ' is not to inflame popular indignation;' this is the book which the London emancipation society solicited the publication of, in the cause of Christian benevolence ! We have already asked Mr. Stephen to produce, Antipathy of the white to the coloured people. 237 in proof of this cruel and unmerited charge, a single Instance of a free person having been re- duced to slavery in the colonies. We call upon him also to reconcile the fact he himself admits, that people of colour are ' rapidly increasing,' with his charge, that a ' black or a tawny skin, with- c out a deed of manumission, dooms those persons ( to indiscriminate slavery.' We call upon him farther to bring forward the evidence of the free coloured people themselves, whom we are accused of so cruelly injuring ; they have repeatedly, both the blacks and the browns, applied to the legisla- ture for extension of their political rights, which sometimes has been granted and sometimes re- fused ; they have repeatedly complained of griev- ances ; but when did they complain that any of their numbers were reduced by violence and in- justice to a state of slavery ? and what other griev- ance could equal this ? In every page of his laboured work, Mr. Ste- Alleged amipa- - . r i T i i i , 1 thy of the white phcn speaks of the hatred and contempt which the to'tbe black i i i p-iiii i aiul l)rown white people in the colonies have 01 the black and people. brown. This, above all things, he c hammers on c the public ear.' But the idea is too preposterous to be entertained by any reasonable person ; causes are obvious for a master's attachment to his labourers, who are at the same time his pro- perty and humble dependents ; but we can ima- gine no causes for hatred and contempt of them. Nor can we imagine any cause for that animosity 238 Antipathy of the white to the coloured people. which has been said to exist between the whites and the free people of colour, linked together as they are by consanguinity and a community of interests. If the latter are rising into im- portance as a class, if some individuals among them own considerable property and have been liberally educated, can a single case of the kind be adduced where they have not been indebted for these blessings to their white relatives and friends ? True, they have not yet an equality of political privileges with the white people ; but as a body are they yet fit to be put upon an equa- lity ? and if not, how is the line of distinction to be drawn between the few who are, and the many who are not ? Persons of property and respecta- bility among them are fully sensible of this diffi- culty, and are far from desiring that public tran- quillity should be hazarded by premature mea- sures. Individuals of an opposite description will be found in every country ; but, (though there may be some prejudices to overcome, and some partial distinctions which might as well be re- moved,) I have never, in my own experience, seen any appearance of animosity between the two classes of white and brown people on this ground ; nor do I think there is any danger of a misunderstanding, unless the torch of discord is carried among them by the party in this country who are disposed to imbitter every thing, and embroil the different classes, in the colonies. These, like Tom Paine, find no difficulty in set- Superiority of the white people. 239 tling the rights of man ; governments have not found it quite so easy. That African negroes are looked upon as a class Superiority of ^ . . the white peo- infenor to enlightened Britons is true ; they are vie, how view- / edbytheNe- themselves perfectly sensible of their inferiority, g roes - however much at a loss to account for it. Build- ing ships, for instance, particularly men of war, and sailors *Jinding pass ' (finding their way) in the ocean from Guinea to Buckra Country, as they call Jamaica, I have often heard them speak of with astonishment ; and I was much struck with their admiration of the first ' steam-engine,' or e smoke-mill,' as they call it, that was set to work in the neighbourhood where I resided, and which they came from all quarters to see. The common exclamation was, c Massa-nigger ! wharra dem ' Buckra no savi ? Wharra dem no can do ? ' (Fellow- servant ! what is it the white people do not know ? What is it they cannot do ?) * 1 SECT. VI. Of Enfranchisement.' p. 374. Emancipation. This subject is introduced by a beautiful and affecting figure, in which our author fancies him- * Some years ago, the boiler-men negroes on Duckenfield estate were overheard by the book-keeper discoursing on this subject, (the superiority of the whites,) and various opinions were given, till the question was thus set to rest by air old African : ' When God Almighty make de world, him make two * man, a nigger and a buckra; and him give dem two box, and him tell dem * for make dem choice. Nigger (nigger greedy from time!) when him find ' one box heavy him take it, and buckra take t'other ; when dem open de box, * buckra see pen, ink, and paper ; nigger box full up with hoe and bill, and ' hoe and bill for nigger till this day.' 240 Emancipation. self to be Baron Trcnck, immured in a gloomy and solitary dungeon, labouring, body and soul, to work his way out : ' Impatience and dejection,' says he, ' would indeed often re- turn ; but alter paroxysms of these, hope would again come to soothe me and animate my efforts. My tyrant would lose much of his purpose, for he would not break my heart, unless by finding out my secret labours, and preventing their resumption, he should shut out the ray of hope which had cheered me, and plunge me in the darkness of despair. Such is the value of possible, but far more that of potential liberty, to the slave.' p. 375. A very beautiful and very affecting description certainly, if Mr. Stephen were really Baron Trenck, deprived of ' possible or potential liberty,' or if the slaves, whom he personates, were really in such a situation as is implied by the compari- son. Fortunately, it is quite inapplicable to them. The negro labourers in the West Indies feel it no more a degradation or a hardship, that having their wants and comforts supplied by their mas- ters, they must work for them to the end of their days, than the free labourers in Britain do, that to procure daily bread, they are doomed to a life of toil that can end only with their existence, while they see the master whom they serve,, wallowing in the enjoyment of all the luxuries of life, spend- ing more in one day than the pittance that repays the toil and supplies hundreds of his poor depen- dents with the bare means of existence. Emancipation, how understood by the Slaves. 24 1 People are apt to err by applying tlieir own feel- K mancipation how titter- ings to the case or others ; and by whom was this stood b y thc J Slaves. error ever more likely to be fallen into than by enlightened free-born Englishmen, applying the standard of their own minds to the case of the African slave, who in some things has not an idea in common with them ? Freedom, to an English- man, appears an object of such paramount impor 7 tance, that every earthly blessing sinks into insig- nificance in comparison ; while to the negro, who has been born and bred up in slavery, who consi- ders labour the only evil, and idleness the only bliss, freedom, as British labourers understand and enjoy it, is a thing as yet unknown and unde- sired. I have lived twenty- one years among negroes, and never heard one of them express a sentiment with regard to freedom, such as Eng- lishmen entertain. They speak of it as desirable, viewing it as the enjoyment of wealth with an ex- emption from labour ; but freedom, joined with poverty and labour, is a thing they even ridicule ; and I have more than once witnessed how much an independent wealthy slave can look down on a poor freeman of his own colour. On Golden Grove estate, the property of Mr. Arcedeckne, on which I many years resided, a little colony of free blacks have established themselves on the sea- side, and are by sufferance allowed to remain. They pay no rent ; and yet such is their indolence and improvidence, that they are, to my certain knowledge, supported in no small degree by the R 242 Emancipation, how understood by the Slaves. bounty of the slaves on the neighbouring planta- tions. I have often myself assisted them with medicine, food, &c., and have known medical gen- tlemen, on several occasions, attend them in sick- ness without, of course, looking for a fee. That freedom should be a blessing when ' join- c ed, as it often is, with much abject toil and great ' misery,' is as incomprehensible to the negroes, as that the element of water should become solid by cold. To exemplify their understanding of free- dom, I may mention that I have heard my own servants, when I happened to be longer in bed than usual, say to one another, ' Massa think he a free man this morning ; ' meaning that I thought I had nothing to do, and was indulging in idleness instead of attending to business. Such generally, if not universally, is the meaning which they at- tach to being free ; they have no more conception ^ of the labour performed by the free people of England, (so much greater than they themselves perform,) than these have of the greater comforts enjoyed by the slaves. And the eloquence of a CANNING would fail to convince a negro slave that he would be benefited by being freed, if he had to lose his present home, provide himself with an- other, and work as hard as before to support him- self and his children, hitherto provided for by his master. Nor, indeed, is emancipation much bet- ter understood in its various bearings and pro- bable results, by the supporters of it in this coun-r try, than by the slaves in the colonies. Here it is Danger from discussions on emancipation. 243 one thing ; there it is another : here, it is to make the negroes an industrious and enterprising free peasantry ; there, it is to be a liberation from the master's authority, an exemption from labour, in short the free and full enjoyment of enviable idle- ness, in the houses and land belonging to their masters, which they now possess. Nor can they in reason be blamed ; for as this Danger from * _T , , , discussions on is the only change they can comprehend that emancipation. would benefit them, what more natural than to conclude it to be that which is intended ? And if this is, indeed, what the mother country in its wis- dom and benevolence intends, all is well ; if not, it cannot too soon put an end to discussions which may induce them to take by violence, what they are led to think unjustly withheld by their masters. Let it not be supposed that, far as they are dis- tant, they are not informed of what is going on. The parliamentary proceedings on the subject of the colonies, find their way to every plantation in Jamaica as fast as the winds can waft them, and are the subject of conversation in the presence of negro servants, who speedily carry them from the tables of the white people to those of the slaves. Nor is this the only channel of communication they have ; for, not to speak of the black and coloured servants constantly returning from Eng- land to the colonies, and carrying with them a confused notion of intended emancipation, there is another even more dangerous channel : many B 2 214 Danger from of the free coloured people are educated, and not only get the newspapers, but through incendiaries the twopenny pamphlets published in England, which almost openly advocate insurrection ; through the coloured people the contents of these villanous productions reach the ears of the slaves ; and kindly treated and happy as they in general are, it is too much to expect that the labourers in any country can long withstand an almost direct instigation to rebellion. Even in this country, where the arm of government is so much stronger than in the colonies, could such inflammatory lan- guage be addressed to the labouring classes with- out danger of the most fatal consequences ? Only suppose that societies and institutions were formed for the avowed purpose of bettering the condition of the operatives ; that meetings were held, speeches made, and reports published, giving the most touching (no matter however false) description of the hardships they endure ; that the capitalists and great landowners were held up in the most odious light, as men wallowing in wealth ' wrung * from the sinews ' of their fellow-creatures,* as * At the late anti-slavery meeting in Norfolk, Mr. Buxton is reported to have spoken of the colonists as ' fattening on the labours of the slaves,' an expression of peculiar felicity in the mouth of a man who enjoys such wealth, derived (as the Rev. Thomas Cooper hath it) from the sinews of the negroes ' ! But Mr. Stephen's eloquence beats every thing in this way, and may be taken as a perfect pattern by those who would stir up the popu- lace of any country against their rulers or the men of property. Tims we have on the one side, ' savage tyrants, inhuman oppressors, ferocious mas- ' ters, cruel and unfeeling masters, cruel brutalizers of their people, brutal ' oppressors, white monarchs, white oligarchists, white mobility, white ma- ' jesties, &c. &c.' And, on the other side, African victims, abject despised negro, oppression of the helpless, extreme and crud oppression, sad destiny, discussions on emancipation. 245 ' eating the bread of the fatherless and grinding c the faces of the poor/ as both 'hating and despis- * ing the working classes ;' in short, just such tyrants and oppressors as the colonists have been most falsely represented ; and say, if combination, riot, rebellion, and revolution, are not the conse- quences that might be anticipated ? True, the proceedings of the anti-colonists are not in Ja- maica ; but are they not known there ? Is it not notorious that some of the most inflammatory pamphlets published in England have been sent out for the express purpose of being disseminated among the slaves and people of colour ? Not only pamphlets are sent out, but crockery ware and handkerchiefs with inscriptions and devices re- presenting them as oppressed, and calling on them to rise and take vengeance on their oppressors. If these facts are not known, they ought to be known ; it may soon be too late : and they will have much to answer for who have lent their aid to carry bloodshed and misery into the abodes of peace. In the public prints it is frequently asked, if the negroes in the colonies are so comfortable and so perfectly contented, how comes there to be so much danger of insurrection ? This question is partly answered by what has just been stated ; to which it may be added, that among them, as among every other people, there are some design- ing, restless, and ambitious individuals, who would ' unoffending Africans, extreme and helpless slavery, sad state of man, poor * slaves, poor beings, poor drudges, &c. &c.' 246 Danger from be glad to foment mischief in the hope of acquir- ing an ascendency ; the same principle that has in some degree influenced the revolutionists in all countries, and is here particularly dangerous from the ignorance of so great a part of the popu- lation. But was there ever an insurrection of negroes known, the object of which was freedom, as freedom is enjoyed by the labourers in this country, and as the advocates of emancipation per- haps intend it for the negroes, a release from the master's authority, with the loss of his protection and support, for permission to labour where they will, and for whom they will, as the labourers in England do ? Never. Nor am I aware that ex- cessive labour, or ill treatment of any kind, has ever been assigned by the negroes in our colonies as the cause of insurrection. The insurrection of the Koromantyn slaves in Jamaica, in 1760, was the act of savage Africans, new r ly imported and impatient of restraint ; the more recent disturb- ances in that island proceeded from an idea enter- tained by the negroes, that liberty had been granted them by the King, and was unjustly withheld by their masters. On this subject, I quote the Re- port of a Committee of the House of Assembly, Session 1824 :- f Your Committee lias sedulously endeavoured to trace the origin of the various disturbances which have so recently agitated the island, and in no one instance have they been attributed to any complaints preferred by the slaves, of cruel treatment experienced froiii their masters or overseers, or the privation of any rights with which usage or law had invested them. On the contrary thereof, discussions on emancipation. 247 the very negroes who have atoned by the forfeiture of their lives for the violation of the laws of their country, declared, both before their conviction and at the place of execution, that they were con- tented and happy till they imbibed notions that the King and Wil- berforce had made them free. * This idea is not confined to any one particular parish, but ap- pears to have pervaded the whole island, and has taken such full possession of the negro mind, that it forms the constant theme of his conversation ; and its effects are too lamentably shewn by the altered demeanour, and the reluctance exhibited in discharging his ordinary duties. All notions of dependence and subjection to the authority of his master are now excluded, and so far from regard- ing the latter with his wonted feelings of respect and affection, he looks upon him as his bitterest enemy, in withholding from him the enjoyment of those privileges which the mother country is supposed to have conceded. The natural result of this has been, a restless expectation of benefits of which they have no definite idea : some looking forward to emancipation, while others, more moderate, confine their views to the enjoyment of Friday, Saturday, and Sun- day, as set apart exclusively for the negro. The discussions which from time to time are renewed in the British Parliament, and with which the negroes become acquainted, tend to keep alive these feelings of distrust and dissatisfaction, and will, if persisted in, eventually place a barrier of insurmountable hostility between the master and his slave, and inevitably defeat the object which even the advocates of emancipation themselves entertain : for instead of diffusing a pure and salutary light, which might gradually prepare the negro mind for that improvement in its condition which may be alone contemplated, they infuse notions inimical to their own happiness and to the welfare of the colony ; the effect of which, your Committee dread, will be to kindle a flame which, if ever extinguished, will only be quenched in blood. The wishes and good intentions of the master have been paralyzed by the fear that scenes of revolt may be of too frequent occurrence to afford any rational prospect, that the fatal delusion which now overshadows the mind of the negro may be eventually removed ; and however anxious he may be to adopt measures, which prudence and huma- 248 Danger from nity may suggest as tending to ameliorate the condition of his slaves, he dares not, lest they should be considered acts of compul- sion, and thereby excite feelings of triumph in the negro bosom, which no subsequent events could possibly allay.' To the same effect, his Grace the Duke of Man- chester, in a despatch to Earl Bathurst, of date 1st July 1824, says : * I cannot conceal from your Lordship, that the delusion which the negroes throughout the island have generally participated in, that they are entitled to their freedom, has not been removed by the publication of his Majesty's Proclamation. They have been heard to declare, in various parts of the island, that the Proclama- tion is a forgery, and has been fabricated in this country by their owners. Whether the impression will ever be removed it is diffi- cult to say, but I am extremely apprehensive that some time will elapse before the island is again restored to a perfect state of tran- quillity.' Sir B. d'Urban, Governor of Demarara, in a de- spatch to the Colonial Secretary, of date the 5th of May 1824, in allusion to the late revolt in that colony, writes thus : * Respecting the actual state of feeling and disposition of the slaves, the result of all the information I have collected, compared, and combined, is not very satisfactory ; for it compels me to be convinced that the spirit of discontent is any thing but extinct ; it is alive, as it were, under its ashes ; and the negro mind, although giving forth no marked indications of mischief to those not accus- tomed to observe it, is still agitated, jealous, and suspicious. ' Many of the slaves in this colony, and especially those on the east coast, (which was the theatre of the revolt,) are described to me as remarkably well informed upon all that passes in England and in the colonies interesting to their views and condition ; many of them read ; most of them well understand what is read or re- peated to them ; they are all naturally enough inquisitive to learn whatever relates to them; and, unquestionably, th required, 256 Emancipation Right of Redemption. is it not sufficiently clear that its effects might be to injure instead of benefiting the slaves ? Such a feeling, I am confident, will never find a place in the breasts of English colonists ; and I make the observation only to shew how utterly unavailing, if not absolutely injurious, any attempt must prove to legislate in London on matters so little understood there as the internal affairs of the colonies. ' The parliament/ says Franklin, ' can- not well and wisely make laws suited to the colo- nies without being properly and truly informed of their circumstances, abilities, temper, &c. This it cannot be without representatives from thence, and yet it is fond of this power, and averse to the only means of acquiring the necessary knowledge for exercising it, which is desiring to be omnipo- tent without being omniscient.' But would a right of redemption, even if granted by the colonial legislatures, be, after all, so great a boon to the slaves as is supposed ? I am not an advocate against the measure, but I think not ; because without it, I believe, the cases are very rare where manumission would now be refused to a slave who desired it, and had the means of giving a fair equivalent to his master. Many, no doubt, will suppose that every slave who had the means would be desirous to redeem himself that it would be the first object of his heart to obtain that which, in their minds, alone 1 Gives the flower ' Of fleeting life its lustre and perfume. 1 Emancipation Right of Redemption. 257 But a better knowledge of what the negroes are, and of the circumstances in which they are placed, will lead to a different conclusion, or at least will shew, that it may be a question with a slave whe- ther freedom would better his condition. It is, generally speaking, only the industrious and wealthy slaves who could avail themselves of the right of redemption, if granted ; and as they are the most comfortable in their present condition, they are of course the least anxious about chang- ing it. Besides, the mere cost of freedom, though considerable, is by no means the only difficulty ; there is the further and greater sacrifice of re- linquishing their homes on the master's land, with all the advantages and comforts these afford, and of separating themselves from their friends and kindred. As his slaves, the master was bound to support them ; when freed, they have no longer any claim on him, or right to any part of his estate. Some, perhaps, will say might they not be permitted to remain on the estate and occupy their houses and provision grounds, on condition of working for their masters as free labourers ? Perhaps few proprietors would object to this ; but a plantation negro would consider it a perfect ab- surdity to be free and to continue to work on the estate ; at least, I have never known or heard of one of them when freed continuing to do agricul- tural labour. And were a freed negro allowed to keep possession of his house and ground only on condition that he should still work, in order to pay s 258 Emancipation Right of Redemption. a rent for the house and land he occupied, and to supply himself with the articles formerly furnished by his master, he would be apt to regard his situa- tion as not much improved certainly not so much so as to induce him to pay a large sum of money for his manumission. The liberal practice of allowing freed negroes, as a matter of grace, to remain on the plan- tation and occupy the houses and land which they possessed as slaves, although not certainly to be expected from Mr. Stephen's account of the feelings of the colonists towards the ne- groes, that e hated and despised race,' has not been uncommon. I wish I could say that the good conduct of these afforded a practical illustra- tion of the blessings of freedom to the negroes that, released from the master's authority, they were industrious for themselves that they ac- quired better moral habits, or enjoyed greater comforts ; but, unfortunately, in all these import^ ant particulars the reverse is well known to be the case. Abandoning themselves to listless indolence, or doing only what little is necessary for existence, they not only are a bad example to the other people, but, having more opportunities, often aid them in stealing and marketing the produce of the estate.* From the considerations which have been stated, r * I once saw a free negro detected at Plantain Garden River Wharf with no less than 168Glbs. of sugar, which he was putting on board a drogger for King- ston, in covered baskets as edoes. On inquiry, it was found that he had pro- cured it through the slaves on the estate where he resided. The manager threatened to have him tried and hanged j but an opportunity was given him to escape. ' Emancipation, how to be accomplished. 259 it does not appear to me that the granting a right of redemption could, on the one hand, be attend- ed with so much danger to the land-owners, or, on the other, with so much benefit to the slaves, as many suppose. Its effects, at best, could be but limited in changing the condition of the slave po- pulation. Not only are many of the slaves unable to redeem themselves, but, if it were otherwise, the sacrifice is too great to be submitted to, circumstanced as they are, and as yet so incapable of estimating the blessings of freedom. How then, it may be asked, is this object, so de- Emancipation, sirable to humanity to be accomplished ? is there accomplished. to be no end to negro slavery ? To this I answer, that, like many other evils, time will be necessary for its cure or removal. Individual manumissions may do something, may be a necessary means, but it is to the improvement of the people, to the gradual melioration of their condition, to ' the emancipation, not of slaves, but of slavery,' as Mr. Barham has well expressed it, that we must look for the final extinction of this degrading state. In proportion to the progress of the negroes in moral improvement, in knowledge, religion, and habits of industry growing with a taste for the comforts and enjoyments of civilized life, the arbitrary power of the master will become unnecessary, and will bo abridged or relinquished; the power of punish- ment will pass more and more into the hands of the civil magistrate, and slavery will gradually as- s2 260 Emancipation , how to be accomplished. similate to the servitude of Europe. Thus only can general emancipation be accomplished with advantage to the negroes. An act of parliament, or rather the power of the mother country, might emancipate the negroes from their present mas- ters the Governor of Jamaica might be instructed to issue a proclamation in the King's name, de- claring the slaves in that island to be free, (and let the reader pause to imagine the probable come- quences !)' but an act of parliament, or a procla- mation by the Governor, can no more convert them into a free, industrious, and happy peasantry, than it can change the colour of their skins. Too many in this country are apt to charge the ignorance, and rude state of the negroes in our colonies, wholly on their being slaves, forgetting that they were carried thither from the most bar- barous parts of the earth, (many of them not twenty years ago,) and have not yet had time, under any system, to make great progress to- wards refinement. But, though not yet civilized and refined, (as the Edinburgh Review assures us the negroes in St. Domingo are !) they are making progress ; and iu Jamaica it is by no means in- considerable ; they have become more intelligent and industrious ; from the cultivation of the land allotted to them they are acquiring wealth, and learning habits of voluntary labour ; and, most important of all, religion is now spreading its be- nign light among them, and dispelling the gloomy horrors of African superstition. Emancipation,, how to be accomplished. 261 The system adopted in Jamaica of assigning ^Jif, ff land to newly-imported Africans, and requiring J cuitfvaTtffo them to cultivate it for their own subsistence, was thdr su PP lt - not perhaps the best calculated for their preserva- tion in the first instance. Many of them (notwith- standing every care and attention on the part of their owner or manager) made a very ill use of the time given them for the cultivation of their grounds. But, on the other hand, when they had learned or become accustomed to do this, and as people born in the island grew up, the system pos- sessed many advantages over that (adopted in some of the other colonies) of providing food for them. Negroes, working exclusively for the master, and supported from hand to mouth, as it is termed, have no opportunity or incitement to voluntary Labour, and therefore can scarcely ever acquire habits of industry, so essential to raise them in the scale of civilization. Where land is allotted to them the case is different ; three or four hundred people require a large part of a sugar estate for their provision grounds, and each considers the portion of land he occupies just as much his pro- perty, while a slave on the domain, as the cane- field is the property of his master. Thus set down with his family on his little farm, a negro has a powerful incentive to industry ; he finds his labour repaid by the enjoyment of comforts far beyond the mere means of subsistence ; he cultivates such articles of food as he likes best for his own use ; he carries his surplus productions to market, and 262 Emancipation, how to be accomplished. with the means thus procured furnishes his house and dresses his family in a superior manner ; in short, as in other communities, he finds his share of the good things of life, and the consideration paid him by his compeers, proportioned to his en- terprise and successful industry. A common opinion entertained in this country regarding the slaves is, that the circumstances of the whole arc exactly the same, a herd of wretches toiling and fed like cattle. Nothing can be more erroneous ; the cir- cumstances of the negro labourers in a plantation village are just as various as those of the working classes in an English village : some are indolent, some industrious some improvident and poor, some saving and rich some have poor accommo- dation, some well furnished and comfortable houses. It is almost unnecessary to remark (as another advantage of the system) that, with the increasing wealth of the negroes, the security of the island is increasing at the same time. A man who has a good house and garden, a stock of pigs and poultry, and a piece of land in good cultiva- tion, who goes home at night when the work of the day is over, to find himself comfortable with his wife and family, will be much less likely to embark in any desperate undertaking than an in- dividual who may gain something by re volution 5 and has nothing to lose. It is well observed by Mr. Stephen (though of course he does not allow that the observation ap- plies in the British colonies) that, < if it has been Emancipation, how to be accomplished. 263 e the common lot of agricultural slaves to endure ( more labour than other bondmen, it has, on the 6 other hand, been their advantage, not only to be 6 less exposed than domestics to the caprice and ' ill temper of a master, but to have a far greater c stability of situation, and a surer possession of ' their families, and of the property they have been ' permitted to acquire. Self-interest and conveni- ' enee have also everywhere suggested to the land- ' holder to allot to them portions of his soil, by c the tillage of which they might provide for the ( subsistence of their families ; and to limit his ' demands to that disposable surplus of labour c which they might be able to bestow on his do- ' main. Hence, by a natural gradation, have arisen, ' first, an inseparable connexion with, and after- c wards a qualified property in, the lands by which e they were sustained. Personal freedom has been ' only the last link in a chain of natural eonse- 6 quences, by which the enslaved husbandman has 6 been elevated from the hapless state into which ' the barbarous warfare of an iron age had plunged 4 his progenitors.' p. 63. Such evidently is the course the plantation ne- groes in our colonies will run, or on which I should rather say they have already entered; Mr. Ste- phen denies that this can be the case, or that any such happy change can be their lot, ' because they 6 are liable to be sold separate from the land.' But to borrow his own words, when speaking of the same thing in the villeinage of England, this is 264 Emancipation, how to be accomplished. a grievance ' rather in theory than in practice.' The great majority of the slaves in Jamaica are settled on the plantations, and must remain on them as long as the sugar-cane or the coffee-plant is cultivated in the island. They may be sold along with the estates, but scarcely can be sold separate, as the estates would be of little value without them. To borrow Mr. Stephen's words again, ' where there is no regular and certain ' man-market, in which a new stock of peasants ' can be bought, an estate will hardly be purchased ' without the slaves which have been usually em- ' ployed in its culture, though the connexion be- ' tween them should be dissoluble in point of < law/ p. 67. Attaching the Much has been said about attaching the slaves Slaves to the SoU - to the soil, and every friend to humanity must wish that it may be soon accomplished, as the sale of them, particularly under process of distress, constitutes by far the worst feature in colonial slavery. But how personal slaves, mechanics, or jobbers, can be attached to the soil, I have never seen explained, and cannot imagine. Of the 320,000 slaves in Jamaica, I think we may ven- ture to say, not less than from 250,000 to 270,000 are settled on the larger estates, whence there never can be any inducement to remove them. These there could be no difficulty that I can see in attaching by law to the soil ; in effect, they are attached to it already. The other 50,000 to Emancipation, how to he' accomplished. 265 70,000 are the property of small settlers, jobbers, mechanics, and persons in towns. In attaching these, or any of them, to the soil under present circumstances, great, and I fear, insurmountable, difficulties present themselves. Many of them live on land held only in lease by their masters ; not a few have no connexion whatever with the soil; the jobbing gangs, in general, are settled on land little more than sufficient to grow food for them, and are hired out by the day, or at piece- work, on such sugar estates in the neighbourhood as are short of hands. To attach these to their pro- vision grounds would be injurious to the master, as depriving him in a great measure of the power to dispose of them ; and no less so to the slaves, in dooming them and their offspring to continue as jobbers, instead of being purchased and removed to a more comfortable settlement on some of the sugar estates, as they most likely would be on the death or return to England of their present mas- ters. How these difficulties, and those which would arise from the securities held by creditors on many such slaves, could be got over, I confess myself unable to discover ; but, in the mean time, it is gratifying to see a change in progress which is gradually narrowing, and will, at no distant period, remove the greater part of those difficulties, and, perhaps without the aid of legislative enact- ment, attach the negroes with few exceptions to the soil. I had formerly occcision to mention, that among the changes which, since the abolition, 266 Emancipation^ how to be accomplished. time has been effecting in the colonies, not the least important is, that the slaves have been gra- dually getting into fewer hands. While the Afri- can trade was carried on, there was scarcely an overseer that was not an owner of slaves scarcely a person, black or brown, who could afford it, but had purchased one or more from the Guinea ships. The case is now very different ; there is not an overseer in ten who owns a slave. Many of the jobbing gangs, which belonged to them at the time of the abolition, have since been bought up by the plantations ; and although the present gangs may be increased by occasional purchases from petty owners, no one now attempts to form a new job- bing gang, Individual slaves can no longer be purchased as they were from the ships ; and many who might wish to purchase one, are unable to buy a whole family; the consequence is, that slaves are going out of the hands of the lower classes into those of the more wealthy, and concentrating on the plantations. Already there is no small diffi- culty in Jamaica in procuring a slave as a personal servant, at least it is rare that he can be purchased ; and there is only the choice of hiring another man's slave, or hiring a free person, which is now becoming the more common practice. Formerly the mechanics about towns were nearly all slaves ; now we have, for the most part, free people of co- lour as masons, carpenters, shipwrights, &c., and also as sailors on board the coasting vessels, which formerly were chiefly manned with slaves. Emancipation Right of Redemption. 267 Contemplating these changes the agricultural slaves gradually acquiring wealth, intelligence, and a knowledge of religion the personal slaves, as they may be called, gradually draw- ing to the plantations and an increasing free population, rapidly engrossing all the mechanic and handicraft employment of the island we have before us the pleasing prospect, that in Jamaica and at no very distant date, slavery will in a great measure be confined to the agricultural class, and these attached by circumstances, probably by law, to the plantations on which they are settled, and liable to be sold only along with the estates. If any thing can prevent or retard the accomplish- ment of this so desirable object, it will be the pro- ceedings of the anti-slavery societies in England, and the constant agitation in parliament of ques- tions which strike at the root of colonial existence. It is well known that since Mr. Buxton's celebrat- ed motion in the House of Commons, on the 16th of May 1823, West India proprietors have been deterred from purchasing labourers for their es- tates, however much in want of them ; and the consequence is, that many hundred negroes con- tinue as jobbers, or the property of petty settlers, who would otherwise before now have been per- manently and comfortably attached to the estates on which they are now employed as temporary labourers. To return from this digression. Though Mr. Emancipation -Right of Re- Stephen, in his usual strain ot exaggeration, says, 268 Spanish law of redemption considered. the slave codes in our islands are SINGULAR in denying the humane and salutary right of redemp- tion^ p. 389, he himself informs us that slavery has not everywhere been redeemable, p. 378 ; and, indeed, from all he has been able to shew to the contrary, it would rather appear that in Europe slavery scarcely any where ever has been redeem- able. He expressly tells us that the villeinage in England was not so, p. 120 ; he finds no express re- cognition of such a right in the servile laws of Rome, p. 378 ; and, on his own shewing, only nine out of the fifteen species of slavery in Hindostan appear to be redeemable. I notice our author's inconsistency here, not from any wish I have to be the advocate of irredeemable slavery, but merely as it marks-the injustice the British colonists re- ceive at his hands, and his disposition to represent negro slavery as singular in its severity, even on points where the contrary can be proved by his own authority. Spanish law of The humane and liberal provision of the Spanish Redemption . considered. law, which gives the slave a right to redeem him- self progressively, by paying one- sixth of his appreciated value for a day in the week, and so on for another day and another, as he acquires the means, till he effect his final manumission, does honour to the humane and benevolent heart that devised it ; nor can I wonder to see all good f men who take an interest in the subject, dwelling with complacency on so pleasing a view as it Spanish law of redemption considered. 269 affords of the extinction of slavery. Who can contemplate such a picture in imagination, the law encouraging, and the slave meritoriously exertinghimself to obtain freedom, without wish- ing that such a law every where existed, and that the chains of slavery were every where thus loosened ? But, alas ! it is a picture in imagina- tion only. I am yet to learn that one negro has ever benefited himself by it. To me, I confess, it appears altogether chimerical, from the difficulty of applying it to practice on the one hand, and the insensibility of the negroes to freedom, (unless with some means of subsistence to exempt them from labour.) on the other. Suppose, for instance, that a negro, valued at 120/., pays 40/. to his master, two days in the week belong then to him- self, and four to his master. This is all plain enough ; but how are the other matters between them to be apportioned, food, clothing, medical attendance, use of land, taxes, &c. ? It surely could not be expected that the master would continue to provide as fully for persons thus circumstanced, as for those whose entire labour was his own ; and unless he countenanced their labours by hiring them on their purchased days, or by allowing them the use of his land, (and they can find a market for their produce,) it is difficult to see how their exertions could be of much avail. Moreover, we are not informed whether, in the case of the father of a family freeing himself, he is permitted by the law of Spain to continue on the domain, or must Spanish law of redemption considered. separate himself from his wife and family ; nor whether,, in the case of the wife only being freed, she is permitted to remain on the estate with her husband to rear free children. These are difficul- ties, and many more might be added, which pro- bably did not occur to the Spanish lawgiver ; for it is an advantage possessed exclusively by the framers of laws for a foreign country, that seeing no difficulties they have none to overcome. And even if all these difficulties could be got over, still, from the much greater regard negroes attach to the money they acquire than to the mere possession of freedom in the abstract, which (happily perhaps) gives them little concern, if ever thought of at all, I am very confident they would never enter into a compact of this kind ; and that any such proposition made to them by their master would be viewed as a scheme to get hold of their money. If I am wrong in my view of this subject, I shall rejoice to be corrected ; and if it can be shewn that such a law has been carried into effect among the Afri- cans in Cuba, the example surely ought to be followed in Jamaica. But, in the mean time, let neither the legislature nor the people of that island be condemned, because they have not in their slave code a regulation which, though specious in theory, they probably think could in practice be of no avail. The framers of this law in Spain, it will not be doubted, meant well, but knew little of the African's character. The same excuse could not be pleaded for the Jamaica Slaves will not always buy their freedom, 8$c. 271 Assembly if it made a useless law, although, if it was guided by the unworthy principles Mr. Stephen ascribes to it, and made specious acts merely to deceive the mother-country, it might indulge him here, as this law would at least be harmless. Some opinion may be formed of the indifference slaves win not of the nesrroes to freedom from cases, and I have thdr y freed. for the parish certificate ; in all, 27s. Gd. currency. And these arc the * restraints by enormous taxes, and other * means,' p. 'i33, which the legislature of this island has put upon manumis- sions. Jamaica considered, 289 c owner from the obligation of maintaining an e aged or infirm slave.' The only benefit that can result from this new regulation, will be the saving of the 20s. stamp for the bond, which will reduce the ' enormous ' expense of manumission in Jamaica to Is. 6d. currency. The Act, however, had another and a more important object : c to remove impedi- ' ments to the manumission of slaves, by owners ( having only a limited interest;' and has obvi- ated the only obstacle to voluntary manumis- sions that existed, namely, that which was oc- casioned by entails and mortgages, fettered by which, the owner or person in possession of slaves had it no more in his power to manumise than to sell them. This Act affords another proof of the truth of what Mr. Stephen asserts, that ' the petty c legislatures and the courts of law in our colonies ' have vied with each other in hostility to freedom, p. 389. Even without this Act, individuals sometimes get over the difficulty occasioned by entails and mortgages, in the following manner. The slave intended to be manumised was passed over by the owner or person in possession, (with the sanction of the mortgagee,) to the collector of taxes, and another of equal value put in his place ; a nomi- nal sale was then made by the collector, as if the slave to be manumised had been levied on for taxes ; and, as the title which the purchaser got u 290 Rome and Grenada. was unimpeachable, he was thus enabled to grant freedom to the slave. The truth is, that, of late years, every facility has been afforded to manumissions in Jamaica, and the fact, that the free coloured population in the island has increased from ten thousand to thirty-five thousand since 1787, is alone sufficient to discredit all the stones which have been so sedulously propagated in England about the colo- nists reducing free persons to slavery, the ( re- ' cent and cruel restraints, not to say virtual pro- 6 hibitions, put on manumissions,' &c. Rome and * SECT. IX. Enfranchisement by public authority.' p. 420. e In Greece or Rome,' says Mr. Stephen, ' if a 1 slave was instrumental in the discovery or sup- c pression of a public crime, or distinguished him- c self by fidelity in civil convulsions, freedom was ' the rich reward.' Of course it is not mentioned by our author that such services by slaves had been similarly rewarded in Jamaica, not once, but often. Even last session of Assembly, several slaves had freedom conferred on them ' for their faithful and ' meritorious services ' during the late troubles ; and> I believe, on every occasion of insurrection that has taken place in the island, some of the ne- groes have been found to merit, and have received for their fidelity, the reward of freedom, with a pension for life. We are next informed that the Spartans and. Romans, those gentle slave masters, when urgent Black Troops. 291 necessity required, purchased slaves for their armies, who were forthwith enfranchised ; and this is brought forward to draw a comparison be- tween the feelings of Christian and English slave masters, and those of pagan antiquity ; resulting ' as usual,' says our author, c much to the disad- ' vantage of the former.' The states of Home and Sparta paid the masters of the slaves thus enrolled their value, and enfranchised them, or perhaps kept them soldier-slaves, as has been the fate of Africans at Sierra Leone. Now mark the differ- ence : a few individuals in a petty West India island, Grenada, dependent on the crown of Great Britain, were, at an urgent moment, compelled to arm a portion of their own slaves for a few weeks, to oppose a foreign invader, and, ' oh, what a falling off was there,' did not enfranchise them, as imperial Rome would have done! Why, if this ought to have been their reward, whose duty was it to enfranchise them, that of the planters, or of the crown ? Next follows an eulogy on the black troops, Black Troops. whom the -colonists considered rather dangerous inmates, and of which, indeed, there was too convincing proof not long ago in Jamaica. But Mr. Stephen, who is a better judge of these mat- ters than the colonists, maintains that those alarms were entirely groundless, and says, ' it may be in- ' ferred, from many facts, that the jealousy which u 2 29'2 Peaceable and beneficent spirit ' the white colonists profess of such defenders, is, ( in a great measure, a mere cloak for their proud ' contempt and antipathy towards the African 'racer p, 429. The peaceable Why Mr. Stephen and his party might wish to sph-itof 'the"* see such soldiers in the colonies, may perhaps be gathered from some expressions in pages 429 and 430 of his work, where he speaks of ' the most 6 effectual means of revolution' in the colonies,, and doing all he can to set one class against ano- ther, and stir up insurrection, very consistently proclaims his intentions to be ' peaceable and bene- * Jicent' * What can have given birth to such ran- corous animosity it is impossible to conjecture ; but from these, as well as many other passages in his book, it is very clear, that if he would not actually rejoice to hear of ( the knife being at the 4 throats of the colonists,' as the Edinburgh Re- viewers express it, he is at least indifferent to such an event. In his Preface, he does not even dis- guise the satisfaction it would afford him to see ' A Godly-thorough-reformation By fire and sword and desolation ; ' telling us, that ' if the ostensible improvements * made by the colonial assemblies were carried ' into practice, they would be CHEAPLY purchased ' at the expense of greater temporary evils BY FAR ( than the insurrections of Demarara and Barba- * See extract from his work, sup. p. 367, of the Anti-Colonists. 293 c does ; ' and again, that c the independency of * these sugar colonies,, or their transfer to a foreign ( power, would be a rich boon to the people of < England.' In a former work, he declared that the shocking slavery in our islands could not much longer be maintained ; but that, c by a just and rational 6 policy, we might be enabled to look forward to ' the progress, not only of African freedom, but c even African sovereignty, in the West Indies, 6 with satisfaction rather than dismay.' And in the same spirit, we find the c African sovereignty ' of St. Domingo always mentioned with admiration in the present work. Thus, in treating with marked derision the value of the British West India islands in their present state, and contemplating their independence with much complacency, he observes, that ' among many other advantages re- sulting from it, we should regain and engross the ( very valuable commerce of Hayti, which, in com- 6 plaisance to Jamaica, we have foolishly re- ' nounced.' Pref. p. 32. Nor can we much blame the advocates of the slaves, as they call themselves, that they should thirst for the blood of the unfortunate colonists, or call down fire from heaven upon them, if they really in their hearts believe them to be such monsters as they have described. As to their dis- avowal of any desire ' to inflame popular indigna- c tion and stir up insurrection in the colonies,' it stands, perhaps, upon the same ground as their 294 Mr. Stephen's contradictory statements re- garding the People of Co- lour. Mr. Stephens contradictory statements solemn disavowal, only a few years ago, of having in contemplation any such mad scheme as the emancipation of the slaves, which is now their pro- fessed object.* They have brought it forward in Parliament, established societies to promote it, and, in the fury of enthusiasm, openly avowed that any measures will be justifiable to accomplish so good an end The people shall be free ! Free by what means? by folly, madness, guilt ; By bounteous rapines, blood in oceans spilt, By confiscation ; By laws, religion, morals, all o'erthrown : Rouse then, ye sovereign people, claim your own ! It is not improbable Mr. Stephen may live to see the island of Jamaica, one of the richest gems of the British crown, in the possession of a foreign power, or under African sovereignty ; and if he does, he will then, no doubt, have the satisfaction of seeing his labours, in accomplishing this ' rich boon' for the people of England, more correctly appreciated than they at present are. In writing these comments upon Mr. Stephen's work, it has more than once occurred to me, that * In a letter addressed to Mr. Smith, in 1813, Mr. Stephen distinctly dis- avows any idea of meditating the emancipation of the slaves. ' Mr. Marryatt ' says, that he was before aware, that I, like Mr. Wilberforce, designed the ' emancipation of the slaves. This renewal of a stale and idle charge against ' Mr. Wilberforce, seems as much out of time as out of place. But I am not * surprised, nor indeed much concerned, that if he should believe Mr. Wilber- ' force capable of entertaining a purpose which he has publicly disclaimed, he ' should form the same judgment of me.' regarding the people of colour. 295 they cannot be very necessary to intelligent and dispassionate readers ; as such, though they have never been in the colonies, and may be unable from personal knowledge to detect the misstate- ment of facts, cannot fail to discover the contra- dictions involved in his invectives against the colonists. The inconsistency of his statements regarding the free people of colour, with the tyranny which, he says, the whites exercise over them, is so striking, that it is hardly possible it can escape the observation of the most inatten- tive reader. In the first place, we are informed that the Assemblies ' have sanctioned every source ' of slavery to which private fraud or violence c may resort,' p. 371 ; that 6 the laws require no ' proof of the servile state beyond the colour of 6 the skin/ p. 390 ; that ( there is abundant reason ( to believe free negroes are often deprived of 6 their liberty/ p. 369 ; and that ' the plainest ' principles of policy and justice are wantonly vio- ( lated, merely that the profitable privileges and ' pre-eminence of the white oligarchists may not c be surrendered or abridged,' p. 429. After this, and there is much more to the same effect, can any reader, without surprise, learn from the same authority, that ' the free people of colour are in- ' creasing, that they follow the callings of the ( whites, and enjoy a degree of ease and comfort c which many of these cannot themselves com- c mand,' p. 393 ; that ' indigence among them has f always been extremely rare, when compared with 296 Mr. Stephen's contradictory statements, $c. (