relating to the natural capacity and good disposition of the inhabitants
of Guinea, and of the violent manner in which they are said to be torn
from their native land, are to be depended upon; as those Negroes who
are brought to us, are not heard to complain, and do but seldom manifest
such a docility and quickness of parts, as is agreeable thereto. But
those who make these objections, are desired to note the many
discouragements the poor Africans labour under, when brought from their
native land. Let them consider, that those afflicted strangers, though
in an _enlightened Christian country_, have yet but little opportunity
or encouragement to exert and improve their natural talents: They are
constantly employed in servile labour; and the abject condition in which
we see them, naturally raises an idea of a superiority in ourselves;
whence we are apt to look upon them as an ignorant and contemptible part
of mankind. Add to this, that they meet with very little encouragement
of freely conversing with such of the Whites, as might impart
instruction to them. It is a fondness for wealth, for authority, or
honour, which prompts most men in their endeavours to excell; but these
motives can have little influence upon the minds of the Negroes; few of
them having any reasonable prospect of any other than a state of
slavery; so that, though their natural capacities were ever so good,
they have neither inducement or opportunity to exert them to advantage:
This naturally tends to depress their minds, and sink their spirits into
habits of idleness and sloth, which they would, in all likelihood, have
been free from, had they stood upon an equal footing with the white
people. They are suffered, with impunity, to cohabit together, without
being married; and to part, when solemnly engaged to one another as man
and wife; notwithstanding the moral and religious laws of the land,
strictly prohibiting such practices. This naturally tends to beget
apprehensions in the most thoughtful of those people, that we look upon
them as a lower race, not worthy of the same care, nor liable to the
same rewards and punishments as ourselves. Nevertheless it may with
truth be said, that both amongst those who have obtained their freedom,
and those who remain in servitude, some have manifested a strong
sagacity and an exemplary uprightness of heart. If this hath not been
generally the case with them, is it a matter of surprize? Have we not
reason to make the same complaint of many white servants, when
discharged from our service, though many of them have had much greater
opportunities of knowledge and improvement than the blacks; who, even
when free, labour under the same difficulties as before: having but
little access to, and intercourse with, the most reputable white people,
they remain confined within their former limits of conversation. And if
they seldom complain of the unjust and cruel usage they have received,
in being forced from their native country, &c. it is not to be wondered
at; it being a considerable time after their arrival amongst us, before
they can speak our language; and, by the time they are able to express
themselves, they have great reason to believe, that little or no notice
would be taken of their complaints: yet let any person enquire of those
who were capable of reflection, before they were brought from their
native land, and he will hear such affecting relations, as, if not lost
to the common feelings of humanity, will sensibly affect his heart. The
case of a poor Negroe, not long since brought from Guinea, is a recent
instance of this kind. From his first arrival, he appeared thoughtful
and dejected, frequently dropping tears when taking notice of his
master's children, the cause of which was not known till he was able to
speak English, when the account he gave of himself was, "That he had a
wife and children in his own country; that some of these being sick and
thirsty, he went in the night time, to fetch water at a spring, where he
was violently seized and carried away by persons who lay in wait to
catch men, from whence he was transported to America. The remembrance of
his family, friends, and other connections, left behind, which he never
expected to see any more, were the principal cause of his dejection and
grief." Many cases, equally affecting, might be here mentioned; but one
more instance, which fell under the notice of a person of credit, will
suffice. One of these wretched creatures, then about 50 years of age,
informed him, "That being violently torn from a wife and several
children in Guinea, he was sold in Jamaica, where never expecting to see
his native land or family any more, he joined himself to a Negroe woman,
by whom he had two children: after some years, it suiting the interest
of his owner to remove him, he was separated from his second wife and
children, and brought to South Carolina, where, expecting to spend the
remainder of his days, he engaged with a third wife, by whom he had
another child; but here the same consequence of one man being subject to
the will and pleasure of another man occurring, he was separated from
this last wife and child, and brought into this country, where he
remained a slave." Can any, whose mind is not rendered quite obdurate by
the love of wealth, hear these relations, without being deeply touched
with sympathy and sorrow? And doubtless the case of many, very many of
these afflicted people, upon enquiry, would be found to be attended with
circumstances equally tragical and aggravating. And if we enquire of
those Negroes, who were brought away from their native country when
children, we shall find most of them to have been stolen away, when
abroad from their parents, on the roads, in the woods, or watching their
corn-fields. Now, you that have studied the book of conscience, and you
that are learned in the law, what will you say to such deplorable cases?
When, and how, have these oppressed people forfeited their liberty? Does
not justice loudly call for its being restored to them? Have they not
the same right to demand it, as any of us should have, if we had been
violently snatched by pirates from our native land? Is it not the duty
of every dispenser of justice, who is not forgetful of his own humanity,
to remember that these are men, and to declare them free? Where
instances of such cruelty frequently occur, and are neither enquired
into, nor redressed, by those whose duty it is _to seek judgment, and
relieve the oppressed_, Isaiah i. 17. what can be expected, but that the
groans and cries of these sufferers will reach Heaven; and what shall we
do _when God riseth up? and when he visiteth_, what will ye answer him?
_Did not he that made them, make us; and did not one fashion us in the
womb_? Job xxxi. 14.
CHAP XIV.
The expediency of a general freedom being granted to the Negroes
considered. _Reasons_ why it might be productive of advantage and
_safety to the Colonies_.
It is scarce to be doubted, but that the foregoing accounts will beget
in the heart of the considerate readers an earnest desire to see a stop
put to this complicated evil, but the objection with many is, What shall
be done with those Negroes already imported, and born in our families?
Must they be sent to Africa? That would be to expose them, in a strange
land, to greater difficulties than many of them labour under at present.
To let them suddenly free here, would be perhaps attended with no less
difficulty; for, undiciplined as they are in religion and virtue, they
might give a loose to those evil habits, which the fear of a master
would have restrained. These are objections, which weigh with many well
disposed people, and it must be granted, these are difficulties in the
way; nor can any general change be made, or reformation effected,
without some; but the difficulties are not so great but that they may be
surmounted. If the government was so considerate of the iniquity and
danger attending on this practice, as to be willing to seek a remedy,
doubtless the Almighty would bless this good intention, and such methods
would be thought of, as would not only put an end to the unjust
oppression of the Negroes, but might bring them under regulations, that
would enable them to become profitable members of society; for the
furtherance of which, the following proposals are offered to
consideration: That all farther importation of slaves be absolutely
prohibited; and as to those born among us, after serving so long as may
appear to be equitable, let them by law be declared free. Let every one,
thus set free, be enrolled in the county courts, and be obliged to be a
resident, during a certain number of years, within the said county,
under the care of the overseers of the poor. Thus being, in some sort,
still under the direction of governors, and the notice of those who were
formerly acquainted with them, they would be obliged to act the more
circumspectly, and make proper use of their liberty, and their children
would have an opportunity of obtaining such instructions, as are
necessary to the common occasions of life; and thus both parents and
children might gradually become useful members of the community. And
further, where the nature of the country would permit, as certainly the
uncultivated condition of our southern and most western colonies easily
would, suppose a small tract of land were assigned to every Negroe
family, and they obliged to live upon and improve it, (when not hired
out to work for the white people) this would encourage them to exert
their abilities, and become industrious subjects. Hence, both planters
and tradesmen would be plentifully supplied with chearful and
willing-minded labourers, much vacant land would be cultivated, the
produce of the country be justly increased, the taxes for the support of
government lessened to individuals, by the increase of taxables, and the
Negroes, instead of being an object of terror,[A] as they certainly must
be to the governments where their numbers are great, would become
interested in their safety and welfare.
[Footnote A: The hard usage the Negroes meet with in the plantations,
and the great disproportion between them and the white people, will
always be a just cause of terror. In Jamaica, and some parts of
South-Carolina, it is supposed that there are fifteen blacks to one
white.]
CHAP. XV.
Answer to a mistaken opinion, that the warmth of the climate in the
West-Indies, will not permit white people to labour there. No complaint
of disability in the whites, in that respect, in the settlement of the
islands. Idleness and diseases prevailed, as the use of slaves
increased. _The great_ advantage which might accrue to the British
nation, if the slave trade was entirely laid aside, and a fair and
friendly commerce established through the whole coast of Africa.
It is frequently offered as an argument, in vindication of the use of
Negroe slaves, that the warmth of the climate in the West Indies will
not permit white people to labour in the culture of the land: but upon
an acquaintance with the nature of the climate, and its effects upon
such labouring white people, as are prudent and moderate in labour, and
the use of spirituous liquors, this will be found to be a mistaken
opinion. Those islands were, at first, wholly cultivated by white men;
the encouragement they then met with, for a long course of years, was
such as occasioned a great increase of people. Richard Ligon, in his
history of Barbadoes, where he resided from the year 1647 to 1650, about
24 years after his first settlement, writes, "that there were then fifty
thousand souls on that island, besides Negroes; and that though the
weather was very hot, yet not so scalding but that servants, both
christians and slaves, laboured ten hours a day." By other accounts we
gather, that the white people have since decreased to less than one half
the number which was there at that time; and by relations of the first
settlements of the other islands, we do not meet with any complaints of
unfitness in the white people for labour there, before slaves were
introduced. The island of Hispaniola, which is one of the largest of
those islands, was at first planted by the Buccaneers, a set of hardy
laborious men, who continued so for a long course of years; till
following the example of their neighbours, in the purchase and use of
Negroe slaves, idleness and excess prevailing, debility and disease
naturally succeeded, and have ever since continued. If, under proper
regulations, liberty was proclaimed through the colonies, the Negroes,
from dangerous, grudging, half-fed slaves, might become able,
willing-minded labourers. And if there was not a sufficient number of
these to do the necessary work, a competent number of labouring people
might be procured from Europe, which affords numbers of poor distressed
objects, who, if not overlooked, with proper usage, might, in several
respects, better answer every good purpose in performing the necessary
labour in the islands, than the slaves now do.
A farther considerable advantage might accrue to the British nation in
general, if the slave trade was laid aside, by the cultivation of a
fair, friendly, and humane commerce with the Africans; without which, it
is not possible the inland trade of that country should ever be extended
to the degree it is capable of; for while the spirit of butchery and
making slaves of each other, is promoted by the Europeans amongst the
Negroes, no mutual confidence can take place; nor will the Europeans be
able to travel with safety into the heart of their country, to form and
cement such commercial friendships and alliances, as might be necessary
to introduce the arts and sciences amongst them, and engage their
attention to instruction in the principles of the christian religion,
which is the only sure foundation of every social virtue. Africa has
about ten thousand miles of sea coast, and extends in depth near three
thousand miles from east to west, and as much from north to south,
stored with vast treasures of materials, necessary for the trade and
manufactures of Great-Britain; and from its climate, and the
fruitfulness of its soil, capable, under proper management, of producing
in the greatest plenty, most of the commodities which are imported into
Europe from those parts of America subject to the English government;[A]
and as, in return, they would take our manufactures, the advantages of
this trade would soon become so great, that it is evident this subject
merits the regard and attention of the government.
[Footnote A: See note, page 109.]
EXTRACT
FROM A
REPRESENTATION
OF THE
INJUSTICE
AND
DANGEROUS TENDENCY
OF TOLERATING
SLAVERY;
OR
Admitting the least CLAIM of private Property in the Persons of Men in
_England_.
By GRANVILLE SHARP.
FIRST PRINTED IN LONDON.
MDCCLXIX.
CONTENTS.
_The occasion of this Treatise. All Persons during their residence in_
Great Britain _are subjects; and as such, bound to the laws, and under
the Kings protection. By the English laws, no man, of what condition
soever, to be imprisoned, or any way deprived of his_ LIBERTY, _without
a legal process. The danger of_ Slavery _taking place in England.
Prevails in the Northern Colonies, notwithstanding the people's plea in
favour of_ Liberty. _Advertisements in the New-York Journal for the sale
of_ SLAVES. _Advertisements to the same purpose in the public prints in
England. The danger of confining any person without a legal warrant.
Instances of that nature. Note, Extract of several American laws,
Reflexions thereon._
EXTRACT, &C.
Some persons respectable in the law, having given it as their opinion,
"_That a slave, by coming from the West Indies to Great Britain or
Ireland, either with or without his master, doth not become free, or
that his master's property or right in him is not thereby determined or
varied;--and that the master may legally compel him to return again to
the plantations_,"--this causes our author to remark, that these
lawyers, by thus stating the case merely on one side of the question, (I
mean in favour of the master) have occasioned an unjust presumption and
prejudice, plainly inconsistent with the laws of the realm, and against
the other side of the question; as they have not signified that their
opinion was only conditional, and not absolute, and must be understood
on the part of the master, "_That he can produce an authentic agreement
or contract in writing, by which it shall appear, that the said slave
hath voluntarily bound himself, without compulsion or illegal duress_."
Page 5. Indeed there are many instances of persons being freed from
slavery by the laws of England, but (God be thanked) there is neither
law, nor even a precedent, (at least I have not been able to find one)
of a legal determination to justify a master in claiming or detaining
any person whatsoever as a slave in England, who has not voluntarily
bound himself as such by a contract in writing.
Page 20. An English subject cannot be made a slave without his own free
consent: but--a foreign slave is made a subject with or without his own
consent: there needs no contract for this purpose, as in the other case;
nor any other act or deed whatsoever, but that of his being landed in
England; For according to statute 32d of Henry VIII. c. 16. Sect. 9.
"_Every alien or stranger born out of the King's obeisance, not being
denizen, which now or hereafter shall come into this realm, or elsewhere
within the King's dominions, shall, after the said first of September
next coming, be bounden by and unto the laws and statutes of this realm,
and to all and singular the contents of the same._"
Now it must be observed, that this law makes no distinction of _bond or
free_, neither of colours or complexions, whether of _black, brown_, or
_white_; for "_every alien or stranger_ (without exception) _are bounden
by and unto the law_, &c."
This binding, or obligation, is properly expressed by the English word
_ligeance, (à ligando_) which may be either perpetual or temporary.
Wood, b. I. c. 3. p. 37. But one of these is indispensably due to the
Sovereign from all ranks and conditions of people; their being bounden
unto the laws, (upon which the Sovereign's right is founded) expresses
and implies this subjection to the laws; and therefore to alledge, that
an alien is not a subject, because he is in bondage, is not only a plea
without foundation, but a contradiction in terms; for every person who,
in any respect, is in subjection to the laws, must undoubtedly be a
subject.
I come now to the main point--"_That every man, woman, or child, that
now is, or hereafter shall be, an inhabitant or resiant of this kingdom
of England, dominion of Wales, or town of Berwick upon Tweed,_" is, in
some respect or other, the _King's subject_, and, as such, is absolutely
secure in his or her _personal liberty_, by virtue of a statute, 31st
Car. II. ch. 11. and particularly by the 12th Sect. of the same, wherein
subjects of all conditions are plainly included.
This act is expressly intended for the better securing the liberty of
the subject, and for prevention of imprisonment beyond the seas. It
contains no distinction of "_natural born, naturalized, denizen, or
alien subject; nor of white or black, freemen, or even of bond-men_,"
(except in the case already mentioned _of a contract in writing_, by
which it shall appear, _that the said slave has voluntarily bound
himself, without compulsion or illegal duress_, allowed by the 13th
Sect. and the exception likewise in the 14th Sect. concerning felons)
but they are all included under the general titles of "_the subject, any
of the said subjects, every such person_" &c. Now the definition of the
word "_person_," in its relative or civil capacity (according to Wood.
b. I. c. 11. p. 27.) _is either the King, or a subject_. These are the
_only capital distinctions_ that can be made, tho' the latter consists
of a variety of denominations and degrees.
But if I were even to allow, that a _Negroe slave_ is not a subject,
(though I think I have clearly proved that he is) yet it is plain that
such an one ought not to be denied the benefit of the King's court,
unless the slave-holder shall be able to prove likewise that he is not,
a _Man_; because _every man_ may be _free_ to sue for, and _defend his
right in our courts_, says a stat. 20th Edw. III. c. 4. and elsewhere,
according to law. And _no man, of what estate or condition_ that he be,
(here can be no exception whatsoever) _shall be put out of land or
tenement, nor taken, nor imprisoned, nor disinherited, nor put to death,
without being brought in answer by due process of the law_. 28th Edw.
III, c. 3, _No man_ therefore, _of what estate or condition that he be_,
can lawfully be detained in England _as a slave_; because we have no law
whereby a man _may be_ condemned to _slavery_ without his own consent,
(for even convicted felons must "_in open court pray to transported_.")
(See Habeas Corpus act, Sect. 14.) and therefore there cannot be any
"_due process of the law_" tending to so base a purpose. It follows
therefore, that every man, who presumes to detain _any person_
whatsoever as a slave, otherwise than by virtue of a written contract,
acts manifestly without "_due process of the law_," and consequently is
liable to the slave's "_action of false imprisonment_," because "_every
man may be free to sue_," &c. so that the slave-holder cannot avail
himself of his imaginary _property_, either by the assistance of the
common law, or of a court of equity, (_except it appears that the said
slave has voluntarily bound himself, without compulsion or illegal
duress_) for in both his suit will certainly appear both unjust and
indefensible. The former cannot assist him, because the statute law at
present is so far from supposing any man in a state of slavery, that it
cannot even permit such a state, except in the two cases mentioned in
the 13th and 14th Section of the Habeas Corpus act; and the courts of
equity likewise must necessarily decide against him, because his mere
mercenary plea of _private property_ cannot equitably, in a case between
_man and man_, stand in competition with that _superior property_ which
every man must necessarily be allowed to have in his own _proper
person_.
How then is the slave-holder to secure what he esteems his _property?_
Perhaps he will endeavour clandestinely to seize the supposed slave, in
order to transport him (with or without _his consent_) to the colonies,
where such property is allowed: but let him take care what he does, the
very attempt is punishable; and even the making over his property to
another for that purpose, renders him equally liable to the severe
penalties of the law, for a bill of sale may certainly be included under
the terms expressed in the Habeas Corpus act, 12th Sect. viz. "_Any
warrant or writing for such commitment, detainer, imprisonment, or
transportation," &c._ It is also dangerous for a counsellor, or any
other person _to advise_ (see the act "shall be advising") such
proceedings, by saying, "_That a master may legally compel him_ (the
slave) _to return again to the plantations_." Likewise an attorney,
notary-public, or any other person, who shall presume to draw up,
negotiate, of even to witness a bill of sale, or other instrument for
such commitment, &c. offends equally against the law, because "_All, or
any person or persons, that shall frame, contrive, write, seal, or
countersign any warrant or writing for such commitment, detainer,
imprisonment, or transportation; or shall be advising, aiding, or
assisting in the same, or any of them_," are liable to all the penalties
of the act. "_And the plaintiff, in every such action, shall have
judgment to recover his treble costs, besides damages; which damages so
to be given shall not be less than five hundred pounds_;" so that the
injured may have ample satisfaction for their sufferings: and even a
judge may not direct or instruct a jury contrary to this statute,
whatever his private opinion may be concerning property in slaves;
because _no order or command, nor no injunction_, is allowed to
interfere with this _golden act of liberty_.