includes _all strangers whatsoever_, and renders them _subject_ to the
King, and the laws, during their residence in this kingdom; and this is
certainly true, whether the aliens be Turks, Moors, Arabians, Tartars,
or even savages, from any part of the world.--Men are rendered obnoxious
to the laws by their offences, and not by the particular denomination of
their rank, order, parentage, colour, or country; and therefore, though
we should suppose that any particular body of people whatsoever were not
known, or had in consideration by the legislature at the different times
when the severe penal laws were made, yet no man can reasonably
conceive, that such men are exempted on this account from the penalties
of the said laws, when legally convicted of having offended against
them.
Laws calculated for the moral purpose of preventing oppression, are
likewise usually supposed to be everlasting, and to make up a part of
our happy constitution; for which reason, though the kind of oppression
to be guarded against, and the penalties for offenders, are minutely
described therein, yet the persons to be protected are comprehended in
terms as general as possible; that "_no person who now is, or hereafter
shall be, an inhabitant or resiant in this kingdom_," (see Habeas Corpus
act, Sect. 12th) may seem to be excluded from protection. The general
terms of the several statutes before cited, are so full and clear, that
they admit of no exception whatsoever; for all persons (Negroes as well
as others) must be included in the terms "the subject;"--"_no subject of
this realm that now is, or hereafter shall be, an inhabitant, &c. any
subject; every such person_;" see Habeas Corpus act. Also _every man_
may be _free_ to sue, &c. 20th Edward III. cap. 4. and _no man, of what
estate or condition that he be_, shall be taken or imprisoned, &c. True
justice makes no respect of persons, and can never deny, to any one that
blessing to which all mankind have an undoubted right, their _natural
liberty_: though the law makes no mention of Negroe slaves, yet this is
no just argument for excluding them from the general protection of our
happy constitution.
Neither can the objection, that Negroe slaves were not "had in
consideration or contemplation," when these laws were made, prove any
thing against them; but, on the contrary, much in their favour; for both
these circumstances are strong presumptive proofs, that the practice of
importing slaves into this kingdom, and retaining them as such, is an
innovation entirely foreign to the spirit and intention of the laws now
in force.
--Page 79. A toleration of slavery is, in effect, a toleration of
inhumanity; for there are wretches in the world who make no scruple to
gain, by wearing out their slaves with continual labour, and a scanty
allowance, before they have lived out half their natural days. It is
notorious, that this is too often the case in the unhappy countries
where slavery is tolerated.
See the account of the European settlements in America, Part VI. Chap.
11. concerning the "_misery of the Negroes, great waste of them_," &c.
which informs us not only of a most scandalous profanation of the Lord's
day, but also of another abomination, which must be infinitely more
heinous in the sight of God, viz. oppression carried to such excess, as
to be even destructive of the human species.
At present, the inhumanity of constrained labour in excess, extends no
farther in England than to our beasts, as post and hackney-horses,
sand-asses, &c.
But thanks to our laws, and not to the general good disposition of
masters, that it is so; for the wretch who is bad enough to maltreat a
helpless beast, would not spare his fellow man if he had him as much in
his power.
The maintenance of civil liberty is therefore absolutely necessary to
prevent an increase of our national guilt, by the addition of the horrid
crime of tyranny.--Notwithstanding that the plea of necessity cannot
here be urged, yet this is no reason why an increase of the practice is
not to be feared.
Our North American colonies afford us a melancholy instance to the
contrary; for though the climate in general is so wholesome and
temperate, that it will not authorise this plea of necessity for the
employment of slaves, any more than our own, yet the pernicious practice
of slave-holding is become almost general in those parts. At New-York,
for instance, the infringement on civil or domestic liberty is become
notorious, notwithstanding the political controversies of the
inhabitants in praise of liberty; but no panegyric on this subject
(howsoever elegant in itself) can be graceful or edifying from the mouth
or pen of one of those provincials, because men who do not scruple to
detain others in slavery, have but a very partial and unjust claim to
the protection of the laws of liberty; and indeed it too plainly appears
that they have no real regard for liberty, farther than their own
private interests are concerned; and (consequently) that they have so
little detestation of despotism and tyranny, that they do not scruple to
exercise them whenever their caprice excites them, or their private
interest seems to require an exertion of their power over their
miserable slaves.
Every petty planter, who avails himself of the service of slaves, is an
arbitrary monarch, or rather a lawless Bashaw in his own territories,
notwithstanding that the imaginary freedom of the province wherein he
resides, may seem to forbid the observation.
The boasted liberty of our American colonies, therefore, has so little
right to that sacred name, that it seems to differ from the arbitrary
power of despotic monarchs only in one circumstance, viz. that it is a
_many-headed monster of tyranny_, which entirely subverts our most
excellent constitution; because liberty and slavery are so opposite to
each other, that they cannot subsist in the same community. "_Political
liberty (in mild or well regulated governments) makes civil liberty
valuable; and whosoever is deprived of the latter, is deprived also of
the former_." This observation of the learned Montesquieu, I hope
sufficiently justifies my censure of the Americans for their notorious
violation of civil liberty;--The New-York Journal, or, The General
Advertiser, for Thursday, 22d October, 1767, gives notice by
advertisement, of no less than eight different persons who have escaped
from slavery, or are put up to public sale for that horrid purpose.
That I may demonstrate the indecency of such proceedings in a free
country, I shall take the liberty of laying some of these advertisements
before my readers, by way of example.
"_To be SOLD for want of Employment_, A likely strong active Negroe man,
of about 24 years of age, this country born, (_N.B._ A natural born
subject) understands most of a baker's trade, and a good deal of farming
business, and can do all sorts of house-work.--Also a healthy Negroe
wench, of about 21 years old, is a tolerable cook, and capable of doing
all sorts of house-work, can be well recommended for her honesty and
sobriety: she has a female child of nigh three years old, which will be
sold with the wench if required, &c." Here is not the least
consideration, or scruple of conscience, for the inhumanity of parting
the mother and young child. From the stile, one would suppose the
advertisement to be of no more importance than if it related merely to
the sale of a cow and her calf; and that the cow should be sold with or
without her calf, according as the purchaser should require.--But not
only Negroes, but even American Indians, are detained in the same
abominable slavery in our colonies, though there cannot be any
reasonable pretence whatsoever for holding one of these as private
property; for even if a written contract should be produced as a voucher
in such a case, there would still remain great suspicion, that some
undue advantage had been taken of the Indian's ignorance concerning the
nature of such a bond.
"_Run away, on Monday the 21st instant, from J----n T----, Esq. of
West-Chester county, in the province of New-York_, An Indian slave,
named Abraham, he may have changed his name, about 23 years of age,
about five feet five inches."
Upon the whole, I think I may with justice conclude, that those
advertisements discover a shameless prostitution and infringement on the
common and natural rights of mankind--But hold! perhaps the Americans
may be able, with too much justice, to retort this severe reflexion, and
may refer us to news-papers published even in the free city of London,
which contain advertisements not less dishonourable than their own. See
advertisement in the Public Ledger of 31st December, 1761.
"_For SALE, A healthy NEGROE GIRL_, aged about fifteen years; speaks
good English, works at her needle, washes well, does houshold work, and
has had the small-pox. By J.W. &c."
Another advertisement, not long ago, offered a reward for stopping a
female slave who had left her mistress in Hatton-garden. And in the
Gazetteer of 18th April, 1769, appeared a very extraordinary
advertisement with the following title;
"_Horses, Tim Wisky, and black Boy_, To be sold at the Bull and Gate
Inn. Holborn, _A very good Tim Wisky_, little the worse for wear, &c."
Afterwards, "_A Chesnut Gelding_;" then, "_A very good grey Mare_;" and
last of all, (as if of the least consequence) "_A well-made
good-tempered black Boy_, he has lately had the small-pox, and will be
sold to any gentleman. Enquire as above."
Another advertisement in the same paper, contains a very particular
description of a Negroe man, called _Jeremiah_,--and concludes as
follows:--"Whoever delivers him to Capt. M---- U----y, on board the
Elizabeth, at Prince's Stairs, Rotherhithe, on or before the 31st
instant, shall receive thirty guineas reward, or ten guineas for such
intelligence as shall enable the Captain, or his master, effectually to
secure him. The utmost secrecy may be depended on." It is not on account
of shame, that men, who are capable of undertaking the desperate and
wicked employment of kidnappers, are supposed to be tempted to such a
business, by a promise "_of the utmost secrecy_;" but this must be from
a sense of the unlawfulness of the act proposed to them, that they may
have less reason to fear a prosecution. And as such a kind of people are
supposed to undertake any thing for money, the reward of thirty guineas
was tendered at the top of the advertisement, in capital letters. No man
can be safe, be he white or black, if temptations to break the laws are
so shamefully published in our news-papers.
_A Creole Black boy_ is also offered to sale, in the Daily Advertiser of
the same date.
Besides these instances, the Americans may, perhaps, taunt us with the
shameful treatment of a poor Negroe servant, who not long ago was put up
to sale by public auction, together with the effects of his bankrupt
master.--Also, that the prisons of this free city have been frequently
prostituted of late, by the tyrannical and dangerous practice of
confining Negroes, under the pretence of slavery, though there have been
no warrants whatsoever for their commitment.
This circumstance of confining a man without a warrant, has so great a
resemblance to the proceedings of a Popish inquisition, that it is but
too obvious what dangerous practices such scandalous innovations, if
permitted to grow more into use, are liable to introduce. No person can
be safe, if wicked and designing men have it in their power, under the
pretence of private property as a slave, to throw a man clandestinely,
without a warrant, into goal, and to conceal him there, until they can
conveniently dispose of him.
A free man may be thus robbed of his liberty, and carried beyond the
seas, without having the least opportunity of making his case known;
which should teach us how jealous we ought to be of all imprisonments
made without the authority, or previous examination, of a civil
magistrate.
The distinction of colour will, in a short time, be no protection
against such outrages, especially as not only Negroes, but Mulatoes, and
even American Indians, (which appears by one of the advertisements
before quoted) are retained in slavery in our American colonies; for
there are many honest weather-beaten Englishmen, who have as little
reason to boast of their complexion as the Indians. And indeed, the more
northern Indians have no difference from us in complexion, but such as
is occasioned by the climate, or different way of living. The plea of
private property, therefore, cannot, by any means, justify a private
commitment of any person whatsoever to prison, because of the apparent
danger and tendency of such innovation. This dangerous practice of
concealing in prison was attempted in the case of Jonathan Strong; for
the door-keeper of the P----lt----y C----pt----r (or some person who
acted for him) absolutely refused, for two days, to permit this poor
injured Negro to be seen or spoke with, though a person went on purpose,
both those days, to demand the same.--All laws ought to be founded upon
the principle of "_doing as one would be done by_;" and indeed this
principle seems to be the very basis of the English constitution; for
what precaution could possibly be more effectual for that purpose, than
the right we enjoy of being judged by our Peers, creditable persons of
the vicinage; especially, as we may likewise claim the right of
excepting against any particular juryman, who might be suspected of
partiality.
This law breathes the pure spirit of liberty, equity, and social love;
being calculated to maintain that consideration and mutual regard which
one person ought to have for another, howsoever unequal in rank or
station.
But when any part of the community, under the pretence of private
property, is deprived of this common privilege, it is a violation of
civil liberty, which is entirely inconsistent with the social principles
of a free state.
True liberty protects the labourer as well as his Lord; preserves the
dignity of human nature, and seldom fails to render a province rich and
populous; whereas, on the other hand, a toleration of slavery is the
highest breach of social virtue, and not only tends to depopulation, but
too often renders the minds of both masters and slaves utterly depraved
and inhuman, by the hateful extremes of exaltation and depression.
If such a toleration should ever be generally admitted in England,
(which God forbid) we shall no longer deserve to be esteemed a civilized
people; because, when the customs of uncivilized nations, and the
_uncivilized customs which disgrace our own colonies_, are become so
familiar as to be permitted amongst us with impunity, we ourselves must
insensibly degenerate to the same degree of baseness with those from
whom such bad customs were derived; and may, too soon, have the
mortification to see the _hateful extremes of tyranny and slavery
fostered under every roof_.
Then must the happy medium of a well regulated liberty be necessarily
compelled to find shelter in some more civilized country: where social
virtue, and that divine precept, "_Thou shalt love thy neighbour as
thyself_," are better understood.
An attempt to prove the dangerous tendency, injustice, and disgrace of
tolerating slavery amongst Englishmen, would, in any former age, have
been esteemed as superfluous and ridiculous, as if a man should
undertake, in a formal manner, to prove, that darkness is not light.
Sorry am I, that the depravity of the present age has made a
demonstration of this kind necessary.
Now, that I may sum up the amount of what has been said in a single
sentence, I shall beg leave to conclude in the words of the great Sir
Edward Coke, which, though spoken on a different occasion, are yet
applicable to this; see Rushworth's Hist. Col. An. 1628. 4 Caroli. fol.
450.
"It would be no honour to a King or kingdom, to be a King of bondmen or
slaves: the end of this would be both _dedecus_[A] and _damnum_[B] both
to King and kingdom, that in former times have been so renowned."
[Footnote A: Disgrace.]
[Footnote B: Loss.]
* * * * *
Note, at page 63; According to the laws of Jamaica, printed in London,
in 1756, "If any slave having been one whole year in this island, (says
an act, No 64, clause 5, p. 114) shall run away, and continue absent
from his owner's service for the space of thirty days, upon complaint
and proof, &c. before any two justices of the peace, and three
freeholders, &c. it shall and may be lawful for such justices and
freeholders to order such slave to be punished, by _cutting off one of
the feet of such slave_, or inflict such other corporal punishment as
they _shall think fit_." Now that I may inform my readers, what corporal
punishments are sometimes thought fit to be inflicted, I will refer to
the testimony of Sir Hans Sloane, (see voyage to the islands of Madeira,
Barbadoes, &c. and Jamaica, with the natural history of the last of
these islands, &c. London 1707. Introduction, p. 56, and 57.) "The
punishment for crimes of slaves (says he) are usually, for _rebellions_,
burning them, by nailing them down to the ground with crooked sticks on
every limb, and then applying the fire, by degrees, from the feet and
hands, and burning them gradually up to the head, whereby _the pains are
extravagant_; for crimes of a lesser nature, _gelding_, or _chopping off
half the foot_ with an axe. These punishments are suffered by them with
great constancy.--For negligence, they are usually whipped by the
overseers with lance-wood switches, till they be bloody, and several of
the switches broken, being first tied up by their hands in the mill
houses.--After they are whipped till they are raw, some put on their
skins pepper and salt, to make them smart; at other times, their masters
will drop melted wax on their skins, and use several _very exquisite
torments_." Sir Hans adds, "These punishments are sometimes merited by
the Blacks, who are a very perverse generation of people; and though
they appear very harsh, yet are scarce equal to some of their crimes,
and inferior to what punishments other European nations inflict on their
slaves in the East-Indies, as may be seen by Moquet, and other
travellers." Thus Sir Hans Sloane endeavours to excuse those shocking
cruelties, but certainly in vain, because no crimes whatsoever can merit
such severe punishments, unless I except the crimes of those who devise
and inflict them. Sir Hans Sloane, indeed, mentions _rebellion_ as the
principal crime; and certainly it is very justly esteemed a most heinous
crime, in a land of liberty, where government is limited by equitable
and just laws, if the same are tolerably well observed; but in countries
where arbitrary power is exercised with such intolerable cruelty as is
before described, if resistance be a crime, it is certainly the most
natural of all others.
But the 19th clause of the 38th act, would indeed, on a slight perusal,
induce us to conceive, that the punishment for rebellion is not so
severe as it is represented by Sir Hans Sloane; because a slave, though
_deemed rebellious_, is thereby condemned to no greater punishment than
transportation. Nevertheless, if the clause be thoroughly considered, we
shall find no reason to commend the mercy of the legislature; for it
only proves, that the Jamaica law-makers will not scruple to charge the
slightest and most natural offences with the most opprobrious epithets;
and that a poor slave, who perhaps has no otherwise incurred his
master's displeasure than by endeavouring (upon the just and warrantable
principles of self-preservation,) to escape from his master's tyranny,
without any criminal intention whatsoever, is liable to be _deemed
rebellious_, and to be arraigned as a capital offender. "For every slave
and slaves that shall run away, and continue but for the space of twelve
months, except such slave or slaves as shall not have been three years
in this island, shall be _deemed rebellious_," &c. (see act 38, clause
19. p. 60.) Thus we are enabled to define what a West Indian tyrant
means by the word _rebellious_. But unjust as this clause may seem, yet
it is abundantly more merciful and considerate than a subsequent act
against the same poor miserable people, because the former assigns no
other punishment for persons so _deemed rebellious_, than that they,
"_Shall be transported_ by order of two justices and three freeholders,"
&c. whereas the latter spares not the blood of these poor injured
fugitives: For by the 66th act, a reward of 50 pounds is offered to
those who "shall kill or bring in alive any _rebellious slaves_," that
is, any of these unfortunate people whom the law has "_deemed
rebellious_," as above; and this premium is not only tendered to
commissioned parties (see 2d. clause) but even to any private "_hunter,
slave, or other person_," (see 3d. clause.) Thus it is manifest, that
the law treats these poor unhappy men with as little ceremony and
consideration as if they were merely wild beasts. But the innocent blood
that is shed in consequence of such a detestable law, must certainly
call for vengeance on the murderous abettors and actors of such
deliberate wickedness: And though many of the guilty wretches should
even be so hardened and abandoned as never afterwards to be capable of
sincere remorse, yet a time will undoubtedly come, when they will
shudder with dreadful apprehensions, on account of the insufficiency of
so wretched an excuse, as that their poor murdered brethren were by law
"_deemed rebellious_" But bad as these laws are, yet in justice to the
freeholders of Jamaica, I must acknowledge, that their laws are not near
so cruel and inhuman as the laws of Barbadoes and Virginia, and seem at
present to be much more reasonable than they have formerly been; many
very oppressive laws being now expired, and others less severe enacted
in their room.
But it is far otherwise in Barbadoes; for by the 329th act, p. 125. "If
any Negro or other slave, under punishment by his master, or his order,
for running away, or any other crimes or misdemeanors towards his said
master, unfortunately shall suffer in life, or member, (which seldom
happens) (but it is plain by this law that it does sometimes happen) _no
person whatever shall be liable to any fine therefore; but if any man
shall, of wantonness or only of bloody-mindedness, or cruel intention,
wilfully kill a Negroe or other slave of his own_;"--now the reader, to
be sure, will naturally expect, that some very severe punishment must in
this case be ordained, to deter the _wanton, bloody-minded, and cruel_
wretch, from _wilfully killing_ his fellow creatures; but alas! the
Barbadian law-makers have been so far from intending to curb such
abandoned wickedness, that they have absolutely made this law on purpose
to skreen these enormous crimes from the just indignation of any
righteous person, who might think himself bound in duty to prosecute a
bloody-minded villain; they have therefore presumptuously taken upon
them to give a sanction, as it were, by law, to the horrid crime of
wilful murder; and have accordingly ordained, that he who is guilty of
it in Barbadoes, though the act should be attended with all the
aggravating circumstances before-mentioned--"_shall pay into the public
treasury_ (no more than) _fifteen pounds sterling_," but if he shall
kill another man's, he shall pay the owner of the Negroe double the
value, and into the public treasury _twenty-five pounds sterling_; and
he shall further, by the next justice of the peace, be bound to his good
behaviour during the pleasure of the governor and council, _and not be
liable to any other punishment or forfeiture for the same_.
The most consummate wickedness, I suppose, that any body of people,
under the specious form of a legislature, were ever guilty of! This act
contains several other clauses which are shocking to humanity, though
too tedious to mention here.