Contra Neptunum et Venerem, contraque Minervam

Tela tenent.”

But it is neither on facts nor on arguments that slavery seems now to

depend for protection. It neither doubles, nor stands at bay. It has

neither the ingenuity of the hare, nor the intrepidity of the lion. It

defends itself, like the hunted polecat, by the loathsomeness with which

it taints the atmosphere around it; and hopes to escape, by disgusting

those whom it can neither weary nor subdue. We could say much on this

subject. But the sum is, that “the worm will do his kind”--and we have

a more important task to perform. It is our intention to analyse, very

concisely, the valuable work of Mr. Stephen, (1) and afterwards to offer

to our readers some remarks which the perusal of it has suggested.

Mr. Stephen begins, by inquiring into the origin and authority of the

Colonial Slave-laws. It has been commonly supposed in England, that

there exists some known local law in the Colonies, distinct from the law

of England, by which the bondage of the Negro has been introduced and

defined. There is, however, no such law. The Colonists could, at no

time, venture to present an act for such a purpose to an

(1) Mr. Stephen’s work cannot, of course, embrace any

changes which may have taken place in West Indian

Legislation during the last eighteen months or two years.

Some partial modifications of the former code may have taken

place during that time in three or four of the colonies, but

these do not affect the general results.

English {305}sovereign. The Spanish conquerors and the roving pirates

of the Antilles had established that state: and the English settlers

considered themselves as succeeding to the rights of the original

despoilers of America. Those rights, as they at that time existed, may

be summed up in one short and terrible maxim,--that the slave is _the

absolute property_ of the master. It is desirable that this should be

known; because, although a few restraining statutes have of late years

been passed, this odious principle is still the basis of all West Indian

legislation. It is pre-supposed in all meliorating acts. It is the rule,

and the restraints are exceptions. In the benefits which every other

English subject derives from the common law, the Negro has no share. His

master may lawfully treat him as he pleases, except in points regulated

by express enactment.

Mr. Stephen proceeds to analyze the legal nature of the relation between

the master and the slave. Throughout the West Indies, slavery is a

constrained service,--a service without wages. In some of the colonies,

indeed, there are acts which regulate the time of labour, and the amount

of the subsistence which shall be given in return. But, from causes

to which we shall hereafter advert, these acts are nugatory. In other

islands, even these ostensible reforms have not taken place: and the

owner may legally give his slaves as much to do, and as little to eat,

as he thinks fit.

In all the islands, the master may legally imprison his slave. In all

the islands he may legally flog him; and in some of the islands he may

legally flog him at his discretion. The best of the meliorating acts

promise little, and perform less. By some of them it is enacted, that

the slave shall not be flogged, till recovered from the effects of his

last flogging--by others, that he shall not receive more than a certain

number of lashes in one day. These laws, useless as they are, have a

meaning. But there are others which add insult to cruelty. In some of

the Colonial Codes, there are facetious provisions that the slave shall

not receive more than a certain number of lashes at one time, or for

one fault. What is the legal definition of a time? Or who are the legal

judges of a fault? If the master should chuse to say that it is a

fault in his slave to have woolly hair, whom does the law authorize to

contradict him?

It is just to say, that the murder of a slave is now a capital

{306}crime. But the West Indian rules of evidence, to which we shall

hereafter call the attention of onr readers, render the execution of

the laws on this subject almost impossible. The most atrocious kinds of

mutilation,--even those which in England are punished with death,--when

committed upon the person of a slave, subject the offender only to a

fine, or to a short imprisonment. In Dominica, for instance, “to maim,

deface, mutilate, or cruelly torture” a slave, is a crime which is to

be expiated by a fine not exceeding one hundred pounds currency, or

by imprisonment not exceeding the term of three months, By the law of

Jamaica, a master who perpetrates any outrage short of murder on the

person of a slave, is subject to a fine not exceeding one hundred pounds

currency, or to imprisonment not exceeding the term of 12 months. In

very atrocious cases, the court may direct the enfranchisement of the

slave. But this, though a benefit, as far as it goes, to the Negro, is a

very slight aggravation of the punishment of the master. At most, it is

only an addition of a few pounds to the fine. And as the possession of a

slave who has been maimed in such a maimer as to render him helpless, is

rather burdensome than profitable, it would, in many eases, be really an

advantage to the criminal.

If these terrible prerogatives were confined to the master alone, the

condition of the slave would be suficiently wretched. Yet it would not

be without alleviations. The proprietor might sometimes be restrained by

a sense of his pecuniary interest, if not by higher considerations,

from those extreme outrages, against which the law affords so scanty a

protection. At all events, during his absence, his Negroes would enjoy

an interval of security. Unhappily, the Colonial Codes permit all the

representatives and agents of the master, black and white, bond and

free, to exercise most of his despotic powers.

We have seen that the slave has no legal property in his own body. It

is almost unnecessary to say, that he has no property in any thing

else,--that all his acquisitions belong, like himself, to his master. He

is, in fact, a chattel. We should rather say, that to serve the purpose

of rapacity and tyranny, he is alternately considered as real and as

personal property. He may be sold or bequeathed at the pleasure of his

master, he may be put up to auction by process of law, for {307}the

benefit of the creditors or legatees of his master. In either of

these ways he may be, in a moment, torn for ever from his home, his

associates, his own children. He is, in addition to this, legally

a subject of mortgages, demises, leases, settlements in tail, in

remainder, and in reversion. The practice of raising money on this

species of property, is favoured by the laws of all the Colonies, and

has been equally fatal to the owner and to the slave. It is fatal to

the owner, because it enables him to risk capital not his own, in the

precarious lottery of the West Indian sugar trade. It is fatal to the

slave, because, in the first place, while it leaves to the master all

his power to oppress, it deprives him of his power to manumit; and

secondly, because it leads the master to keep possession of his Negroes,

and to compel them to labour, when he has no prospect of holding them

long, and is therefore naturally inclined to make as much by them, and

to spend as little upon them as possible,--a fact amply proved by the

miserable state in which the gang is generally found, when transferred

from the ruined planter to the half ruined mortgagee.

Such is the legal condition of the Negro, considered with reference to

his master. We shall proceed to examine into the nature of the relation

in which he stands towards free persons in general.

He is not competent to be a party to any civil action, either as

plaintiff or defendant; nor can he be received as informant or

prosecutor against any person of free condition. He is protected only

as a horse is protected in this country. His owner may bring an action

against any person who may have occasioned the loss of his services.

But it is plain that the slave may sustain many civil injuries, to which

this circuitous mode of obtaining redress is not applicable; and even

when it is applicable, the damages are awarded, not to the injured

party, but to his master. The protection which indictments and criminal

informations afford, is also of very narrow extent. Many crimes which,

when committed against a white man, are considered as most atrocious,

may be committed by any white man against a slave with perfect impunity.

To rob a slave, for instance, is, in most of the islands, not even

a misdemeanour. In this case, the grand principle of Colonial law is

suspended. The property of a slave, it seems, is considered as belonging

to his owner for the purpose {308}of oppression, but not for the purpose

of protection. By the meliorating laws of some of the Colonies, the

crime of highway robbery upon a Negro, is punished by fines, which, as

far as we are informed, in no case exceed thirty pounds currency.

But this is not all. The natural right of self-defence is denied to the

slave. By the laws of almost all the islands, a slave who should defend

himself from murder or torture, to the injury of a White person, though

such White person should posess no authority whatever over him might be

punished with death.

We now come to the laws respecting the evidence of slaves,--laws which

the Colonists stoutly defend,--and with reason; for, while these remain

unaltered, the meliorating acts, feeble at best, must always be utterly

inefficient. The testimony of these unfortunate beings is not admissible

in any cause, civil or criminal, against a White person. To this general

rule there are, in a very few of the smaller Colonies, some partial

exceptions. It is needless to say, that every crime may be easily

perpetrated in a community of which only one member in ten is a

competent witness. The Government have pressed this point on the

consideration of the Colonial Assemblies. In Jamaica, the proposed

amendments were recently negatived by a majority of 34 to 1. In

Barbadoes they have met with a similar reception. The only excuse we

ever heard made for so disgraceful a law, is this, that the Negroes are

ignorant of the nature and obligations of an oath, and, in fact, are

scarcely responsible beings. But from this excuse the legislators of

Jamaica have excluded themselves, by enacting, that a slave who commits

perjury, in a criminal cause, against another slave, shall suffer the

same punishment as the prisoner, if convicted, would have suffered. If

a slave be ignorant of the nature of an oath, why is he admitted as a

witness against any human being? Why is he punished, in some cases,

with death, for an offence which subjects his more enlightened, and

therefore, more guilty master, only to transportation? If, on the other

hand, he possesses the moral and intellectual qualifications which

are required in a witness, why is he not suffered to appear against an

European?

But we must proceed. The slave, thus excluded from the protection of the

law, is subject to all its restraints. He undergoes {309}the miseries

of a beast of burden, without enjoying its immunities. He is bound,

notwithstanding that alleged inferiority of his understanding, which is

admitted as a reason for curtailing his rights, but not for lightening

his responsibility, by the whole of the criminal code which is in force

against free persons. And, in addition to this, he is subjected to

another most unjust and cruel code, made for his class alone. If he

flies from the colony, he is put to death. If he goes beyond the limits

of the plantation to which he is attached, without a written permission,

he is liable to be severely punished. Actions in themselves perfectly

innocent,--buying or selling certain goods in a market,--raising certain

descriptions of produce,--possessing certain species of live stock,--are

crimes for which the Negro is punished, unless he can produce a written

authority from his owner. In some of the Islands, not even the command of

his owner is admitted as an excuse. To beat a drum, to blow a horn, to

dance, to play at quoits, to throw squibs, to make fireworks, are

all offences when committed by a slave, and subject him to the cruel

chastisement of the whip. When things merely indifferent are visited

with such severe penalties, it may easily be imagined that real

delinquencies are not very mercifully dealt with. In fact, many

actions for which a White man is only imprisoned, or otherwise slightly

punished, if punished at all, are capital crimes when committed by a

slave. Such are stealing, or attempting to steal, to the value of 12d.

currency, killing any animal of the value of 6s., uttering mutinous

words, and a long list of equally heinous crimes. We have already

mentioned the infamous law which exists in Jamaica on the subject of

perjury. Another of a most kingly character is in force in the same

Isand. To compass or imagine the death of any of the White inhabitants,

(God bless their Majesties!) is an enormity for which a slave is

punished with death. It is contrary to the duty of their allegiance!

Such is the penal code to which the slaves are subject. The manner in

which they are tried is, if possible, still more disgraceful. On charges

which do not affect their lives, a single justice is, for the most part,

competent to decide. In capital cases, several justices must attend,

and, in most of the Colonies, a Jury is summoned, if that name can

be applied where there is neither parity of condition nor right of

challenge. {310}No indictment is preferred No previous investigation

takes place before a Grand Jury. In most of the Islands no record is

drawn up. In some, it is enacted, that the execution shall immediately

follow the sentence. The prisoner is now sufficiently lucky to be

hanged. But formerly it was not unusual to inflict what the Colonial

codes style “exemplary punishment.”

When it was thought expedient to exercise this right, the offender was

roasted alive, hung up in irons to perish by thirst, or shut up in a

cage and starved to death! These punishments were commonly reserved for

wretches who had committed the diabolical crime of insurrection against

the just and paternal government, of which we have feebly attempted to

delineate the excellence.

The bondage, of which we have given this description, is hereditary. It

is entailed on the posterity of the slave to the remotest generations.

The law does not compel his master to enfranchise him, on receiving a

fair price. On the contrary, it interferes to prevent the master, even

when so inclined, from giving him his liberty. In some of the islands

a direct tax is imposed on manumission; and in all, the encouragement

which is given to the practice of raising money on Negroes by mortgage,

tends to obstruct their liberation.

Slavery in the West Indies is confined to Negroes and people of colour.

This circumstance is peculiar to the slavery of the New World; and its

effects are most calamitous. The external peculiarities of the African

race are thus associated in the minds of the Colonists with every thing

degrading, and are considered as the disgusting livery of the most

abject servitude. Hence it is, that the free Negroes and Mulattoes

he under so many legal disabilities, and experience such contemptuous

treatment, that their condition can be esteemed desirable only when

compared with the bondage to which it has succeeded. Of the rules to

which this class is subjected, we shall notice only one of the most

odious. We speak of the presumption against liberty, which is a

recognised principle of colonial law. The West Indian maxim is, that

every Negro and Mulatto is to be considered as a slave, till, by

documentary evidence, he can be proved to be otherwise. It may

be notorious, that he has been free since he first resided in the

colony,--that he has lived twenty years in England,--that he is a

citizen of Hayti or Columbia. {311}All this is immaterial. If he cannot

produce a deed of manumission, he is liable to be put up to sale by

public auction! On this subject remarks would be superfluous. Thank God,

we are writing; for a free people.

We have now accompanied Mr. Stephen through most of the leading topics

of his work. We have occasionally departed from his arrangement, which

indeed is not always the most convenient. This, however, is to be

attributed, not to the author, but to the circumstances under which

the work was composed. If there be any thing else to which we should be

inclined to object, it is to the lengthened parallels which Mr. Stephen

draws between the Slave laws of the West Indies and those which have

existed in other countries. He is not, we think, too severe upon our

Colonists. But we suspect that he is a little too indulgent to the

Greeks and Romans. These passages are, at the same time, in a high

degree curious and ingenious, though perhaps too long and too frequent.

Such blemishes, however, if they can be called such, detract but in a

very slight degree from the value of a book eminently distinguished by

the copiousness and novelty of the information which it affords, by the

force of its reasoning, and by the energy and animation of its style.

We have not alluded to that part of the work, in which the lamentable

state of the law, on the subject of religious instruction, is described;

because the evil has been universally acknowledged, and something

intended for a remedy has at last been provided. The imagined specific,

as our readers are aware, is an Ecclesiastical Establishment. This

measure, we doubt not, is well intended. But we feel convinced that,

unless combined with other reforms, it will prove almost wholly

useless. The immorality and irreligion of the slaves are the necessary

consequences of their political and personal degradation. They are not

considered by the law as human beings. And they have therefore, in some

measure, ceased to be human beings. They must become men before they can

become Christians. A great effect may, under fortunate circumstances,

have been wrought on particular individuals: But those who believe that

any extensive effect can be produced by religious instruction on this

miserable race, may believe in the famous conversion wrought by St.

Anthony on the fish. Can a preacher prevail on his bearers strictly to

fulfil their conjugal duties in a country where {312}no protection is

given to their conjugal rights.--in a country where the husband and

wife may, at the pleasure of the master, or by process of law, be in an

instant, separated for ever? Can he persuade them to rest on the Sunday,

in Colonies where the law appoints that time for the markets? Is

there any lesson which a Christian minister is more solemnly bound

to teach,--is there any lesson which it is, in a religious point of

view,--more important for a convert to learn, than that it is a duty

to refuse obedience to the unlawful commands of superiors? Are the

new pastors of the slaves to inculcate this principle or not? In other

words, are the slaves to remain uninstructed in the fundamental laws

of Christian morality, or are their teachers to be hanged? This is

the alternative. We all remember that it was made a charge against Mr.

Smith, that he had read an inflammatory chapter of the Bible to his

congregation,--excellent encouragement for their future teachers to

“declare unto them,” according to the expression of an old divine, far

too methodistical to be considered as an authority in the West Indies,

“the whole counsel of God.”

The great body of the Colonists have resolutely opposed religious

instruction; and they are in the right. They know, though their

misinformed friends in England do not know, that Christianity and

slavery cannot long exist together. We have already given it us our

opinion, that the great body of the Negroes can never, while their

political state remains the same, be expected to become Christians. But,

if that were possible, we are sure that their political state would

very speedily be changed. At every step which the Negro makes in the

knowledge and discrimination of right and wrong, he will learn to

reprobate more and more the system under which he lives. He will not

indeed be so prone to engage in rash and foolish tumults; but he will be

as willing as he now is to struggle for liberty, and far more capable

of struggling with effect. The forms in which Christianity has been

at different times disguised, have been often hostile to liberty. But

wherever the spirit has surmounted the forms,--in France, during the

wars of the Huguenots,--in Holland, during the reign of Philip II.,--in

Scotland, at the time of the Reformation,--in England, through the

whole contest against the Stuarts, from their accession to their

expulsion.--in New-England, through its whole history,--in every

place,--{313}in every age,--it has inspired a hatred of oppression,

and a love of freedom! It would be thus in the West-Indies. The attempts

which have been made to press a few detached texts into the cause of

tyranny, have never produced any extensive effect. Those who cannot

refute them by reasoning and comparison, will be hurried forward by the

sense of intolerable wrongs, and the madness of wounded affection. All

this the Colonists have discovered; and we feel assured that they will

never suffer religious instruction to be unreservedly given to the

slaves. In that case, the Establishment will degenerate into a job.

This is no chimerical apprehension. There have been clergymen in

the West-Indies for many years past; and what have they done for the

Negroes? In what have they conduced, either to their temporal or to

their spiritual welfare? Doubtless there have been respectable men among

them. But is it not notorious, that the benefices of the colonies have

been repeatedly given to the outcasts of English society,--men whom the

inhabitants would not venture to employ as book-keepers, yet whom they

desired to retain as boon companions? Any person who will look over the

Parliamentary papers which contain the answers returned by the colonial

clergy to certain queries sent out a few years ago by Lord Bathurst,

will see some curious instances of the ignorance, the idleness, and the

levity of that body. Why should the new Establishment be less corrupt

than the old? The dangers to which it is exposed are the same; we do not

see that its securities are much greater. It has Bishops, no doubt; and

when we observe that Bishops are more active than their inferiors on

this side of the Atlantic, we shall begin to hope that they may be

useful on the other.

These reforms have begun at the wrong end. “God,” says old Hooker, no

enemy to Episcopal Establishments, “first assigned Adam maintenance for

life, and then appointed him a law to observe.” Our rulers would have

done well to imitate the example,--to give some security to the hearth

and to the back of the slave, before they sent him Bishops, Archdeacons,

and Chancellors and Chapters.

The work of Mr. Stephen has, we think, disposed forever of some of

the principal arguments which are urged by the Colonists. If those who

conscientiously support slavery be open to conviction, if its dishonest

advocates be susceptible of {314}shame, they can surely never again

resort to that mode of defence, which they have so often employed when

hard pressed by some particular case of oppression. On such occasions

their cry has been, “There are individual instances. You must not

deduce general conclusions from them. What would you say, if we were

to form our estimate of English society from the Police Reports, or the

Newgate Calendar? Look at the rules, and not at the exceptions.” Here,

then, we have those boasted rules. And what are they? We find that the

actions which other societies punish as crimes, are in the West Indies

sanctioned by law;--that practices, of which England affords no example

but in the records of the jail and the gibbet, are there suffered to

exist unpunished;--that atrocities may there be perpetrated in the

drawing-room or in the market-place, on the persons of untried and

unconvicted individuals, which here would scarcely find an asylum in the

vaults of the Blood-Bowl House.

Is it any answer to this charge, now most fully established, to say that

we too have our crimes? Unquestionably, under all systems, however wise,

under all circumstances, however fortunate, the passions of men will

incite them to evil. The most vigilant police, the most rigid tribunals,

the severest penalties, are but imperfect restraints upon avarice and

revenge. What then must be the ease when these restraints are withdrawn?

In England there is a legal remedy for every injury. If the first prince

of the blood, were to treat the poorest pauper in St. Giles’s as the

best code in the West Indies authorizes a master to treat his slave, it

would be better for him that he had never been born. Yet even here we

find, that wherever power is given, it is occasionally abused; that

magistrates, not having the fear of the Court of King’s Bench before

their eyes, will sometimes be guilty of injustice and tyranny, that even

parents will sometimes starve, torture, murder the helpless beings to

whom they have given life. And is it not evident, that where there are

fewer checks, there will be more cruelty?

But we are told, the manners of a people, the state of public opinion,

are of more real consequence than any written code. Many things, it is

confessed, in the Colonial laws, are cruel and unjust in theory: but

we are assured that the feeling of the Colonists renders the practical

operation of the system lenient and liberal. We answer, that publie

feeling, though {315}an excellent auxiliary to laws, always has been,

and always must be, a miserable and inefficient substitute for them. The

rules of evidence on which public opinion proceeds are defective, and

its decisions are capricious. Its condemnation frequently spares the

guilty, and falls on the innocent. It is terrible to sensitive and

generous minds; but it is disregarded by those whose hardened depravity

most requires restraint. Hence its decrees, however salutary, unless

supported by the clearer definitions and stronger sanctions of

legislation, will be daily and hourly infringed; and with principles

which rest only on public opinion, frequent infraction amounts to a

repeal. Nothing that is very common can be very disgraceful. Thus public

opinion, when not strengthened by positive enactment, is first defied,

and then vitiated. At best it is a feeble check to wickedness, and at

last it becomes its most powerful auxiliary.

As a remedy for the evils of a system of slavery, public opinion must be

utterly inefficacious; and that for this simple reason, that the opinion

of the slaves themselves goes for nothing. The desire which we feel to

obtain the approbation, and to avoid the censure of our neighbours,

is no innate or universal sentiment. It always springs, directly or

indirectly, from consideration of the power which others possess to

serve or to injure us. The good will of the lower orders, is courted

only in countries where they possess political privileges, and where

there is much they can give, and much that they can take away. Their

opinion is important or unimportant, in proportion as their legal rights

are great or small. It can, therefore, never be a substitute for legal

rights. Does a Smithfield drover care for the love or hatred of his

oxen? and yet his oxen, since the passing of Mr. Martin’s meliorating

act, are scarcely in a more unprotected condition than the slaves in our

islands.

The opinion then, which is to guard the slaves from the oppressions of

the privileged order, is the opinion of the privileged order itself. A

vast authority is intrusted to the master--the law imposes scarcely tiny

restraints upon him--and we are required to believe, that the place of

all other checks will be fully supplied by the general sense of those

who participate in his power and his temptations. This may be reason at

Kingston; but will it pass at Westminster? We are not inveighing against

the white inhabitants of the West {316}Indies. We do not say that they

are naturally more cruel or more sensual than ourselves. But we say that

they are men; and they desire to be considered as angels!--we say as

angels, for to no human being, however generous and beneficent, to no

philanthropist, to no fathers of the church, could powers like theirs be

safely intrusted. Such authority a parent ought not to have over his

children. They ask very complacently, “Are we men of a different species

from yourselves? We come among you;--we mingle with you in all your

kinds of business and pleasure;--we buy and sell with you on Change in

the morning;--we dance with your daughters in the evening. Are not our

manners civil? Are not our dinners good? Are we not kind friends, fair

dealers, generous benefactors? Are not our names in the subscription

lists of all your charities? And can you believe that we are such

monsters as the saints represent us to be? Can you imagine that, by

merely crossing the Atlantic, we acquire a new nature?” We reply, You

are not men of a different species from ourselves; and, therefore, we

will not give you powers with which we would not dare to trust

ourselves. We know that your passions are like ours. We know that your

restraints are fewer; and, therefore, we know that your crimes must be

greater. Are despotic sovereigns men of harder hearts by nature than

their subjects? Are they born with a hereditary thirst for blood--with a

natural incapacity for friendship? Surely not. Yet what is their general

character? False--cruel--licentious---ungrateful. Many of them have

performed single acts of splendid generosity and heroism; a few may be

named whose general administration has been salutary; but scarcely one

has passed through life without committing at least some one atrocious

act, from the guilt and infamy of which restricting laws would have

saved him and his victims. If Henry VIII. had been a private man, he

might have torn his wife’s ruff, and kicked her lap-dog. He was a King,

and he cutoff her head--not that his passions were more brutal than

those of many other men, but that they were less restrained. How many of

the West Indian overseers can boast of the piety and magnanimity of

Theodosius? Yet, in a single moment of anger, that amiable prince

destroyed more innocent people than all the ruffians in Europe stab in

fifty years. Thus it is with a master in the Colonies. We will suppose

him to be {317}a good natured man, but subject, like other men, to

occasional fits of passion. He gives an order. It is slowly or

negligently executed. In England he would grumble, perhaps swear a

little. In the West Indies, the law empowers him to indict a severe

flogging on the loiterer. Are we very uncharitable in supposing that he

will sometimes exercise his privilege?

It by no means follows that a person who is humane in England will be

humane to his Negroes in the West Indies. Nothing is so capricious and

inconsistent as the compassion of men. The Romans were people of the

same flesh and blood with ourselves--they loved their friends--they

cried at tragedies--they gave money to beggars;--yet we know their

fondness for gladiatorial shows. When, by order of Pompey, some

elephants were tortured in the amphitheatre, the audience was so shocked

at the yells and contortions by which the poor creatures expressed their

agony, that they burst forth into execrations against their favourite

general. The same people, in the same place, had probably often given

the fatal twirl of the thumb which condemned some gallant barbarian to

receive the sword. In our own time, many a man shoots partridges in such

numbers that he is compelled to bury them, who would chastise his son

for amusing himself with the equally interesting, and not more cruel

diversion, of catching flies and tearing them to pieces. The

drover goads oxen--the fishmonger crimps cod--the dragoon sabres a

Frenchman--the Spanish Inquisition burns a Jew--the Irish gentleman

torments a Catholic. These persons are not necessarily destitute of

feeling. Each of them would shrink from any cruel employment, except

that to which his situation has familiarized him.

There is only one way in which the West Indians will ever convince

the people of England that their practice is merciful, and that is,

by making their laws merciful. We cannot understand why men should so

tenaciously fight for powers which they do not mean to exercise. If the

oppressive privileges of the master be nominal and not real, let him

cede them, and silence calumny at once and for ever. Let him cede them

for his own honour. Let him cede them in compliance with the desire, the

vain and superfluous desire, we will suppose, of the people of England.

Is the repeal of laws which have become obsolete,--is the prohibition

{318}of crimes which are never committed, too great a return for a

bounty of twelve hundred thousand pounds, for a protecting duty most

injurious to the manufacturers of England and the cultivators of

Hindustan, for an army which alone protects from inevitable ruin the

lives and possessions of the Colonists?

The fact notoriously is, that West Indian manners give protection even

to those extreme enormities against which the West Indian laws provide.

We have already adverted to one of the most ordinary sophisms of our

opponents. “Why,” they exclaim, “is our whole body to be censured for

the depravity of a few? Every society has its miscreants. If we had our

Hodge, you had your Thurtell. If we had our Huggins, you had your Wall.

No candid reasoner will ground general charges on individual eases.” The

refutation is simple. When a community does nothing to prevent guilt, it

ought to bear the blame of it. Wickedness, when punished, is disgraceful

only to the offender. Unpunished, it is disgraceful to the whole

society. Our charge against the Colonists is not that crimes are

perpetrated among them, but that they are tolerated. We will give a

single instance. Since the West Indians are fond of referring to

our Newgate Calendar, we will place, side by side, a leaf from that

melancholy Register, and another from the West Indian Annals.

Mr. Wall was Governor at Goree. In that situation he flogged a man to

death, on pretence of mutiny. On his return to England, he was indicted

for murder. He escaped to the Continent. For twenty years he remained

in exile. For twenty years the English people retained the impression

of his crime uneffaced within their hearts. He shifted his residence--he

disguised his person--he changed his name,--still their eyes were upon

him, for evil, and not for good. At length, conceiving that all danger

was at an end, he returned. He was tried, convicted, and hanged, amidst

the huzzas of an innumerable multitude. (1)

Edward Huggins of Nevis, about fifteen years ago, flogged upwards of

twenty slaves in the public market-place, with such severity as to

produce the death of one, and to ruin the

(1) We should be far, indeed, from applauding those shouts,

if they were the exultation of cruelty; but they arose from

the apprehension that Court favour was about to save the

criminal; and the feeling expressed was for the triumph of

justice.

constitutions {319}of many. He had grossly violated the law of the

Colony, which prescribes a limit to such inflictions. He had violated it

in open day, and in the presence of a magistrate. He was indicted by

the law officer of the crown. His advocate acknowledged the facts, but

argued that the act on which he was tried, was passed only to silence

the zealots in England, and was never intended to be enforced. Huggins

was acquitted! But that was a trifle. Some members of the House of

Assembly lost their seats at the next election, for taking part against

him. A printer of a neighbouring island was convicted of a libel, merely

for publishing an official report of the evidence, transmitted to him by

authority. In a word, he was considered as a martyr to the common cause,

and grew in influence and popularity; while a most respectable planter,

an enlightened and accomplished gentleman, Mr. Tobin, who, nobly

despising the prejudices of his class, had called the attention of the

government to these diabolical outrages, was menaced with prosecutions,

assailed with slanders, and preserved only by blindness from challenges.

Let these cases be compared. We do not say that Wall was not as bad a

man as Huggins; but we do say that the English people have nothing to do

with the crime of Wall, and that the public character of the people of

Nevis suffers seriously by the crime of Huggins. They have adopted the

guilt, and they must share in the infamy. We know that the advocates

of slavery affect to deride this and similar narratives as old and

threadbare. They sneer at them in conversation, and cough them down in

the House of Commons. But it is in vain. They are written on the hearts

of the people; and they will be remembered when all the smooth nothings

of all the official defenders of such transactions are forgotten.

The truth is simply this. Bad laws and bad customs, reciprocally

producing and produced by each other, have given to the Whites in

all the slave islands--Dutch, Spanish, French and English--a peculiar

character, in which almost all the traits, which, in this quarter of the

world, distinguish the different nations, are lost. We think we describe

that character sufficiently when we call it the despotic character.

In nothing does this temper more strongly appear than in the rage and

contempt with which the Colonists receive{320} every command, and indeed

every admonition, from the authorities of the mother country. When the

territorial power and the commercial monopoly of the East India Company

haws been at stake, has that great body conducted itself thus? Do even

foreign powers treat us in this manner? We have often remonstrated with

the greatest sovereigns of the Continent on the subject of the slave

trade. We have been repulsed--we have been deluded. But by whom have

we been insulted? The representations of the King and people of England

have never been met with outrageous scorn and anger,--except by the men

who owe their food to our bounties, and their lives to our troops.

To the most gentle and moderate advice, to the suggestions of the most

respectable of the West Indian proprietors resident in England, they

reply only in ravings of absurd slander, or impotent defiance. The

essays in their newspapers, the speeches of their legislators, the

resolutions of their vestries, are, almost without exception,

mere collections of rancorous abuse, unmixed with argument. If the

Antislavery Society would publish a small tract, containing simply the

leading articles of five or six numbers of the Jamaica Gazette, without

note or comment, they would, we believe, do more to illustrate the

character of their adversaries than by any other means which can be

devised. Such a collection would exhibit to the country the real nature

of that malignant spirit which banished Salisbury, which destroyed

Smith, and which broke the honest heart of Ramsay.

It is remarkable, that most of these zealots of slavery have little or

no pecuniary interest in the question. If the colonies should be ruined,

the loss will fall, not upon the book-keepers, the overseers, the herd

of needy emigrants who make up the noisy circles of Jamaica; but upon

the Ellises, the Hibberts, the Mannings, men of the most respectable

characters and enlightened minds in the country. _They_ might have

been excused, if any person could be excused, for employing violent

and abusive language. Yet they have conducted themselves, not perhaps

exactly as we might wish them, but still like gentlemen, like men of

sense, like men of feeling. Why is this? Simply because they live in

England, and participate in English feelings. The Colonists, on the

other hand, are degraded by familiarity with oppression. Let us not be

deceived. The cry which resounds from the West {321}Indies is raised by

men, who are trembling less for their property than for the privileges

of their caste. These are the persons who love slavery for its own sake.

The declarations so often made by the Parliament, by the Ministers, by

the deadliest enemies of slavery, that the interests of all parties will

be fairly considered, and that wherever a just claim to compensation can

be established, compensation will be given, bring no comfort to

them. They may have no possessions, but they have white faces. Should

compensation be given, few of them will receive a sixpence; but they

will lose the power of oppressing with impunity every man who has a

black skin. And it is to these men, who have scarcely any interest

in the value of colonial property, but who have a deep interest,--the

interest of a petty tyranny, and a despicable pride in the maintenance

of colonial injustice, that the British Parliament is required to give

up its unquestionable right of superintendence over every part of our

empire. If this were requested as a matter of indulgence, or recommended

as a matter of expediency, we might well be surprised. But it is

demanded as a constitutional right. On what does this right rest? On

what statute? On what charter? On what precedent? On what analogy? That

the uniform practice of past ages has been against their claim, they

themselves do not venture to deny. Do they mean to assert, that a

parliament in which they are not represented ought not to legislate for

them? That question we leave them to settle with their friends of

the Quarterly Review and the John Bull newspaper, who, we hope, will

enlighten them on the subject of virtual representation. If ever that

expression could be justly used, it would be in the present case; for

probably there is no interest more fully represented in both Houses of

Parliament, than that of the colonial proprietors. But for ourselves we

answer, What have you to do with such doctrines? If you will adopt the

principles of liberty, adopt them altogether. Every argument which you

can urge in support of your own claims, might be employed, with far

greater justice, in favour of the emancipation of your bondsmen.

When that event shall have taken place, your demand will deserve

consideration. At present, what you require under the name of freedom is

nothing but unlimited power to oppress. It is the freedom of Nero.

“But {322}we will rebel!” Who can refrain from thinking of Captain

Lemuel Gulliver, who, while raised sixty feet from the ground on the

hand of the King of Brohdignag, claps his hand on his sword and tells

his Majesty that he knows how to defend himself? You will rebel! Bravely

resolved, most magnanimous Grildrig! But remember the wise remark of

Lord Beelington--“courage without power,” said that illustrious

exile, “is like a consumptive running footman.” What are your means of

resistance? Are there, in all the islands put together, ten thousand

white men capable of hearing arms? Are not your forces, such as they

are, divided into small portions which can never act in concert? But

this is mere trifling. Are you, in point of fact, at this moment able

to protect yourselves against your slaves without our assistance? If

you can still rise up and lie 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 suspend our protection--if we recall

our troops--in a week the knife is at your throats!

Look to it, that we do not take you at your word. 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? Could

we find no other cultivators to accept of our enormous bounties on

sugar?--no other pestilential region to which we might send our soldiers

to catch the yellow fever?--no other community for which we might pour

forth our blood and lavish our money, to purchase nothing but injuries

and insults? What do we make by you? If England is no longer to be the

_mistress_ of her colonies,--if she is to be only the handmaid of their

pleasures, or the accomplice of their crimes, she may at least venture

to ask, as a handmaid, what are to be the wages of her service,--as

an accomplice, what is to be her portion of the spoil? If justice, and

mercy, and liberty, and the law of God, and the happiness of man, be

words without a meaning, we at least talk to the purpose when we talk of

pounds, shillings, and pence.

Let us count our gains. Let us bring to the test the lofty phrases

{323}of Colonial declamation. The West Indies, we are told, are a source

of vast wealth and revenue to the country. They are a nursery of

seamen. They take great quantities of our manufactures. They add to

our political importance. They are useful posts in time of war. These

absurdities have been repeated, till they have begun to impose upon the

impostors who invented them. Let us examine them briefly.

Our commercial connexion with the West Indies is simply this. We buy our

sugar from them at a higher price than is given for it in any other part

of the world. The surplus they export to the Continent, where the price

is lower; and we pay them the difference out of our own pockets. Our

trade with the West Indies is saddled with almost all the expense

of their civil and military establishments, and with a bounty of

1,200,000l. Let these be deducted from the profits of which we hear so

much, and their amount will shrink indeed. Let us then deduct from the

residue the advantages which we relinquish in order to obtain it,--that

is to say, the profits of a free sugar trade all over the world; and

then we shall be able to estimate the boasted gains of a connexion to

which we have sacrificed the Negroes in one hemisphere, and the Hindoos

in the other.

But the West Indians take great quantities of our manufactures! They

can take only a return for the commodities which they send us. And from

whatever country we may import the same commodities, to that country

must we send out the same returns. What is it that now limits the

demands of our Eastern empire? Absolutely nothing but the want of

an adequate return. From that immense market--from the custom of one

hundred millions of consumers, our manufacturers are in a great measure

excluded, by the protecting duties on East Indian sugar.

But a great revenue is derived from the West Indian trade! Here, again,

we have the same fallacy. As long as the present quantity of sugar is

imported into England, no matter from what country, the revenue will

not suffer; and, in proportion as the price of sugar is diminished, the

consumption, and, consequently, the revenue, must increase. But the

West Indian trade affords extensive employment to British shipping and

seamen! Why more than any equally extensive trade with any other part of

the world? The more {324}active our trade, the more demand there will

be for shipping and seamen; and every one who has learnt the alphabet of

Political Economy, knows that trade is active, in proportion only as it

is free.

There are some who assert that, in a military and political point of

view, the West Indies are of great importance to this country. This is

a common, but a monstrous misrepresentation. We venture to say, that

Colonial empire has been one of the greatest curses of modern Europe.

What nation has it ever strengthened? What nation has it ever enriched?

What have been its fruits? Wars of frequent occurrence and immense cost,

fettered trade, lavish expenditure, clashing jurisdiction, corruption in

governments, and indigence among the people. What have Mexico and Peru

done for Spain, the Brazils for Portugal, Batavia for Holland? Or, if the

experience of others is lost upon us, shall we not profit by our own?

What have we not sacrificed to our infatuated passion for transatlantic

dominion? This it is that has so often led us to risk our own smiling

gardens and dear firesides for some snowy desert or infections morass

on the other side of the globe: This inspired us with the project

of conquering America in Germany: This induced us to resign all the

advantages of our insular situation--to embroil ourselves in the

intrigues, and fight the battles of half the Continent--to form

coalitions which were instantly broken---and to give subsidies which

were never earned: This gave birth to the fratricidal war against

American liberty, with all its disgraceful defeats, and all its barren

victories, and all the massacres of the Indian hatchet, and all the

bloody contracts of the Hessian slaughterhouse: This it was which, in

the war against the French republic, induced us to send thousands and

tens of thousands of our bravest troops to die in West Indian hospitals,

while the armies of our enemies were pouring over the Rhine and the

Alps. When a colonial acquisition has been in prospect, we have thought

no expenditure extravagant, no interference perilous. Gold has been to

us as dust, and blood as water. Shall we never learn wisdom? Shall we

never cease to prosecute a pursuit wilder than the wildest dream of

alchemy, with all the credulity and all the profusion of Sir Epicure

Mammon?

Those who maintain that settlements so remote conduce to the military or

maritime power of nations, fly in the face of history. {325}The colonies

of Spain were far more extensive and populous than ours. Has Spain, at

any time within the last two centuries, been a match for England either

by land or by sea? Fifty years ago, our colonial dominions in America

were far larger and more prosperous than those which we at present

possess. Have we since that time experienced any decay in our political

influence, in our opulence, or in our security? Or shall we say that

Virginia was a less valuable possession than Jamaica, or Massachusetts

than Barbadoes?

The fact is, that all the evils of our Colonial system are immensely

aggravated in the West Indies by the peculiar character of the state of

slavery which exists there. Our other settlements we have to defend only

against foreign invasion. These we must protect against the constant

enmity of the miserable bondsmen, who are always waiting for the moment

of deliverance, if not of revenge. With our other establishments we may

establish commercial relations advantageous to both parties. But these

are in a state of absolute pauperism; for what are bounties and forced

prices but an enormous poor-rate in disguise?

These are the benefits for which we are to be thankful. These are the

benefits, in return for which we are to suffer a handful of managers

and attorneys to insult the King, Lords, and Commons of England, in the

exercise of rights as old and sacred as any part of our Constitution. It

the proudest potentate in Europe, if the King of France, or the Emperor

of all the Russias, had treated our Government as these creatures of

our own have dared to do, should we not have taken such satisfaction as

would have made the ears of all that heard of it to tingle? Would there

not have been a stately manifesto, and a warlike message to both

Houses, and vehement speeches from all parties, and unanimous addresses

abounding in offers of lives and fortunes? If any _English mob_,

composed of the disciples of Paine and Carlile, should dare to pull down

a place of religious worship, to drive the minister from his residence,

to threaten with destruction any other who should dare to take his

place, would not the yeomanry be called out? Would not Parliament be

summoned before the appointed time? Would there not be sealed bags

and secret committees, and suspensions of the Habeas Corpus act? In

Barbadoes all this has been done.

It {326}has been done openly. It has _not_ been punished. It is at this

hour a theme of boasting and merriment. And what is the language of our

rulers? “We must not irritate them. We must try lenient measures. It is

better that such unfortunate occurrences should not be brought before

the Parliament.” Surely the mantle, or rather the cassock, of Sir Hugh

Evans, has descended on these gentlemen. “It is not meet the council

hear a riot. There is no fear of Got in a riot. The council, look you,

shall desire to hear the fear of Got, and not to hear a riot.” We have

outdone all the most memorable examples of patience. The Job of Holy

Writ, the Griselda of profane romance, were but types of our philosophy.

Surely our endurance must be drawing to a close.

We do not wish that England should drive forth her prodigal offspring

to wear the rags and feed on the husks which they have desired. The

Colonists have deserved such a punishment. But, for the sake of the

slaves, for the sake of those persons, residing in this country, who are

interested in West Indian property, we should grieve to see it indicted.

That the slaves, when no longer restrained by our troops, would, in

no very long time, achieve their own liberation, cannot be doubted. As

little do we doubt that such a revolution, violent as it would doubtless

be, would be desirable, if it were the only possible means of subverting

the present system. The horrors of a battle or a massacre force

themselves upon our senses. The effects of protracted tyranny,

the terror, the degradation, the blighted affections, the stunted

intellects, the pining of the heart, the premature decay of the frame,

are evils less obvious, but equally certain; and, when continued through

successive generations, make up a greater sum of human misery than was

ever indicted in the paroxysm of any revolution. Still we cannot

doubt that savages, rude in understanding, exasperated by injuries,

intoxicated by recent freedom, would be much benefited by the wise and

merciful control of an enlightened people.

We feel also for the West Indian proprietors who reside in England.

Between them and the inhabitants of the Colonies we see a great

distinction. There may be in this body individuals infected with the

worst vices of the colonial character. But there are also among them

many gentlemen of benevolent feelings and enlarged minds, who have done

much to {327}alleviate the condition of their slaves, and who would

willingly see the meliorating measures which his Majesty’s ministers

have suggested, adopted by the West Indian legislators. They have

scarcely any thing in common with the Colonists, or with the scribblers

whom the Colonists feed and clothe. They have taken little part in the

controversy, ashamed probably of the infamous allies with whom they

would have to cooperate. But what they have said has, upon the whole,

been said manfully and courteously. Their influence, however, is at

present exerted decidedly in favour of slavery, not, we verily believe,

from any love of slavery in the abstract, but partly because they think

that their own characters are in some degree affected by the attacks

which are made on the Colonial system, and partly because they apprehend

that their property is likely to suffer in consequence of the feeling

which at present prevails throughout the country.

On both points they are mistaken. We are convinced that there is not, in

any quarter, a feeling unfriendly to them, or an indisposition to give a

fair consideration to their interests. The honest, but uninformed zeal,

of individuals, may sometimes break forth into intemperate expressions:

But the great body of the people make a wide distinction between the

class of which we speak and the Colonial mob. Let it be their care to

preserve that distinction indelible.

We call for their support. They are our natural allies. Scarcely have

the Ministers of the Crown, scarcely have the Abolitionists themselves,

been more rancorously abused by the orators of Jamaica, than those

persons. The objects of the two classes are wholly different. The one

consists of English gentlemen, naturally solicitous to preserve the

source from which they derive a part of their revenue. The other is

composed, in a great measure, of hungry adventurers, who are too poor

to buy the pleasure of tyranny, and are therefore attached to the only

system under which they can enjoy it gratis. The former wish only to

secure their possessions; the latter are desirous to perpetuate the

oppressive privileges of the white skin. Against those privileges let us

declare interminable war, war for ourselves, and for our children,

and for our grand-children,--war without peace--war without truce--war

without quarter! But we respect the rights of property as much as we

detest the prerogatives of colour.

We {328}entreat these respectable persons to reflect on the precarious

nature of the tenure by which they hold their property. Even if it were

in their power to put a stop to this controversy,--if the subject of

slavery were no longer to occupy the attention of the British public,

could they think themselves secure from ruin? Are no ominous signs

visible in the political horizon? How is it that they do not discern

this time? All the ancient fabrics of colonial empire are falling

to pieces. The old equilibrium of power has been disturbed by the

introduction of a crowd of new States into the system. Our West-India

posessions are not now surrounded, as they formerly were, by the

oppressed and impoverished colonies of a superannuated monarchy, in

the last stage of dotage and debility, but by young, and vigorous, and

warlike republics. We have defended our colonies against Spain. Does it

therefore follow that we shall be able to defend them against Mexico or

Hayti? We are told, that a pamphlet of Mr. Stephen, or a speech of Mr.

Brougham, is sufficient to excite all the slaves in our colonies to

rebel. What, then, would be the effect produced in Jamaica by the

appearance of three or four Black regiments, with thirty or forty

thousand stand of arms? The colony would be lost. Would it ever be

recovered? Would England engage in a contest for that object, at so vast

a distance, and in so deadly a climate? Would she not take warning by

the fate of that mighty expedition which perished in St. Domingo? Let

us suppose, however, that a force were sent, and that, in the field, it

were successful. Have we forgotten how long a few Maroons defended the

central mountains of the island against all the efforts of disciplined

valour? A similar contest on a larger scale might be protracted for half

a century, keeping our forces in continual employment, and depriving

property of all its security. The country might spend fifty millions

of pounds, and bury fifty thousand men, before the contest could be

terminated. Nor is this all. In a servile war, the master _must_ be the

loser--for his enemies are his chattels. Whether the slave conquer or

fall, he is alike lost to the owner. In the mean time, the soil lies

uncultivated; the machinery is destroyed. And when the possessions of

the planter are restored to him, they have been changed into a desert.

Our policy is clear. If we wish to keep the Colonies, we must take

prompt and effectual measures for raising the condition {329}of the

slaves. We must give them institutions which they may have no temptation

to change. We have governed the Canadians liberally and leniently;

and the consequence is, that we can trust to them to defend themselves

against the most formidable power that anywhere threatens our Colonial

dominions. This is the only safeguard. You may renew all the atrocities

of Barbadoes and Demerara. You may inflict all the most hateful

punishments authorised by the insular codes. You may massacre by the

thousand, and hang by the score. You may even once more roast your

captives in slow fires, and starve them in iron cages, or flay them

alive with the cart-whip. You will only hasten the day of retribution.

Therefore, we say, “Let them go forth from the house of bondage. For woe

unto you, if you wait for the plagues and the signs, the wonders and the

war, the mighty hand and the outstretched arm!”

If the great West Indian proprietors shall persist in a different line

of conduct, and ally themselves with the petty tyrants of the Antilles,

it matters little. We should gladly accept of their assistance: But we

feel assured that their opposition cannot affect the ultimate result of

the controversy. It is not to any particular party in the church or in

the state; it is not to the right or to the left hand of the speaker; it

is not to the cathedral or to the Meeting, that we look exclusively for

support. We believe that, on this subject, the hearts of the English

People burn within them. They hate slavery. They have hated it for

ages. If has, indeed, hidden itself for a time in a remote nook of

their dominions: but it is now discovered and dragged to light. That is

sufficient. Its sentence is pronounced; and it never can escape! never,

though all the efforts of its supporters should be redoubled,--never,

though sophistry, and falsehood, and slander, and the jests of the

pothouse, the ribaldry of the brothel, and the slang of the ring or

fives’ court, should do their utmost in its defence,--never, thoug44h

fresh insurrections should be got up to frighten the people out of their

judgment, and fresh companies to bubble them out of their money,--never,

though it should find in the highest ranks of the peerage, or on the

steps of the throne itself, the purveyors of its slander, and the

mercenaries of its defence! (1)

(1) Since the above article was prepared for the press, we

have met with a new and very important work on the subject

of West-India Slavery. It is entitled, “The {330}West Indies

as they are, or a real Picture of Slavery, particularly in

Jamaica,” by the Rev. H. Bickell, a clergyman of the Church

of England, who resided a considerable time in that island.

The work is ill written; and it might have been reduced with

advantage to half its present size. It produces, however, an

irresistible impression of the honesty and right intentions

of the author, who was an eyewitness of the scenes he

describes: and it continues, in a remarkable manner, all the

leading statements which, on the authority of Mr. Cooper,

Dr. Williamson, and Mr. Meabing, were laid before the public

two years ago, in the pamphlet called “Negro Slavery.” Mr.

Bickell has also brought forward various new facts of the

most damning description, in illustration both of the

rigours of Negro bondage, and of the extraordinary

dissoluteness of manners prevailing in Jamaica. We strongly

recommend the work to general perusal, as a most seasonable

antidote to those delusive tales of colonial amelioration,

by which it has been attempted to abate the horror so

universally felt in contemplating the cruel and debasing

effects of the slave system.

Critical, Historical, and Miscellaneous Essays; Vol. 6 With a Memoir and Index · 第 18 / 26 题