so easily evaded, surely at the end of eight years some new pleas would
be set up for the continuance of the trade, and the Abolitionists
themselves would then be told, that, having formerly recognised the
right of sacrificing the dictates of justice and humanity to
considerations of expediency, they ought in common consistency to grant
a new respite on the same or better grounds. Thus, period after period
would be claimed from us, so long as ever the planters should choose to
purchase, or as Africa should have victims to supply.
What has since passed shews that there was but too much reason for these
apprehensions; for, notwithstanding that a period was fixed by a
majority of the House of Commons; though a period, far longer than the
longest which was then asked, has since elapsed; though it was
distinctly stated that importations ought henceforth to be allowed only
for keeping up the cultivation at its actual state; though numbers,
prodigiously greater than any which were then stated as necessary for
filling up gangs, and preparing the islands to meet abolition, have been
since imported; yet the same difficulties have still been experienced,
the same objections have still been urged. The wickedness and cruelty of
the Slave Trade have been frankly confessed, while all our endeavours to
put an end to it have been opposed with undiminished earnestness.
[Sidenote: Objection concerning Smuggling, answered.]
As to the objection, grounded on the impossibility of preventing Slaves
from being smuggled into the islands, it was argued with undeniable
force, that the power of this country to prevent the smuggling of Slaves
to any considerable extent, had been proved by abundant and undoubted
experience. Some trifling supply might be thus introduced, but in cases
wherein it was far more difficult to prevent a contraband trade,
regulations had been enforced somewhat strictly, which were opposite to
the known and avowed interests and feelings of all the inhabitants of
the West Indian islands.
[Sidenote: Grand objection: Co-operation of Colonial Legislatures
necessary:]
But the consideration which appeared to weigh most powerfully against an
immediate abolition was the expediency, if not the absolute necessity,
of the co-operation of the West Indian Legislatures. They, it was hoped,
would enact such internal regulations as would rectify any abuses which
might prevail in the system of negro management. Several of the Colonial
Legislatures, it was said, had lately passed, or were now passing Acts
for improving the condition and treatment of the Slaves. Similar laws
might be anticipated in others of the islands; and these reforms having
taken place, the domestic stock of Slaves would gradually increase; the
importation would diminish, and the Slave Trade would ere long die of
itself.
[Sidenote: Considered.]
It must be to suppose the Abolitionists absolutely void of all common
sense, to imagine that they were not well aware how greatly the
introduction and establishment of the necessary reforms in the negro
system would be facilitated by the planters being willing to adopt them.
But, from the very first, there was but too much reason to fear that no
hearty co-operation would be afforded on their part.
In the first place it should be remembered, that they appeared to be
impressed with a persuasion, that though the profit was theirs, the
guilt and shame were exclusively our own; and it was not probable that
they would voluntarily consent to dissolve a contract so much to their
advantage. Soon after the abolition was first proposed, this sentiment
was stated in the most explicit terms by the Assembly of Jamaica. “The
African trade (they say) is purely a British trade, carried on by
British subjects, residing in Great Britain, on capitals of their own.
The connection and intercourse between the planters of this island and
the merchants of Great Britain trading to Africa, extend no further than
the mere purchase of what British Acts of Parliament have declared to be
legal objects of purchase.” But independently on all other
considerations, the spirit of party had gone forth, and the operation of
that powerful cause would alone prevent the West Indians from forwarding
the views of those whom they regarded as their determined opponents;
especially since their concurrence might be supposed to imply a
recognition of the various abuses and evils of the West Indian system.
The Abolitionists therefore found themselves very early compelled to
abandon all hopes of obtaining the abolition of the Slave Trade, through
the enforcement of regulations to be prescribed by the colonial
legislatures. It was not going too far to argue, that the colonial
assemblies neither were able, nor, if able, would they be willing to
produce the desired effect.
[Sidenote: Colonial Legislatures neither able nor willing to effect the
abolition, by regulations as to the detail of management of
Slaves.]
It must be manifest to any one at all acquainted with the principles of
human nature, and still more clear to any one who knows the peculiar
circumstances of our West Indian settlements, that any laws which might
be passed by the legislatures of the islands, would not of themselves be
adequate to the end in view. Granting that the legislatures might fix
the quantity of food and clothing which all masters were to allow their
Slaves, that they might also prescribe the degree of labour to be
exacted, the punishments to be inflicted, the instruction to be given,
and other regulations with a view to moral reform; How could they see to
the execution of their own laws? Put the case of a similar law,
applicable to servants in this country; how impossible would it be found
to enter into the interior of every family, and with more than
inquisitorial power to ascertain the observance or the breach of the
rules which should have been laid down for our domestic economy. How
much more difficult in the West Indies, where the testimony of Negroes
not being admissible, there would be no means of bringing proof of any
violations of the rules prescribed. But supposing the means of enforcing
the regulations to be found, how odious, how utterly intolerable would
such a system be found in its execution! Would it be borne even in this
country?
But let it be remembered, that this kind of inquisition would be still
less endured in the West Indies than it would be here. For, it has been
often observed, and it is undeniably true, “that wherever slavery is
established, they who are free are peculiarly proud and jealous of their
freedom.” Mr. Edwards has more than once declared this to be true with
respect to the inhabitants of our West Indian Colonies, and this
principle would assuredly cause them to regard with jealousy, and resent
with indignation, any interference of the officers of government in the
management of their private concerns and family affairs, among which
their treatment of their own Slaves must fairly be included.
But in truth all such general regulations of the kind here supposed,
entering into all the detail of domestic economy, and prescribing the
precise quantum of food, clothing, labour, punishment, and medical care,
must be, in their own nature, inherently defective. The quantity of food
which they should direct, might in some cases be greater, in others
less, than would be necessary; accordingly as the land which the Negroes
had for growing their own provisions was more or less in quantity, more
or less productive. Again, the medical care, the labour, the
instruction, the discipline, the correction which might be called for on
some estates, would not be required on others. And then all these
provisions, so vexatious and invidious in their nature, were to be
observed, not merely gratuitously, but it was to be expected that people
would submit to them, would lend themselves to the enforcing of them,
for the purpose of accelerating the period of abolition; an event which
they had frankly declared they conceived would be in the highest degree
injurious to their interests. Surely no credulity could be sufficient to
make any one believe that laws of such a kind, and for such a purpose,
and with such a premium on obeying them, could ever be carried into
execution.
[Sidenote: Proofs subsequently furnished, that no hope from Colonial
Legislatures.]
But if these and other arguments rendered it abundantly clear, when the
question was first discussed, that the colonial legislatures neither
could nor would apply any adequate reform to the existing abides, so as
effectually to cooperate in measures for the abolition of the Slave
Trade, there is now at least no ground for doubt on that head. The
question has been since brought to the test of experiment. For, an
endeavour to obtain the concurrence of the colonial legislatures has
since been made under the most favourable circumstances of which the
nature of the case could possibly admit; and yet it is not saying too
much to declare, that the endeavour has utterly failed.
On this as on other occasions, different motives would operate on
different men, in prompting them to concur in the measure. For my own
part, I sincerely declare, that to the respectable gentlemen who took
the lead on that occasion, I give the fullest and most unreserved credit
for having been actuated by an earnest desire of reforming the West
Indian system. But it must be acknowledged that the transaction in some
of its parts, especially since we have had new light reflected back on
it from recent West Indian communications, exhibits an appearance of
having been befriended by some of its promoters with a view rather to
defeat, than to promote, the abolition of the Slave Trade. Be this
however as it may, in the year 1796 a Committee, consisting of the most
respectable West Indian proprietors, having been appointed to take into
consideration what steps should be taken respecting the Slave Trade,
resolved among other things, “That, for the joint purposes of opposing
the plan of Mr. Wilberforce, and establishing the character of the West
Indian Planters, it is essential that they should manifest their
willingness to promote actively the cause of the Negroes, by such steps
as shall be consistent with safety to the property of individuals, and
the general interest of the colonies;” and they requested a most justly
respected member of the House of Commons to move in Parliament, “That an
address be presented to His Majesty, requesting him to recommend to the
colonies the adoption of such measures, as may promote the increase of
the Negroes, gradually diminish the necessity of the Slave Trade, and
ultimately lead to its complete termination; and also as may conduce to
their moral and religious improvement, and secure to them the certain,
immediate, and active protection of the law.” This address was moved and
carried with the warm support of all the West Indian party in
Parliament; [Sidenote: Applications to the Colonies] and was
transmitted, to the Governors of all the islands by the Duke of
Portland, accompanied by letters urging the colonial legislatures to
second the wishes of the House of Commons; private and confidential
letters being written to explain to the Councils in the different
islands, the amicable purpose with which this otherwise perhaps
questionable measure had been proposed, and assuring them, “that the
adoption of some legislative provisions relative to the Negroes was
indispensably necessary, not only to stop for the present, but gradually
to supersede the very pretensions at a future period, to a measure of
direct abolition of the Slave Trade by the mother country.”
Thus the concurrence of the West Indian legislatures was requested by
their own tried friends and counsellors, on that most acceptable and
pleasing ground, of superseding the abolition of the Slave Trade. It
might have been conceived, that, by the administration of such a
powerful opiate, the _esprit de corps_ of the islands would be lulled
asleep; and, though it might even be from motives less pure than those
of their friends at home, that they would at least adopt the line of
conduct which had been recommended.
[Sidenote: Colonial answers.]
But how different has been the issue! You are already apprized of the
conduct of the island of Barbadoes, to which Lord Seaforth, most
honourably glad to avail himself of an opportunity of introducing the
measure under such favourable auspices, recommended the rendering a
capital crime, the wilful murder of a Negro, which is now punishable
only by a fine of about £.11. 10_s._ sterling.
The Assembly of Jamaica assert, “that the right of obtaining labourers
from Africa is secured to them on the most solemn engagements; and that
they never can give up, or do any act that may render doubtful, this
essential right.” The General Council and General Assembly of all the
Leeward islands state, “that the right of procuring labourers from
Africa, has been secured to us by repeated Acts of Parliament, &c. We,
therefore, never can abandon it, or do any thing that may render
doubtful this essential right.” The language of these answers is but too
intelligible. But some communications lately made to Parliament, render
it if possible still more clear than it before was to all considerate
and impartial men, that it is in vain to expect much effect from the
regulations which any colonial acts may prescribe.
It may here perhaps be proper to state, that since the abolition of the
Slave Trade came into question, acts have been passed for securing
better treatment to the Slaves. It is no more however than justice to
the Island of Jamaica, to take this opportunity of declaring, that the
Legislature of that island had passed a law rendering the murder of a
Slave a capital crime, and containing various other salutary
regulations, before the motion for abolishing the Slave Trade had been
brought forward; though at the same time a fact then became public,
which affords a curious proof how little the treatment of Slaves is
really affected, one way or another, by public laws. For it appeared
from the Assembly’s own communication, that, for three years immediately
preceding this last reformation, an interval happening to take place
between the repealing of a former consolidated Slave law for the
protection and security of the Slaves,[41] and the passing of a new one,
there were for three years together no laws whatever in being for the
protection and security of the Slaves; and yet it was not found that the
smallest difference in the treatment of the Slaves had been occasioned.
They were just as well secured without laws as with them. In truth, as
was before stated, the real protection of a Slave must lie in his
master’s disposition to protect him.—But to resume the discussion.
What has been already urged may perhaps appear sufficient to prove, that
all the colonial laws for reforming the vices of the West Indian system,
must be practically inefficient. Nor can any farther argument be
necessary, in order to enforce a conclusion so manifestly resulting from
the circumstances of the case. To some persons however it may render the
point still more clear, to know, that the inefficacy, to say no worse,
of the late Colonial Slave Acts, is decisively established even on West
Indian authority itself.
For, about two years ago, on the application of His Majesty’s Secretary
of State to the Governors of the West Indian Islands, for information as
to the manner in which the late Acts for the better protection of Slaves
had been executed, it clearly appeared, that though those laws had been
passed so few years before with so much pomp and circumstance, yet that
their provisions had never been carried into effect. This applies not
merely to the impossible regulations, so to term them, prescribing the
precise quantity of the food and clothing, and labour and punishment of
the Slaves, but to all those regulations which really were of perfectly
easy execution. There had been the same entire neglect of the religious
and moral regulations, in which the Owner’s duty was clear and easy,
even granting that his success might be difficult and doubtful.
This utter neglect of the Slave laws might alone have tended to give
effectual confirmation to the suspicion, that the laws had been intended
for the protection of the Slave Trade, rather than of the Slaves. This
indeed was plainly stated by a British Officer, who was resident in one
of the islands in 1788, when one of the earliest and best of these
boasted laws was enacted. It was the general language of the Colonists
at the time, that its only real operation would be, to supersede any
similar measures which might otherwise be adopted by the British
Parliament. But much to the honour of the Governor of the only island
from which any satisfactory information has been returned, he has
distinctly stated,—“The Act of the Legislature, entitled, “An Act for
the Encouragement, Protection, and better Government of Slaves,” appears
to have been considered, from the day it was passed, until this hour, as
a political measure to avert the interference of the mother country in
the management of Slaves. Having said this, your Lordship will not be
surprised to learn, that the 7th clause of that Bill has been wholly
neglected.”
It may be proper to mention, that the clause which has been thus wholly
neglected, was enacted for the express purpose of securing, as far as
possible, the good treatment of the Slaves, and ascertaining the causes
of their decrease. Some farther information, much to the same effect,
was contained in a letter to the Secretary of State, from another
correspondent, concerning the encouragement which the law had required
to be given to Slaves to marry.
After this, can any reasonable expectations be entertained, that the
Colonial Legislatures will cordially concur in any measures for the
abolition of the Slave Trade? Can the Abolitionists be deemed uncandid,
for not greatly confiding in any statutes which those assemblies may
enact, in co-operation with the British Parliament, for the abolition of
the Slave Trade?
[Sidenote: Laws for the protection of Slaves ineffectual in the old
French, Spanish, and Portuguese Settlements.]
It ought earlier to have been stated, as an additional proof of the
inefficacy of all legal regulations for the government and protection of
Slaves, that they have fallen into practical disuse even in countries in
which the matters do not themselves enjoy that political freedom with
which all such regulations are peculiarly at variance; and where, it
might have been preconceived, a government perfectly despotic possessed
abundant means of giving effect to its own regulations.
The better treatment of the Slaves in the Spanish and Portuguese
Settlements, is much more to be ascribed to the influence of their
religious zeal, and its happy consequences, than to the institution of a
Protector among the one, or to the provisions of the Directorio on the
other.
Again, under the more despotic system of government which was
established in the French islands before the revolution, the Code Noir,
and various other edicts, which from time to time had been issued,
concerning the treatment of Slaves, were become a mere dead letter. It
is a curious proof, how much the practice and the opinions and feelings
produced by it may differ from the law, that the free coloured people
had for an entire century been legally entitled to that equality of
rights and privileges with the whites, the granting of which, by the
national assembly of the mother country, produced so violent a ferment
among the white inhabitants of St. Domingo; and the retractation of
which, after its having been granted, followed by fresh grants and fresh
retractations, produced the confusion which terminated in the loss of
that flourishing colony.
But besides that fundamental objection to statutes, for regulating the
treatment of Slaves, and securing for them, to use the words of the
colonists themselves, the _certain, immediate, and active protection of
the law_, that they must prove utterly inefficient; [Sidenote: Legal
protection of Slaves in an abject state of slavery either impracticable
or unsafe.] I must frankly acknowledge my opinion, that all those legal
regulations which, in the various particulars of treatment, interfere
between the Master and Slave; which interpose between them some external
authority to which the Slave, when ill used, is to have a right to apply
for protection and redress; unless, as I before observed, they are not
executed, must prove in practice unspeakably dangerous. This is true at
least where Slaves are in a state of such abject slavery as that which
has so long prevailed in our West Indian islands, and where the Slaves
so greatly outnumber the free men, and the difference between Slave and
Freeman, is marked and palpable. In extreme cases of ill-treatment, or
rather in cases of enormous cruelty, it might be practicable to apply
some remedy, by the means of that regulation which was established in
Athens, and which, with additions most grateful to a humane mind,
prevails, we are assured, in the Spanish islands, of allowing the Slave
when extremely ill treated, to be transferred to another owner. But this
regulation is not applicable to those particulars of treatment, which
are constant and systematic, such as underfeeding, overworking, and
other general vices of management, whether arising out of degradation,
absenteeship, speculation, the pressure of the times, or any other of
the causes which have been above specified. And it is these systematic
vices which constitute the real evils in the condition of the bulk of
our Slaves.