페이지 이미지
PDF
ePub

May it please your excellency,

whatever, civil and criminal, with certain limita- | the house of assembly returned the following tions as to the place of birth and residence of answer to a message which they had previously the free person (formerly, the evidence of any received from the governor, communicating the free person of colour was not received against a two despatches dated 14th August, 1824, which white person, except to prove debt); that the he had received from lord Bathurst:second of these acts suspends an act which suspended, for fifty years, an act which drew the line where persons of colour above a certain number of degrees (three) removed from black ancestry should no longer, in the eye of the law, be deemed persons of colour; and that the third of these acts improves the condition of slaves very considerably, and suspends the possibility, contained in former acts, of depriving free persons of colour of their freedom by process of law. The improvements contained in this act are agreeable to some resolutions of the house of assembly, founded upon lord Bathurst's letter of 9th July, 1823, which had been made at an early period of the session.

In answer to your excellency's message of 3d inst. accompanied by two despatches from the colonial office of the 14th of August, and a copy of an order of his majesty in council of the 10th of March, for the government of the slaves in Trinidad, the house of assembly respectfully beg leave to express their regret, that the documents so forwarded by your excellency do not appear to them to justify an expectation that his majesty's ministers are to be sincerely satisfied with any thing less from the colonies generally, than the entire adoption, at least in substance, of the new system of slave government prescribed by that order. For though it was to be extended to all the other conquered colonies, under such modifications as should be necessary to adapt its provisions to the pre-existing laws of those colonies respectively, and consequently it could not have been expected that the same system would be adopted in the more ancient British colonies, (the forms at least of whose government are, to a certain degree, in corre

A despatch from earl Bathurst to governor Grant, dated "Downing Street, 14th August, "1824," encloses a copy of the order in council for the improvement of the condition of the slaves in Trinidad; and ratifies the appointment of two bishops, the one for Jamaica, and the other for the Leeward Islands. His lordship expresses his hope that the legislature of the Bahamas, by embodying in their statutes those additional provisions of the order in council re-spondence with those of the mother country,) specting Trinidad, which as yet were not to be found in their consolidation act, would lay the foundation for such an improvement in the condition of the slave population as would prove equally honourable to the legislature and beneficial to those for whose advantage it appeared to be more immediately intended.

Another despatch from earl Bathurst to governor Grant, dated also "Downing Street, 14th August, 1824," details various objections to the act for amending and consolidating the laws relating to slaves; and urges a reference to the order in council respecting Trinidad, in order to judge how far the act consisted with, and in what respects it would fail to carry into effect, the wishes of his majesty's govern

ment.

66

A despatch from governor Grant to earl Bathurst, dated "Government House, Bahamas, 10th January, 1825," announces the resolution of the house of assembly to make no alteration in the consolidated act that session. Governor Grant adds, that in a considerable degree he is inclined to attribute this resolution, not to a general disposition, on the part of the respectable inhabitants, to oppose the wishes of government, on occasions where they clearly saw their way; but that, in respect to the subject in question, so much pains had been taken by designing persons to work upon the fears of the colonists, that it was a difficult matter to bring them favourably to deliberate on the amelioration of the condition of their slaves. On coming to the resolution just mentioned,

without a like deference to established institutions; the house cannot but observe, that, in the system now recommended, there is much of deep and vital interest, altogether new to all the colonies, British and foreign; the extreme hardship of which, on slave owners, would, if adopted under any modifications of mere form, in the opinion of this house, virtually annihilate all legitimate authority of the owner over his slave, and, by putting their several interests infinitely more at variance than before, lead rapidly to results of the most fearful character. And although, in the despatches from the colonial office, particularly that in which the merits and defects of the slave code of this colony are discussed, in a manner highly gratifying to the house, there are several recommendations entitled to their serious consideration, and some suggestions, of which, at a season of less excitement in the minds of the slave population, and just alarm among the white inhabitants of the colonies, the house would have much satisfaction in availing themselves; they trust that your excellency, and his majesty's ministers, will not, at a crisis like the present, be surprised or displeased at the repugnance of the house to enter upon even the less obnoxious details of a system which, as a whole taken together, appears to them so pregnant with peril to certain principles, the preservation of which appears to them essentially necessary, not only to the little portion of prosperity which still remains to the colonies, but even to their very existence as colonies at all.

only while the project itself remained as yet untried in Trinidad, but before it had even been transmitted to any one of the other five conquered colonies, in which it was to be put to the test of experience. Without entering into details, the house respectfully beg leave to suggest, that they humbly presume it must already be within your excellency's knowledge, that, were it only from objections purely of a local cha

The house further respectfully beg leave to non-compliance in the smallest particular, not recapitulate what the legislature of this colony has already done for the religious and moral instruction of all classes; and more particularly for the comfort and protection of the slaves from all manner of lawless oppression. The church establishment, in the first place, has been on a footing, in point of extent and liberality, altogether without example, in proportion to the revenues of the place. No form of religion is prescribed every christian sect enjoys the unshack-racter, a large portion of the Trinidad ordiled exercise of its peculiar style of worship, duly nance would be absolutely impracticable in these protected by equal laws from all molestation. The islands; nor, even independent of those local marriages of slaves also are now provided for obstacles, can the house regard the new system and encouraged by law, as in fact they have ever without trembling for the destiny that awaits before been by general usage. The utmost pos- those colonies into which it may be introduced. sible facility is afforded, by express enactments For, besides the multitude of other objectionable (in a separate law for the purpose, not included parts of that ordinance, with which it is unnein the general slave code), and ever carried rea-cessary at present to trouble your excellency, dily into effect by the courts, to enable those un- that from which the more immediate evils are justly held in bondage to recover their freedom, to be apprehended, perhaps, is the portion of it without personal risk, or pecuniary expense; which restrains within certain limits the punishmanumissions are neither taxed nor restrained by ment of slaves; the callous inflexibility of the law, or otherwise; and even during the last edict rejecting all distinctions between the most session of the assembly, the general slave code atrocious violation of the spirit of the law and was revised and re-enacted, with several amend- the most venial transgression of its letter; and, ments, manifesting, as earl Bathurst has been above all, the appalling disproportion between pleased to admit, the anxiety of the legislature the offence and its penalty. A lash illegally for the improvement of the condition of the inflicted on the white free man in England or slaves, and comprising many humane and judi- the colonies, is expiated by a small fine, or, at most cious enactments, materially contributing to a short imprisonment. But here, a like assault such improvement. Neither, during the same upon a slave by his master is to be punished by session, we the claims of the black and coloured a forfeiture of at least one-half of that master's people of free condition forgotten-by admit- fortune, however splendid it may be. As one, ting them, then for the first time, to be wit- of perhaps a hundred fairly supposable cases of ness in all cases, nearly the last shade of distinc- | rank oppression and injustice to result from the tion, in point at least of civil rights, was removed proposed regulations, a single female slave, prifrom between them and the white popula-vileged, as she would be, from corporal punishtion; the latter reserving to themselves little else than the exclusive enjoyment of certain political privileges, which, in the opinion of the house, cannot at this time be extended to any other portion of the inhabitants, without substantial injury to the country. After such hitherto uncommon progress of the legislaturein giving legal sanction to the daily increasing amelioration of the condition of slaves, and other corresponding acts respecting the free people of colour, the house did not expect to be again called upon for further measures of a like nature, but of a more doubtful character, if not also decidedly of a more dangerous tendency, until at least some reasonable length of time were allowed, to observe the practicable effect of those steps which had already been so recently taken: still less did the house anticipate that the entire order in council for the government of the slaves in Trinidad, which, however it may now be regarded, was originally announced only as an experiment, and expressly declared to be so by his majesty's ministers in parliament, would have been hastily pressed, as it now is, upon this colony, with an earnestness of recommendation which seems to reject all apprehension of

ment, would have only to inflict, privately, upon her own shoulders, a couple of lashes, just severe enough to leave a perceptible mark of the violence, and charge her master with the of fence, and she might thereby not only procure her own emancipation, but that also of all her kindred, and of the entire gang to which she belonged, should it amount to thousands in number, and in value millions. The right of giving evidence in all other cases is confined to slaves duly instructed in the Christian religion; but here no manner of religious or moral qualification is required; no certificate of character: nothing but the lash on the back, and a plausible tale in the mouth of the complainant. Let it also be remembered, that even in cases in which it should be afterwards made to appear that the person convicted had been unjustly accused, and had been the innocent victim of fraud and perjury on the part of his accuser, still he would be altogether without remedy. Nearly every other sentence of the law is, for a time at least, under the wholesome control of the executive-in this case the slaves, by the sentence itself, would at once become forfeited to the crown, or, in other words irreversibly manumitted. The pro

perty of the innocent and injured owner once so lost could never be restored, and thus, from the very nature of his case, even the doors of royal mercy must of necessity remain shut against him for ever. Neither is there any reservation in favour of the rights of joint proprietors, reversioners, entailed heirs, mortgagees, or creditors of any description-every consideration of the kind is utterly lost sight of in the eagerness for emancipations too plainly manifested by those who have been unhappily permitted to advise this extraordinary measure. It is correctly observed, in the papers before the house, that his majesty's ministers, in many of the new enactments required from the colonial legislatures, only ask for a legislative recognition of principles on which all the colonies boast to have long acted, by common consent, with respect to their slaves; such, for instance, as concerns their right of property, that of disposing of it at discretion, purchasing with it their own freedom or that of their relatives, and using it for other fair purposes. Nor can the house be surprised that those who are experimentally unacquainted with the necessary economy of the slave-system of the West Indies, and the delicacy of those moral ligaments which bind the slave to his master, more strongly perhaps than any physical chain which oppression ever forged for its victims, should at first view be unable to understand why the legislature should hesitate to confirm by law rights which no man in the colonies certainly, at this day, would venture to call in question. The answer to that is this; that as the negro condition in the West Indies has gradually improved, those rights have been the progressive result of that improvement, the natural growth of an increasing sense of mutual confidence between the owner and the slave; and therefore were the slave who should as yet have scarcely reached the dividing line between civilised and savage life (and for one that has passed it thousands remain far behind)-should the untutored slave be given to understand that those benefits were extended to him, not as a fair encouragement to diligence and sobriety, not as a just reward of fidelity, or the gratuitous boon of his master, but as an abstract right vested in all slaves alike, the faithful and the traitorous, the industrious and the idle, the moral and the corrupt, and secure to them indefeasibly by the edicts of a great superintending power (of which, by the by, not one in a thousand of them has any defined idea), which at the distance of upwards of a thousand leagues held his master and himself in equal subserviency, is it not clear that the property of the slave from that moment would, instead of a bond of union between him and his master, as at present, become “a barrier of inextinguishable hate?" Tell the slave that this right was so conferred on him for the express purpose of making hi independent of his master's favour, and enabling him to set the little remaining authority of that master at defiance; would it not be

66

a natural consequence, that the accumulation of property in the hands of a slave would, ever after, be regarded with jealousy (nothing of which has ever yet been felt) by the owner, who, upon a fair principle of self-protection, might be induced even to retaliate on his slaves the oppression of those under whom he himself suffered, by withholding many of those gratuitous indulgencies, and even aids, which he had ever before had considerable satisfaction in affording to his dependents? thus compelling them in a great measure to abandon their lucrative pursuits in disgust, or to persist in them clandestinely,-necessarily leading to habits of falsehood and fraud, if not also to theft, or even worse, on the part of the slave; and, in any event, eternally dissolving the best and only sure cement of the existing slave-system in the West Indies. The house, it is hoped, will not be held guilty of presumption in thus setting up their humble judgment in contrariety with that of his majesty's government in matters of such deep interest as those now under consideration. In all others, even when the interests of the colonies have been sensibly blended with those of other parts of the empire, the house, however they may have felt the pressure of some ministerial acts, have ever as yet-submitted to them in respectful silence. But on subjects in immediate and exclusive connexion with the peculiarly organised system of slave-property in the West Indies, the house trust, that, without any fair imputation of arrogance, they may presume upon their own experience on the spot as having placed them in a situation to take the most correct views of the policy and bearings of all measures affecting that particular species of property, more especially when such measures emanate from a distant country, where it is impossible that that policy and those bearings can be so well understood, blinded as the British public have too long been by prejudice, excited by as gross a tissue of interested and malignant falsehood and misrepresentation as ever imposed upon the credulity of that or any other nation.

The house cannot conclude without an assurance to your excellency that they unfeignedly regret that a strong sense of the great impolicy and absolute danger of making any further innovations at present in the slavesystem of the colony, and a decided conviction of the correctness of the principles on which they are now acting, compel them to return this answer to your excellency's friendly message. For although the views which they have taken of the present painfully interesting subject differ in some degree from those of your excellency, the house, nevertheless, are fully persuaded that your excellency's suggestions were dictated by a sincere and earnest desire to maintain the credit and promote the welfare of the colony.

BARBADOES.

A despatch from sir Henry Warde to earl

placed the slave almost out of the protection of the law. The bill was consequently lost.

Bathurst, dated "Government House, Barba- | the measure, alleging, that several clauses of it "does, 1st July, 1824," notifies, that Mr. Moe had decided upon withdrawing himself from his duties as speaker of the house of assembly, in consequence of the rejection of his bill for protecting and ameliorating the condition of the slaves.

A despatch from sir Henry Warde to earl Bathurst, dated "Barbadoes, 21st October, 1824," encloses sir Henry's addresses to both branches of the legislature of that island on the commencement of the session (28th September, 1824), together with their answers. The addresses express the disappointment felt by sir Henry Warde at the failure of his well-grounded hope in the last session that some measure would have been enacted for the amendment of the slave-laws; urge the immediate consideration of that important subject; and conclude in the following words :—“ I now seize with pleasure and sincerity this public opportunity to express those sentiments most unequivocally, which have long been felt, but never called forth, that though cases as exceptions "do exist, which under similar circumstances "would exist in every other part of the globe, "so long as men are imperfect, and their dis

[ocr errors]

A despatch from sir Henry Warde to earl Bathurst, dated "Government House, Barba"docs, 12th July, 1824," states, that on the meeting of the house of assembly on the 8th, pursuant to summons, he had sent them a message, earnestly recommending to them the adoption of such measures for the speedy revision, amendment, and amelioration of the slave-laws as they might deem best calculated for that purpose; to which the house answered, that they were at that moment occupied on the" subject to which his excellency's message referred. Sir Henry adds, that a committee of" the house was formed on that day, and a message sent to the legislative council, inviting them to form a similar one, to meet and conjointly to consider and propose a consolidated" positions differ in an innumerable variety of act. There was also reason to think that the speaker of the house would resume his duties.

66

"shades from good to evil; yet after more "than three years' constant residence in this A despatch from earl Bathurst to sir Henry “island, it is my firm conviction (as far as it Warde, dated Downing Street, 26th July," has come within my own observation to judge) "1824," encloses a copy of the order in council" that the slaves, as a body, throughout the for the improvement of the condition of the colony are uniformly treated with kindness, slaves in Trinidad; and notifies the appoint-"lenity, and liberality, and to which their ment of two bishops, the one for Jamaica, and "general appearance of cheerfulness and hapthe other for the Leeward Islands. His lord-"piness may be fairly attributed." The anship expresses his regret that any interruption swers of the council and house of assembly exshould have taken place in the measures that were in progress in Barbadoes for a melioration of the state of the slaves; and recommends to the legislature of that island, by embodying the provisions of the order in council respecting Trinidad in their statutes, to lay the foundation of such a system of gradual improvement of the condition of the slave population as would prove equally honourable to the assembly and beneficial to those for whose advantage it appeared to be more immediately intended.

press their earnest disposition to remove the difficulties which had retarded the amendment of the slave-laws; but the house of assembly observe, that they shall consider it right to sus pend any farther proceeding upon the subject until lord Bathurst's opinion of the occurrences of the last session should be made known to them. Both branches of the legislature thank his excellency the governor for his favourable sentiments with respect to the manner in which the slaves of that island were treated.

A despatch from earl Bathurst to sir Henry Warde, dated "Downing Street, 25th October,

A despatch from sir Henry Warde to earl Bathurst, dated "Government House, Barba“does, 5th August, 1824,” announces that" 1824," expresses his lordship's regret at the a bill had passed the house of assembly for amending and ameliorating the slave-laws, and that he entertained little doubt of its being approved of by the council.

rejection of the consolidation bill; and his hope that in the course of next session the council and the assembly will concur in such a measure as may fulfil the expectation of his majesty's government, and reflect credit on the island of Barbadoes.

A despatch from sir Henry Warde to earl Bathurst, dated "Barbadoes, 4th December,

A despatch from sir Heary Warde to earl Bathurst, dated Government House, Barbadoes, 3d September, 1824," encloses various documents. By these it appears that the Consolidation Slave Bill had been returned to the" 1824," acknowledges the receipt of lord house of assembly by the council, with several amendments; that the honse of assembly, declaring that there was not time in the present session for the consideration of the amendments, had again sent it to the council, with a hope that it would be agreed to in its then shape; but that the council persisted in refusing to accede to

Bathurst's despatch of the 25th October; and states that it had been immediately laid before the council and house of assembly, with a mes. sage expressing sir Henry's earnest hope that the wishes of government would be speedily accomplished by the enactment of a slave consolidation bill. The replies which he had re

ceived from both branches of the legislature and substantial improvements had been effected, offered assurances of the Slave Amelioration Bill being again immediately brought forward; and sir Henry sincerely trusts that he shall ere long be enabled to report to lord Bathurst that a bill of that nature, in consonance with the views and expectations of his majesty's government, had passed into law.

and that yet further might be speedily expected, as would appear by the proceedings of the legislative council; in which it was declared that although the bill fell short of what the council wished to accomplish, they did not think it prudent to hazard further delay by again returning it amended to the other house, and therefore passed it, with a resolution that a supplemental bill for the purpose of supplying its deficiencies should be forthwith prepared, passed, and sent down to the house of assembly.

DOMINICA.

A despatch from earl Bathurst to sir Henry Warde, dated Downing Street, 8th January, “1825,❞ acknowledges the receipt of sir Henry's despatch of the 21st October, 1824, and expresses lord Bathurst's great disappointment that any cause should have led to a prolongation of that delay in passing a law for the melioration of the A despatch from earl Bathurst to the officer condition of the slaves, his regret at which he administering the government, dated "Downhad before declared. With regard to the cause ing Street, 26th July, 1824," encloses a copy of now alleged, lord Bathurst observes, that sir the order in council for the improvement of the Henry Warde must be aware that it was by no condition of the slaves in Trinidad, and notifies means necessary that the legislature should sus- the appointment of two bishops, the one for pend its proceedings (a purpose intimated in the Jamaica, and the other for the Leeward Islands. address of the house of assembly), in order to His lordship expresses his hope that the assemawait his opinion upon them, since they had bly of Dominica, by incorporating in their been already fully made acquainted with the statutes those provisions of the order in council wishes of his majesty's government; and a com- respecting Trinidad which are not yet to be parison of their proceedings with the documents found in their consolidation act, will lay the which had been laid before them was all that foundation of such a system of gradual improvecould be requisite to enable them to judge of ment of the condition of the slave population as the opinion which would be formed of the result will prove equally honourable to the assembly of their labours when complete; and it was and beneficial to those for whose advantage it obvious that a discussion and interchange of would appear to be more immediately intended. explanations between England and Barbadoes A despatch from major-general Nicolay to concerning the parts of the work, whilst incom-earl Bathurst, dated "Government House, plete, could only tend to embarrass its progress, and to protract the delays which he trusted each branch of the legislature had sincerely deprecated.

66

Dominica, 3d August, 1824," states, that the assembly was at that time prorogued, that it was to meet on the 10th, and that one of the first subjects of deliberation would be the bill for the melioration of the condition of the slaves; which the major-general had reason to believe would be carried into effect agreeably to lord Bathurst's wishes.

A despatch from sir Henry Warde to earl Bathurst, dated "Barbadoes, 2d March, 1825," states, that on its receipt he had immediately forwarded Lord Bathurst's despatch of the 8th January to the president, with a request that A despatch from major-general Nicolay to he would lay the same before both branches of earl Bathurst, dated "Government House, the legislature. Sir Henry declares that every Dominica, 28 March, 1825," states, that it was means in his power had been resorted to for the a matter of much regret to him that he was still purpose of expediting the enactment of a Slave unable to report that the legislature of Dominica Consolidation Bill, and that he entertained a had passed an act for the melioration of the strong hope that it would be speedily adopted. condition of the slave population, notwithstandA despatch from sir Henry Warde to earling he had repeatedly and strongly urged the Bathurst, dated "Government House, Barba-subject, both by public message and other "does, 28th March, 1825," encloses a copy of means. an act to repeal several acts and clauses of acts respecting slaves, and for consolidating and bringing into one act the several laws relating thereto, and for the better ordering and government of slaves, and for giving them further protection and security; for altering the mode of trial of those charged with capital and other offences, and for other purposes. Sir Henry observes, that he had lost no time in affixing his signature to the act as soon as it had passed the house of assembly and the council, considering that although it might not be so complete as his lordship might wish it to be, yet that very great

A bill to that effect was long ago introduced, but after much discussion it had not been completed. A new bill was to be brought in immediately, and he trusted no further obstacles would arise; though he greatly feared it would not comprise all the wished-for amend ments in the slave-laws; for he plainly perceived, even among the best disposed of the proprietors, an apprehension that, by going to the full extent recommended, they might relinquish what they considered to be necessary authority over their slaves. The only consolation under these delays was the conviction that, throughout this island, the slaves in general were con

« 이전계속 »