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and tools, and the latter is obliged to return a certain quantity of jewels, or gold, according to the nature of the ground. The pearl fisheries of Panama were in the hands of Negro slaves, who were bound in the same manner, to render a certain number of pearls every week. In neither of these employments is capital necessary, beyond a very small quantity. It is true, that a great fall of profits on the present abundant capital in the West Indies, might reuder it necessary for the owner to resort to a cheap mode of cultivation; but it does not follow, in any shape, that he would resort to share cultivation for that purpose.

But the difficulties with respect to the views of certain reasoners on the side of the Negroes, are not confined to doubts. At present, as there is no law in any of the colonies to prohibit the owner from separating his slaves from the land, by sale or disposition at his pleasure, there can be no question that inconvenience, and even injustice might be done, if this right were taken away immediately; but we believe, that security would be provided against such consequences, if the abrogation of the right were postponed, so as to give him time to prepare for the change.

It appears that the raising of sugar and coffee has sometimes the effect of exhausting the soil, so as to render it barren: the islands are likewise exposed to hurricanes which lay waste the planters' stock and crops. In these circumstances, it would be a great injustice to the latter to prevent him from removing his slaves to a new soil, or from disposing of them, at a time when they might be the only property left him. These are, however, extreme cases, and ought not to affect the general question; besides, justice might be done, if the claim of the planter were left to the adjudication of some tribunal, competent to decide fairly between him and the slaves.

The main difficulty lies in preserving the rights of creditors. We shall not stop here to consider why mortgages are so much more common in the West Indies than elsewhere; we only need state the fact, that owing to certain circumstances, it rarely happens that a West India estate is not incumbered with mortgagecharges, generally in favour of the merchant in England, who lends on condition of receiving the consignments of the produce, in order to get the commission.

As the security of the merchant requires that he should be empowered to recover his loan without the impediments thrown in the way of mortgages in England, it is the practice for them to take judgments from the borrowers, which can be made immediately available by a writ of execution, under which, by the colonial laws, the land may be seized and sold, as well as the stock and crop. The sheriff or provost-marshal is bound to seize and sell in the following order :-first, the crops; then the goods; then the debts due to the defendant; next the plantation utersils; afterwards the slaves, and lastly the land; resorting only to the two last in case of deficiency in all the rest. As the worth of the crops (which are the only effects of much value) depends upon the season of the year, it happens, of course, that the sheriff or provost must have recourse to the slaves, who are sold in this way much more commonly than is generally supposed. The only mode of preventing the mischief is, to provide that the land shall be sold with the slaves, which would of course amply secure them from being detached from it. Lord Bathurst, in his circular, appears to have fallen into an error as to the requisition of the abolitionists on this head, as he supposes that it extends to prevent the sale of slaves for payment of debts in all cases; but it is obvious that this would have the very effect which is to be guarded against, since if the slaves could not be sold at all, the land would be seized and sold away from them. In cases where the mortgage deed is charged by the parties on the slaves alone, and not on the land, things must be left to their course; but as they are of rare occurrence, the mischief would be comparatively small. Injustice, it is true, would be done, in the cases of exist ing debts, if such an alteration in the law were effected immediately; but if time were given for the purpose, it is clear that none whatever would arise. For there are but two ways in which a law affecting existing debts can operate; viz. the debtor either owes no more than his crop and slaves would satisfy, or his debt is so large that the writ must take the land. In the latter event, it is obvious that the proposed change could affect neither party. In the former, the order in which the sheriff or provost is obliged to sell, makes the slaves the real security, after the crop; the land, though bound by the judgment, being unavailable. Now

necessary to compel the delinquent to

any mischief that could befal the debtor would be either from the creditor's acce- work. The planters, therefore, have some lerating or retarding the execution. If it reason for asserting, that to exempt the were hastened, he would do no more than female slaves from corporal punishment, he is empowered to do under the existing would be at once to proclaim freedom to law; and if he retarded it for the purpose one half of the slave population. Perhaps of making the land available, the debtor the worst part of female punishment the would have the opportunity, in the mean- exposure, might be considerably avoided time, of making arrangements by borrow- if the punishment were inflicted by none ing from a new lender, or by saving from | but persons of the female sex. the estate. If the debtor could do neither, the land would be sold as well as the slaves, because he would have no other resource than the sale of his estate, when deprived of the means of working it. It is impossible to say that such a provision would be productive of no hardship whatever, because there may be particular cases out of the common rule; but they cannot be numerous, and consequently ought not to stand in the way of a great improvement. The alteration might be made immediately with respect to future debts, without any injustice what

ever.

But of all the projected improvements, a change in the system of punishing the slaves, is that which is attended with the greatest difficulties. It has been doubted whether flogging be actually applied to the slaves at work; but the paper of remarks by a committee of Trinidad planters upon Lord Bathurst's circular, which appeared in the Trinidad Gazette of August 1824, sets all doubts at rest, as it declares that "by those who "have most considered the subject in that "colony, the use of the whip (in the field) " is believed to be identified with the exist❝ence of slavery." Lord Bathurst directs that the whip shall be disused in the field, and altogether discontinued in the case of women, and that the punishment shall not be inflicted until the day after the offence, and in the presence of one free person, besides the owner or overseer. With respect to the exception of females from flogging, there can be no doubt of the importance of preserving that sex from the shocking exposure which such punishment makes unavoidable; but the planters appear at a loss to supply any other stimulus. Confinement is nearly without effect with their present habits, for the exemption which it affords from labour is more than a compensation for the restraint; and hard labour cannot be resorted to, as in our own prisons, since the whip would be

The rest of Lord Bathurst's regulations, we consider not only as nugatory, but as highly mischievous. The owners and overseers, finding themselves deprived of the old modes of chastisement, will be racking their inventions to devise new ones, to which the regulations will not extend; and it is too probable that these will be much more cruel. Something of the kind is already taking place in Trinidad, where the regulations have been put into force. We are afraid that so long as the slave is made to work by fear, no material change can take place in this respect, and we see no hope of the substitution of another stimulus, until the state of things is radically altered, The only effective measure for preserv ing the slave from the abuse of the owner's power at present, would be to establish a law empowering the slave to change masters for ill treatment, as in the Spanish colonies, where any slave, on proof of bad trea ment, may insist on being tran ferred to another master, at such a price as may be settled between the purchaser and the seller; in which case, if the latter be exorbitant in his demand, a third party is named as umpire.

It is manifest that the benefits of these or any other changes cannot be effectually secured to the slaves, unless the important point of receiving their evidence judicially be conceded by the planters, who are more obstinate upon this than on any other subject. The objection to it is founded on one of the numerous fallacies which run through the system of English law. Instead of receiving testimony wherever it can be had, and of whatsoever sort, it is a principle with English lawyers to hamper it with difficult rules and qualifications which have generally the effect of excluding large classes of it, and those, too, of the highest importance in elucidating the case. One of the most objectionable of these rules is, the admission of no evidence unless proffered upon oath; this makes it incumbent

"

These measures of improvement are to be regarded as steps to the emancipation of the slaves; but there are many regu lations which might be made, to render their present condition more happy. We shall confine ourselves to one which we deem to be more important than any other

the repeal of the monopoly which the West Indians possess of the sugar and coffee markets. That monopoly is at present supported by a protecting duty of 10s. per cwt. upon East India sugar, and of 3d. per. Ib. upon East India coffee. The West Indians do not allege that they have any claim, on the score of merit or past or present services, to levy these contributions on the consumers. Their main justification is, that the monopoly is necessary to the well-being of the slaves. They maintain, that the depression in price, which its abrogation would produce, would aggravate the misery and privation of the slaves, and, perhaps, expose them to starvation. With respect to starvation, the facts we have adduced already, put it out of the question; we, therefore, need not enlarge upon that head. We shall observe, however, that any thing which lowers the profits of the planters, lowers also the value of the slave, and con sequently increases the willingness of the master to manumit him, as it di minishes the sacrifice. If the redemption be effected by the slave, out of his own

upon the witness to understand what is called the "nature and obligation" of that sanction, which, in their turn, cannot be comprehended, unless he has received proper religious instruction, or at least, unless he holds a proper religious creed. The state of piety and morals is so low at present amongst the slaves, that their understandings will not grasp this knowledge, and therefore the planters, in accordance with the lawyers, maintain that their evidence is not to be credited. At best, that is only a reason for doubting, and not for excluding it. Lord Bathurst has confirmed this fallacious rule by recommending, that the testimony of slaves shall be received when they can produce from their clergymen or religious teachers, certificates that they are so far instructed in religious principles as to know the meaning of an oath. This will throw the decision of all causes, in which the production of slave evidence is essential, into the hands of the clergyman, who must be appointed by the owner, and consequently be more or less under his influence. But even this partial abolition of the old rule, excepts one case in which the evidence of slaves is more indispensable than in any other that can be imagined. Whites capitally charged are not to be affected by slave testimony. Therefore, they may murder the slaves with impunity, provided they do it when only slaves are by, and so as to avoid being inculpated by circum-means, it is obvious, that it is in like man stantial evidence; and as by the new regulations, a white man forfeits his slaves after being twice convicted of cruelty, he has now only to slay them outright under the same precautions. The colonists object that the masters' lives would be exposed to jeopardy from the false evidence of the slaves. Strange confusion of ideas! As if there could be any danger from the machinations of witnesses, whose evidence the objection itself supposes to be generally known or suspected as false. But the notion which the colonists have of justice is still more extraordinary; for although they are chary of exposing themselves, they do not extend the same protection to the slaves, who are uniformly allowed to testify for or against one another. In some of the colonies, the people of colour and free blacks are exposed to it also, although they are sometimes the holders of considerable property; in Trinidad they possess half the estates in the island.

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ner rendered more easy. The principal hardship, which it is alleged the slave would suffer from the depression, would be the overworking, which would be necessary in order to make up by an increase of the quantity of produce, for what is lost by the decrease in price. Now the effect of lower prices is a decrease rather than an increase of production; for an increase only lowers the price still further, whilst a decrease, which is the consequence of the state of prices not making it worth the planter's while to continue to grow, raises them again. Referring to the question of starvation, we may remark, that if low prices starve the slaves, they must operate through one of two means; viz., the master must either deprive the slave of the provision grounds, or appropriate the days allowed for their cultivation; but the effect of low prices in reducing production, shews that the temptation to do either is decreased rather than augmented. Let us suppose, however, that the practice

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prevails of distributing food to the slaves, and the quantity of sugar 41 cwt per instead of allowing them to raise it them- slave. selves. What will be the result? By this supposition, the labour of the plantation is entirely devoted to the culture of sugar or coffee, and it is by provisions purchased with part of this same sugar and coffee that the slaves are supported. If the abolition of the monopoly reduce profits so low that they will not afford a maintenance to the slaves, it is indisputable that they must starve if the owner be bent on carrying on that cultivation. But this is an infatuation which can be imputed only to insanity: for who can be supposed capable of persisting in a pursuit which not only yields him no remuneration, but destroys a principal part of his stock? The obvious course open to the planter is, to devote a part of his capital to the raising provisions on his estate for preserving his slaves. It is contrary, however, to all experience to suppose, that the planter would let his capital lie idle, which would be more or less the result of employing his slaves in raising their provisions for themselves. His attention would be turned to reducing the cost of raising his old commodity, or to raising other kinds of produce. Of all the products raised in the colonies, it appears that sugar yields the largest profits, and, as it is the staple commodity, it may be fairly concluded, that its profits fix the average rate which other products maintain by a more economical sort of cultivation. Now it is a remarkable fact, that the mortality amongst the slaves employed in raising sugar is greater than that in places where other articles are grown. Tobacco, cotton, and rice, are the staples of the slave states in North America, and the slaves there increase at the rate of 21 per cent. per annum. In the Bahamas, where no sugar is grown, the slaves increase at 14 per cent., and in Barbadoes, where very little is grown, at per cent. per annum. But in St. Lucia, from 1819 to 1822, the decrease in the slaves was at the rate of 2 per cent. per annum, the quantity of sugar being about 53 cwt. for each slave. In Tobago, in the same years, the decrease was at the rate of 2 per cent., and the quantity of sugar 9 cwt. per slave. In St. Vincent's, from 1817 to 1822, the decrease was at the rate of 13, and the quantity of sugar 10 cwt. per slave. In Jamaica, from 1817 to 1820, the decrease was at the rate of per cent.,

In Granada, during the same years, the decrease was at the rate of 1 per cent., and the quantity of sugar 9 cwt. per slave. In Demerara, during the same years, the decrease was at the rate of between 2 and 3 per cent. per annum, and the quantity of sugar 84 cwt. per slave; and in Trinidad, during the same period, the decrease was at the frightful rate of 33 per cent. (a rate that would sweep off about half the inhabitants of the world in twenty years), and the quantity of sugar 12 cwt. per slave*. What conclusion can be drawn from these facts? We are not aware that the unhealthiness of the sugar grounds is greater than that of other plantations; on the contrary, the cotton and rice grounds of the United States are rather esteemed the more unwholesome. We are, therefore, bound to believe, that this mortality arises from the high profits on sugar, which makes up for the neglect and sacrifice of the slaves. Where little or no economy is called for, it is obvious that the planter can afford this neglect and sacrifice; but where it is necessary, the planter resorts to good treatment, because it prevents the decay of their numbers, which he cannot afford to diminish. Any measure, therefore, which would oblige the planter to resort to a cheaper sugar-culture, or to raising other produce, would necessarily add to an improvement in the condition of the slaves. Economy in cultivation, has in some cases, not only led to considerable improvement, in the treatment of the slaves, but to a most important change in their habits, introducing, as it were, an inferior kind of independence. In Dutch Guiana, the competition of capitals and other difficulties which laid the colonists under the necessity of attending to the smallest savings, made them find out that task work was the most profitable manner of working the slaves, and it was universally adopted ; and in the Atlantic states of North America, where the staple articles are cotton, rice, and tobacco, which call for much attention to economy, task work is also in general use. The subject of this monopoly, considered

slave

1824.

mons,

For these calculations, see returns of the
population, laid before the House of Com-
Nos. 89, 347, and 424.
4th March 1823, 14th May 1823, and June

+ Brougham's Colonial Policy.
Hodgson's Travels in America.

simply with reference to the rights of the planters, has more properly formed part of another question*, and need not be enlarged on here; but at all events, it derives no support from any supposed connexion it may have with the well-being of the slaves.

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could. The Spanish colonists had an excellent custom for the facilitation of self-redemption, which might be adopted as a law in our colonies; for nothing would tend more to give the slave industrious habits. As soon as he had accumulated by his industry and frugality the fifth part of his value, it was usual for the master on being paid the amount, to relinquish to the slave another day of the week, besides Sundays and holidays, and so on until he paid the whole of his ransom, and thus became altogether free. Perhaps such a regulation might be materially aided, if a fund were created by parliament to pay a small portion of the redemption price, such as a fifth or sixth. It would not need be large, because the slowness of the process would allow it to accumulate, at the same time that it would afford great encouragement to the slaves, and increase the confidence in the whitest.

The question of voluntary manumission presents more difficulties. Simply to manumit the slave, wi'hout first teaching him habits of industry and honesty, would, in the first place, be doing him a very small benefit: for we presume, that a life of such indolence as to make them

To return to the subject of enfranchisement. One of the chief means of hastening it would be to call a body of free labourers into existence, to work concurrently with the slaves, by giving the latter every fair opportunity of emancipation, consistent with the view we have taken of the principles of Negro labour in the West Indies. The best mode of emancipation is undoubtedly to give facilities to the slave himself to purchase his freedom. In the Spanish colonies the slave had a right to it by law, as soon as he could pay to his owner the sum he cost: but this regulation is obviously faulty; because it must be unjust towards the master, in case the value of the slave increase, whilst, if his price be taken at the time, great wrong may be done to the slave; for if he be able to redeem himself, it must be by his frugality and industry, so that the very qualities which make him worthy of his freedom," the pests of society," as we have enhance his value, and, by consequence, the dearness of his ransom. Mr. Cooper, who went out to Jamaica, to instruct the Negroes on the estate of Mr. Hibbert, states, that he knew three valuable men who wished to purchase their freedom. They had long applied in vain to the resident agents of the proprietor. They at length, however, obtained their end by an application to the proprietor himself, then in England. After this, a fourth made many efforts to retain his freedom by purchase; but they proved unavailing, and he sank in consequence into a state of despondency, and became of comparatively little value. Lord Bathurst, however, has chosen to adopt the latter plan, leaving the valuation to the award of a third party. The measure we should suggest is a graduated scale of prices adapted to the age, sex, and capacity of each slave, with a maximum, however, fixed rather above the highest rate that the best run of slaves sell for, beyond which the owner should not be allowed to push his demand, leaving it at the same time to the slave to make a cheaper bargain for himself if he

* Ante, p. 623, et seq. + Negro Slavery.

already seen the free Negroes described to be, will not be looked on as a very hopeful one; and, in the next place, a class of free idlers might have a fatal effect on the rest of the slaves, who ought to be kept out of the sight of indolence. The colonial laws in most of the islands, impose a fine upon the owner, on the voluntary manumission of his slave, sufficient for his support when free; and this fine is paid into the treasury of the colony for that purpose, or a bond is given to the same effect. These securities are required to prevent unfeeling persons from emancipating old and crippled slaves, in order to elude taxation, and the expense of maintenance. The fine we think unadvisable; but we are so far from looking at the bond in that light, that we should

Of the willingness of the slaves to purchase their own freedom, there is an extraordinary proof in Trinidad. From the 24th June to 24th December 1824, 89 slaves were manumitted, 69 of whom purchased their own freedom, and paid at the rate of 651. sterling each. The slaves in that island are about 22,000: so that this is at the rate of 1 per cent. per annum, and that in the first half year after the new regulation.-See additional papers in explanation of the measures of Government, laid before Parliament last session.

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