Page images
PDF
EPUB

(Passed 15th August, 1829.)

Religious Instruction, and Observance of the Sabbath.

Baptism and Marriage.

11. Owners or managers to promote baptism and religious instruction: the former within onths of the birth of infants, and on all adults so soon as they can be made sensible of religiduties: clergy, or dissenting preachers, required to perform the duty without fee or reward. 14. No market or shop shall be open on Sundays, otherwise than for the purchase of articles ood, under penalty of the seizure of goods, and fine of 5.- 15. No slave shall be employed in our on a Sunday, excepting in domestic business, sudden accident, or potting of sugar, under alty of 5l.: no mill to be put about between 8 on Saturday night and 4 on Monday morning, ler like penalty and no female having 6 children to be set to any species of laborious work, ler same penalty.- 12. Clergy to celebrate matrimony, also gratis, between parties applying h owner's consent, and appearing sensible of matrimonial obligations.

Food-Clothing-Lodging: General Treatment.

9. Every owner or manager shall allow to each slave sufficient land, adapted to the growth of ovisions, for his or her support and maintenance; each slave shall be allowed every Thursday, ring 7 months in the year, to cultivate the same: but where an owner has not suitable land, he all make ample provision for each slave in lieu thereof; and he shall provide for every family rood and comfortable house; and give to each slave, when practicable, a weekly allowance of It fish, or such other food as their ages and state of health may require; and give to each, fficient and suitable clothing and blankets: to slaves unattached to any estate, the owner shall so give comfortable lodging, sufficient food, and decent clothing: penalty 21. sterling for each nission. Justices shall, on complaint made, investigate the case, and provide each slave with dequate food and clothing at owner's cost.

Labour and Holidays.

§ 16. No slave shall leave home for labour before day-break, nor work after sun-set, excepting a particular cases requiring nightwork and each slave shall have time for breakfast 40 minutes, nd for dinner 1 hour and 40 minutes.

:

Punishment.

§ 19. Strictly prohibits exposure of females under punishment.-§ 20. Prohibits any kind of unishment by driver, unless under express order of owner or manager.-5 21. Limits overseer o infliction of 6 stripes; owner to 12, excepting in presence of other free person; not to exceed 20 under any circumstances; and not more than 12 on the day when offence committed; nor a second punishment, although for a second offence, on the same day; nor until recovered from effects of any former chastisement.-§ 22. To exceed those limits, or to wantonly or cruelly cut, wound, maim, or mutilate, or confine without sufficient support, shall be prosecuted as a misdemeanour, and punished by fine and imprisonment, or both. Magistrates appointed guardians, and required to investigate complaints, and direct prosecution of offender.

Separation of Families; and Sale of Slaves detached from Estates. Manumission.

13. Absolutely prohibits the separation by sale, judicial or private, of father, mother, and child or children under 12 years of age; such sale, if attempted, declared null and void.

Evidence. Trial, and Defence.

§ 5. The evidence of slaves shall in all cases, civil or criminal, be received and admitted, precisely as that of free persons, without any other restriction or exceptions whatever.-§ 2. Slaves accused of higher crimes than misdemeanour shall be tried in all respects like free persons. And shall, when required, have counsel assigned them at the public expense-insufficient time to instruct whom shall be a reasonable cause for deferring the trial to the following session.

Right of Property, and Right of Action.

§ 17. Empowers slaves to purchase, acquire, possess, and dispose of, real and personal property, to any amount; and to bring and maintain suits in respect thereof, as fully and amply in all respects as persons of free condition.-18. If any owner or other person shall deprive a slave of any property, the offender shall forfeit or pay the full value, with full costs of suit: action to be brought by the slave aggrieved.

Legal Protection.

$10. Justices of the peace are a council of protection requires of them, on information that any wner disregards, in any particular, the foregoing provisions, to inspect the grounds, clothing, and lodging of the slaves on the estate complained of, and forthwith to allot to each slave one quarter of an acre of land, or a weekly allowance of 7 quarts of corn-meal, or 5 quarts of rice or flour in lieu thereof, 2 pounds of salt fish; and annually for clothing, 6 yards of cloth, 6 yards of strong linen, 1 hat, &c.

BERMUDA.

(Passed in July, 1827.)

Religious Instruction, and Observance of the Sabbath. Baptism and Marriage.

§ 38. Provides for the intermarrying of slaves, without fee or charge, if with owner's consent; such marriagee, as also baptisms, to be formally registered.-$ 44. Punishes cohabitation of any married female slave with any man other than her lawful husband, by imprisonment and har

labour.

Punishment.

§ 23. Gaol punishment shall be by labour on the tread-mill. To be regularly visited by magistrates, who shall call in medical practitioner to ascertain health of slaves so confined, and on his certificate remit such punishinent.

Separation of Families; and Sale of Slaves detached from Estates. Manumission.

41. Prohibits the separation of husband and wife, and provides that a slave may purchase the freedom of his wife, and thereby their issue shall be free; and inay also purchase the freedom of his child or children.-$ 32. Slaves may maintain action, by guardian appointed by Chief Justice, against their owner, for breach of any contract of manumission: securities previously required in cases of manumission dispensed with, excepting where the slave is old, infirm, er otherwise incapable of maintaining himself.

Right of Property, and Right of Action.

$35. The secretary of the colony shall from time to time give notice in the Bermuda Gazette, of all bequests in favour of slaves, contained in any will registered by him: Chief Justice to appoint a guardian to recover the same in formá pauperis, if illegally disputed, or unreasonably delayed. 36. Secures to slaves any and all property bequeathed to them, or purchased by such bequest; and authorises its disposal by will, or otherwise.- 45. Establishes saving banks for deposit of the earnings of slaves.

Legal Protection.

§ 20. No owner or manager shall suffer sick or infirm slaves to wander about in quest af maintenance under penalty of 51. for each offence. 31. Chief Justice, or, if he be a party interested, then some other judge, shall, in all cases of contested freedom, appoint a guardian to sustain any suit in formá pauperis, on behalf of any person laying claim to freedom, and jury may award payment of defendant's costs from public treasury.

ANTIGUA.

(Passed the 21st April, 1798.)

Religious Instruction, and Observance of the Sabbath.

Baptism and Marriage.

By Act of 21st May, 1824, any person opening any shop or offering goods for sale on the Sabbath day, shall suffer fine and imprisonment: vendors of strong liquors shall forfeit their license. Druggists, butchers, and bakers excepted.-§ 22 26. Owners preventing slaves from attending church or chapel, or from receiving baptism, to forfeit 51.-Clergymen neglecting or refusing to baptize slaves, without fee or reward, to forfeit 30s.-Polygamy and promiscuous intercourse discouraged. Rewards given to slaves cohabiting as man and wife, and not yet capable of understanding the religious obligations of marriage; or, if married, observing the marriage vow; 4 dollars premium for the first, and 5 for each succeeding, child born in faithful connexion, with one man, as husband and wife. 1 dollar per annum whilst they live together observant of conjugal fidelity. 25. Any white person cohabiting with a female slave who shall have elected a husband, shall forfeit 100%

[ocr errors]

TO THE

PEOPLE OF GREAT BRITAIN AND IRELAND.

FELLOW COUNTRYMEN!

WE, the undersigned persons, possessing property in the West India olonies, have seen with regret and astonishment an Address to the People of Great ritain, put forth by a body of persons styling themselves the "London Antilavery Society," and signed on behalf of that Society by Messrs.

T. F. BUXTON,
S. GURNEY,

W. WILBERFORCE,
W. SMITH,

Z. MACAULAY,
D. WILSON,

R. WATSON,
S. LUSHINGTON,

alling on all the People of this Kingdom who prefer "humanity to oppression,' truth to falsehood,"-" freedom to slavery," to support those Candidates only o represent them in Parliament, who have determined upon adopting measures for the speedy annihilation of slavery ;" and in that Address they proceed to assure you that "none look with greater horror on the shedding of blood, or the remotest chance of occasioning such a calamity, than themselves; but that they are in their 'consciences convinced, after investigation most careful and scrupulous, that from the emancipation recommended, no risk to the White Inhabitants could arise."

FELLOW COUNTRYMEN! WE also prefer humanity to oppression, truth to alsehood, freedom to slavery; but we possess, with our property in the West India Colonies, the means of correctly ascertaining the actual state of the Negro Population. We know, and are ready to prove, that the general condition of the Slave. has been most grossly misrepresented by the London Anti-Slavery Society; and we assert, in the face of our country, our well-founded conviction, that the "speedy annihilation" of slavery would be attended with the devastation of the West India Colonies, with loss of lives and property to the White Inhabitants, with inevitable distress and misery to the Black Population, and with a fatal shock to the commerci..l credit of this Empire.

We deny the injurious slander that "the holders of Slaves have proved themselves unfit and unwilling to frame Laws for the benefit of their Bondsmen;" on the contrary, out of the various measures suggested by the British Government, for ameliorating the condition of Slaves, the far greater proportion of them are now in force under Laws enacted by the Colonial Legislatures. We have desired, we still desire, and will most actively promote, any investigation on oath which Parliament shall be pleased to institute, for the purpose of ascertaining what is the real condition of the Slave Population-what laws have been passed for their benefit-what progress they have made, and are now making, towards civilization-and what further well-digested measures are best calculated "to prepare them for a participation in those civil rights and privileges which are enjoyed by other classes of his Majesty's subjects"-and this "at the earliest period compatible with the well-being of the Slaves themselves, with the safety of the Colonies, and with a fair and equitable consideration of the interests of private property."

SIMON H. CLARKE, BART.
HENRY W. MARTIN, BART.
W. WINDHAM DALLING, BART.
WILLIAM H. COOPER, BART.
WILLIAM FRASER.

WM. MAX. ALEXANDER.
J. L. ANDERDON.

DAVID BAILLIE.

JOHN BAILLIE.

J. FOSTER BARHAM.

ENEAS BARKLY.

ANDREW COLVILE.
JOHN DANIEL
HENRY DAVIDSON.

LONDON, April 29th, 1831.

[ocr errors]

JOHN H. DEFFELL.
JAMES B. DELAP.
JOHN FULLER.
ALEXANDER GRANT.
ALEXANDER HALL.
ROBERT HIBBERT.
GEORGE HIBBERT.
THOMSON HANKEY.
ISAAC HIGGIN.
HUGH HYNDMAN.
JOHN INNES.
WILLIAM KING.
ROGER KYNASTON.
DAVID LYON,

NEILL MALCOLM.
WILLIAM MANNING.
JOHN P. MAYERS.
PHILIP JOHN MILES.
JOHN MITCHELL.
ROWLAND MITCHELL.
G. H. DAWKINS PENNANT.
WILLIAM ROSS.
GEORGE SHEDDEN.
A. STEWART.

GEORGE WATSON TAYLOR.
ROBERT TAYLOR.
JOHN WATSON.

The Anti-Slavery Society declare

"That the experience of the last eight years has demonstrated incontrovertibly, that it is only by the direct intervention of Parliament that any effectual remedy "can be applied.”

And one of the Resolutions proposed to the House of Commons at the close of the last Session, by Mr. T. F. BUXTON, also declared―

"That, during the eight years which have elapsed since the Resolutions of the "House of Commons in 1823, the Colonial Assemblies have not taken adequate means "for carrying those Resolutions into effect."

As it is, therefore, on the express ground of the alleged refusal of the Colonial Assemblies to take adequate measures for carrying into effect the Resolutions of 1823 that the Anti-Slavery party invoke the interference of Parliament, it has been thought fit to show what are the existing Laws of the several Colonies, and which Laws (with one exception, p. 12,) are either entirely new, or have been re-enacted with great improvements, within the last eight years.

The follov ing Abstract of the existing Laws of our West India Colonies is compiled from Documents presented to Parliament by His Majesty's command, and printed by order of the House of Commons.

JAMAICA.

(Abstract of the Consolidated Slave Law, passed 19th February, 1831. This Act was passed as long ago w 1826, but with certain clauses which caused the disallowance of the whole by his Majesty's Government: those Clauses are now rescinded.)

Religious Instruction, and Observance of the Sabbath. Baptism and Marriage.

6. Sunday markets and shops shall close at 11 a. m.; excepting druggists, and a few other cases, in conformity with the practice of England relative to the Sabbath: penalty 51.- 7. Prohibits levies on slaves on Saturdays, in order to enable them to attend religious duties on Sundays —§ 10. Slaves shall not be compelled to work on Sundays, even in crop time; nor the mill be put about between 7 p. m. on Saturday and 5 a. m. on Monday: under penalty of 201.- § 3. The clergyman of each parish shall, on application, without fee or reward, baptise all slaves who can be made sensible of a duty to God and the Christian faith in the which the owners or their deputies are to use their utmost endeavour to instruct them.-§ 4. The said clergyman shall also, without fee, marry, with their owner's consent, any slaves who have been baptised, and are desirous of contracting matrimony; if such clergyman shall, upon examination of the parties, consider them to have a proper and adequate knowledge of the obligations of such a contract.

Food-Clothing-Lodging: General Treatment.

§ 11. Slaves shall be furnished with adequate provision-grounds, which the master shall, once a month, under a penalty of 107. ascertain and declare upon oath to be properly cultivated; or, in default of ground, or during drought, a weekly allowance of 3s. 4d. to each slave, under penalty of 50/-§ 12. All slaves shall, at least once a year, be supplied with proper and sufficient lothing, to be approved of by the justices and vestry of the parish, under penalty of 51 for each omission; and the owner, or overseer, shall annually declare upon oath, that these several regulations have been faithfully observed under penalty of 100l.—§ 18. Sick and infirm slaves are to be maintained by their owners; and if they are permitted to wander about, such owner or his agent is subject to a penalty of 20l. and the expense of maintaining such slaves; who, as well as all diseased or destitute manumised persons, and slaves without owners, shall be

Those Resolutions were :

1. "That it is expedient to adopt effectual and decisive measures for meliorating the condition of "the Slave Population in His Majesty's Colonies."

2. "That, through a determined and persevering, but, at the same time, judicious and temperate "enforcement of such measures, this House looks forward to a progressive improvement in the character of "the Slave Population, such as may prepare them for a participation in those civil rights and privileges "which are enjoyed by other classes of His Majesty's Subjects."

3. "That this House is anxious for the accomplishment of this purpose at the earliest period that shall be compatible with the well-being of the Slaves themselves, with the Safety of the Colonies, and with a fair and equitable consideration of the interests of Private Property.”,

ENACTED IN THE BRITISH WEST INDIA COLONIES.

properly maintained, in the parish workhouse.- 21. Owners shall settle on old, infirm, or disabled slaves manumitted by them 107, a year, under penalty of 100l. to be paid the churchwardens, who are then to support them.-See also § 52: under" Punishment."

Labour and Holidays.

§ 26. Slaves shall have half an hour for breakfast, and two hours for dinner; and shall not be compelled to field-labour before 5 in the morning or after 7 at night, except during crop, under penalty of 50l.-§ 8. Slaves shall have one day in every fortnight, except in crop-time, but at least twenty-six days in the year, called Negro-days, exclusive of Sundays, to cultivate their own provision-grounds, under penalty of 201.-17. All mothers having six of their own or adopted children are exempted from any species of laborious work. 27. Holidays at Christmas, Easter, and Whitsuntide, to be allowed; but not more than three days in succession.

Punishment.

§ 36. No slave shall receive more than 10 lashes, except in presence of owner or overseer, &c., nor in such presence more than 39 in any one day, nor until recovered from former punishment: under penalty of 201.-$ 37. No person shall send a slave into any workhouse for a longer period than ten days, nor order him to receive there more than 20 lashes, without a justice's warrant: penalty 51.-§ 52. Slaves confined in gaol or workhouse, to have a sufficient supply of food (3 pints of meal or wheat flour, or 8 lbs. of yams, and 1 herring daily); and also good and sufficient clothing.-§ 39. No collar, or chains, to be put on slaves, but by order of a magistrate on penalty of 501. Justice of peace to cause such collar, &c. to be removed, under a penalty of 100.-§ 120. Convicts sentenced to hard labour for life, behaving well, governor, on representation of commissioners of workhouse, may, with convict's consent, order him to be released.—§ 109. Execution of death to be solemn and public. Rector or curate to attend criminal while under sentence, and at execution. Gaoler, under penalty, to keep prisoner sober. Execution, as in England.

Separation of Families; and Sale of Slaves detached from Estates. Manumission.

§ 5. In all cases where a levy shall be made of a family or families, each family shall be sold together and in one lot.-§ 66-74. Manumission-bonds securing to each slave an annuity of 10 dispensed with, in devises of freedom; but estate of testator made liable for annuity to person emancipated. Freedom by will at once established. Manumission-bond also dispensed with, on satisfying magistrates and vestry that slave is not aged or infirm, but capable of earning his own maintenance. Although for the devise of slaves three witnesses are required, yet, to faci litate manumission, a devise of freedom by any paper which would be sufficient to pass personal estate is valid.—§ 67. Removes impediments to manumission in consequence of the limited estate of the owner; facilities for the manumission afforded.—§ 70. Orders of manumission to be duly recorded, a certified copy of which shall be evidence in any court.

Evidence. Trial, and Defence.

§ 128. The evidence of slaves shall be admitted in all criminal cases, against all persons. Proviso, that certificate of baptism be produced, and that slave understands obligation of an oath; that no free person be convicted but on consistent evidence of two slaves, examined apart; and that no free person be convicted on slave testimony, unless complaint be made within twelve months.- 97. Slaves committing offences subjecting to death, transportation, or hard labour for more than one year, to be tried before grand and petit jurors, as white persons are tried. Sentence of death or transportation not to be effected without warrant from governor, who is to see indictment, evidence, sentence, or copy attested; except in cases of rebellion, &c., when execution immediate, but reference may be made to governor.-§ 100. Barrister or attorney to defend slaves capitally in dicted. To be paid salary or fees out of parochial funds. Free witnesses not attending slave court to be fined.-§ 102. Jurors, &c.; and slaves in attendance on slave courts, exempt from civil process.

Right of Property and Right of Action.

§ 15. Establishes the right of slaves to personal property, and gives to it a further protection than that of free persons, by inflicting a penalty of 107. ou any persons trespassing on it, in al dition to the value, to be summarily recovered.-§ 16. Secures to slaves the right to receive bequests of personal property.

Legal Protection.

$30. Murder of a slave shall be punished with death.- 32. Rape on female slave, or carnal knowledge under puberty, felony without benefit of clergy.- 33. If any person whatsoever shall, of his own act, or with his knowledge, suflerance, privity, or consent, mutilate or dismember, or wantonly or cruelly whip, maltreat, beat, bruise, wound, or imprison, or brand, any slaves he shall be indictable in any court of the island, and on conviction suffer fine (100l.) or imprisonment (12 months) or both. In atrocious cases of maltreatment by owner, slave to be made free and to receive 107. per annum from the parish, to which parish the fine of 100l. on owner is to be paid. Justices on receiving information of any offence against this clause, to issue warrant to

« PreviousContinue »