“that run away and lie out, _it is lawful for any person whatsoever to kill and destroy such slaves, by such ways and means as he, she, or they shall think fit, without accusation or impeachment of any crime for the same_.”–And lest private interest should incline the planter to mercy, it is provided, “_That every slave so killed, in pursuance of this act, shall be paid for by the public_.”
It was doubtless a like sense of sympathy with that expressed by Morgan Godwyn before mentioned, for the oppressed Negroes, and like zeal for the cause of religion, so manifestly trampled upon in the case of the Negroes, which induced Richard Baxter, an eminent preacher amongst the Dissenters in the last century, in his _christian directory_, to express himself as follows, viz. “Do you mark how God hath followed you with plagues; and may not conscience tell you, that it is for your inhumanity to the souls and bodies of men?”–“To go as pirates; and catch up poor Negroes, or people of another land, that never forfeited life or liberty, and to make them slaves, and sell them, is one of the worst kinds of thievery in the world; and such persons are to be taken for the common enemies of mankind; and they that buy them and use them as beasts for their mere commodity, and betray, or destroy, or neglect their souls, are fitter to be called devils incarnate than christians: It is an heinous sin to buy them, unless it be in charity to deliver them. Undoubtedly they are presently bound to deliver them, because by right the man is his own, therefore no man else can have a just title to him.”
CHAP. VIII.
Griffith Hughes’s account of the number of Negroes in Barbadoes. Cannot keep up their usual number without a yearly recruit. Excessive hardships wear the Negroes down in a surprising manner. A servitude without a condition, inconsistent with reason and natural justice. The general usage the Negroes meet with in the West Indies. Inhuman calculations of the strength and lives of the Negroes. Dreadful consequences which may be expected from the cruelty exercised upon this oppressed part of mankind.
We are told by Griffith Hughes, rector of St. Lucy in Barbadoes, in his natural history of that island, printed in the year 1750, “That there were between sixty-five and seventy thousand Negroes, at that time, in the island, tho’ formerly they had a greater number. That in order to keep up a necessary number, they were obliged to have a yearly supply from Africa. That the hard labour, and often want of necessaries, which these unhappy creatures are obliged to undergo, destroy a greater number than are bred there.” He adds, “That the capacities of their minds in common affairs of life are but little inferior, if at all, to those of the Europeans. If they fail in some arts, he says, it may be owing more to their want of education, and the depression of their spirits by slavery, than to any want of natural abilities.” This destruction of the human species, thro’ unnatural hardships, and want of necessary supplies, in the case of the Negroes, is farther confirmed in _an account of the European settlements in America_, printed London, 1757, where it is said, par. 6. chap. 11th, “The Negroes in our colonies endure a slavery more compleat, and attended with far worse circumstances, than what any people in their condition suffer in any other part of the world, or have suffered in any other period of time: Proofs of this are not wanting. The prodigious waste which we experience in this unhappy part of our species, is a full and melancholy evidence of this truth. The island of Barbadoes, (the Negroes upon which do not amount to eighty thousand) notwithstanding all the means which they use to increase them by propagation, and that the climate is in every respect (except that of being more wholesome) exactly resembling the climate from whence they come; notwithstanding all this, Barbadoes lies under a necessity of an annual recruit of five thousand slaves, to keep up the stock at the number I have mentioned. This prodigious failure, which is at least in the same proportion in all our islands, shews demonstratively that some uncommon and unsupportable hardship lies upon the Negroes, which wears them down in such a surprising manner.”
In an account of part of North America, published by Thomas Jeffery, 1761, the author, speaking of the usage the Negroes receive in the West India islands, says, “It is impossible for a human heart to reflect upon the servitude of these dregs of mankind, without in some measure feeling for their misery, which ends but with their lives.–Nothing can be more wretched than the condition of this people. One would imagine, they were framed to be the disgrace of the human species; banished from their country, and deprived of that blessing, liberty, on which all other nations set the greatest value, they are in a measure reduced to the condition of beasts of burden. In general, a few roots, potatoes especially, are their food, and two rags, which neither screen them from the heat of the day, nor the extraordinary coolness of the night, all their covering; their sleep very short; their labour almost continual; they receive no wages, but have twenty lashes for the smallest fault.” _A thoughtful_ person, who had an opportunity of observing the miserable condition of the Negroes in one of our West India islands, writes thus, “I met with daily exercise to see the treatment which those miserable wretches met with from their masters; with but few exceptions. They whip them most unmercifully on small occasions: you will see their bodies all whealed and scarred; in short, they seem to set no other value on their lives, than as they cost them so much money; and are restrained from killing them, when angry, by no worthier consideration, than that they lose so much. They act as though they did not look upon them as a race of human creatures, who have reason, and remembrance of misfortunes, but as beasts; like oxen, who are stubborn, hardy, and senseless, fit for burdens, and designed to bear them: they won’t allow them to have any claim to human privileges, or scarce indeed to be regarded as the work of God. Though it was consistent with the justice of our Maker to pronounce the sentence on our common parent, and through him on all succeeding generations, _That he and they should eat their bread by the sweat of their brows_: yet does it not stand recorded by the same eternal truth, _That the labourer is worthy of his hire?_ It cannot be allowed, in natural justice, that there should be a servitude without condition; a cruel, endless servitude. It cannot be reconcileable to natural justice, that whole nations, nay, whole continents of men, should be devoted to do the drudgery of life for others, be dragged away from their attachments of relations and societies, and be made to serve the appetite and pleasure of a race of men, whose superiority has been obtained by illegal force.”
Sir Hans Sloane, in the introduction to his natural history of Jamaica, in the account he gives of the treatment the Negroes met with there, speaking of the punishments inflicted on them, says, page 56. “For rebellion, the punishment is burning them, by nailing them down to the ground with crooked sticks on every limb, and then applying the fire, by degrees, from the feet and hands, burning them gradually up to the head, whereby _their pains are extravagant_. For crimes of a less nature, gelding or chopping off half the foot with an axe.–For negligence, they are usually whipped by the overseers with lance-wood switches.–After they are whipped till they are raw, some put on their skins pepper and salt, to make them smart; at other times, their masters will drop melted wax on their skins, and use several _very exquisite torments_.” In that island, the owners of the Negroe slaves set aside to each a parcel of ground, and allow them half a day at the latter end of the week, which, with the day appointed by the divine injunction to be a day of rest and service to God, and which ought to be kept as such, is the only time allowed them to manure their ground. This, with a few herrings, or other salt fish, is what is given for their support. Their allowance for cloathing in the island, is seldom more than six yards of oznabrigs each year. And in the more northern colonies, where the piercing westerly winds are long and sensibly felt, these poor Africans suffer much for want of sufficient cloathing; indeed some have none till they are able to pay for it by their labour. The time that the Negroes work in the West Indies, is from day-break till noon; then again from two o’clock till dark (during which time, they are attended by overseers, who severely scourge those who appear to them dilatory); and before they are suffered to go to their quarters, they have still something to do, as collecting herbage for the horses, gathering fuel for the boilers, &c. so that it is often past twelve before they can get home, when they have scarce time to grind and boil their Indian corn; whereby, if their food was not prepared the evening before, it sometimes happens that they are called again to labour before they can satisfy their hunger. And here no delay or excuse will avail; for if they are not in the field immediately upon the usual notice, they must expect to feel the overseer’s lash. In crop time (which lasts many months) they are obliged, by turns, to work most of the night in the boiling house. Thus their owners, from a desire of making the greatest gain by the labour of their slaves, lay heavy burdens on them, and yet feed and cloath them very sparingly, and some scarce feed or cloath them at all; so that the poor creatures are obliged to shift for their living in the best manner they can, which occasions their being often killed in the neighbouring lands, stealing potatoes, or other food, to satisfy their hunger. And if they take any thing from the plantation they belong to, though under such pressing want, their owners will correct them severely for taking a little of what they have so hardly laboured for; whilst many of themselves riot in the greatest luxury and excess. It is matter of astonishment how a people, who, as a nation, are looked upon as generous and humane, and so much value themselves for their uncommon sense of the benefit of liberty, can live in the practice of such extreme oppression and inhumanity, without seeing the inconsistency of such conduct, and feeling great remorse. Nor is it less amazing to hear these men calmly making calculations about the strength and lives of their fellow men. In Jamaica, if six in ten of the new imported Negroes survive the seasoning, it is looked upon as a gaining purchase. And in most of the other plantations, if the Negroes live eight or nine years, their labour is reckoned a sufficient compensation for their cost. If calculations of this sort were made upon the strength and labour of beasts of burden, it would not appear so strange; but even then, a merciful man would certainly use his beast with more mercy than is usually shewn to the poor Negroes. Will not the groans, the dying groans, of this deeply afflicted and oppressed people reach heaven? and when the cup of iniquity is full, must not the inevitable consequence be, the pouring forth of the judgments of God upon their oppressors? But alas! is it not too manifest that this oppression has already long been the object of the divine displeasure? For what heavier judgment, what greater calamity, can befal any people, than to become subject to that hardness of heart, that forgetfulness of God, and insensibility to every religious impression, as well as that general depravation of manners, which so much prevails in these colonies, in proportion as they have more or less enriched themselves at the expence of the blood and bondage of the Negroes.
It is a dreadful consideration, as a late author remarks, that out of the stock of eighty thousand Negroes in Barbadoes, there die every year five thousand more than are born in that island; which failure is probably in the same proportion in the other islands. _In effect, this people is under a necessity of being entirely renewed every sixteen years._ And what must we think of the management of a people, who, far from increasing greatly, as those who have no loss by war ought to do, must, in so short a time as sixteen years, without foreign recruits, be entirely consumed to a man! Is it not a christian doctrine, _that the labourer is worthy of his hire?_ And hath not the Lord, by the mouth of his prophet, pronounced, _”Wo unto that man who buildeth his house by unrighteousness, and his chambers by wrong; who uses his neighbour’s service without wages, and giveth him nought for his work?”_ And yet the poor Negro slaves are constrained, like the beasts, by beating, to work hard without hire or recompence, and receive nothing from the hand of their unmerciful masters, but such a wretched provision as will scarce support them under their fatigues. The intolerable hardships many of the slaves undergo, are sufficiently proved by the shortness of their lives.–And who are these miserable creatures, that receive such barbarous treatment from the planter? Can we restrain our just indignation, when we consider that they are undoubtedly _his brethren! his neighbours! the children of the same Father, and some of those for whom Christ died, as truly as for the planter himself_. Let the opulent planter, or merchant, prove that his Negro slave is not his brother, or that he is not his neighbour, in the scripture sense of these appellations; and if he is not able so to do, how will he justify the buying and selling of his brethren, as if they were of no more consideration than his cattle? The wearing them out with continual labour, before they have lived out half their days? The severe whipping and torturing them, even to death, if they resist his unsupportable tyranny? Let the hardiest slave-holder look forward to that tremendous day, when he must give an account to God of his stewardship; and let him seriously consider, whether, at such a time, he thinks he shall be able to satisfy himself, that any act of buying and selling, or the fate of war, or the birth of children in his house, plantation, or territories, or any other circumstance whatever, can give him such an absolute property in the persons of men, as will justify his retaining them as slaves, and treating them as beasts? Let him diligently consider whether there will not always remain to the slave a _superior_ property or right to the fruit of his own labour; and more especially to his own person; that being which was given him by God, and which none but the Giver can justly claim?
CHAP. IX.
The advantage which would have accrued to the natives of Guinea, if the Europeans had acted towards them agreeable to the dictates of humanity and christianity. _An inordinate_ desire of gain in the Europeans, the true occasion of the slave trade. Notice of the misrepresentations of the Negroes by most authors, in order to palliate the iniquity of the slave trade. Those misrepresentations refuted, particularly with respect _to the Hottentot Negroes_.
From the foregoing accounts of the natural disposition of the Negroes, and the fruitfulness of most parts of Guinea, which are confirmed by authors of candour, who have wrote from their own knowledge, it may well be concluded, that the Negroes acquaintance with the Europeans might have been a happiness to them, if these last had not only bore the name, but had also acted the part, of Christians, and used their endeavours by example, as well as precept, to make them acquainted with the glad tidings of the gospel, which breathes peace and good will to man, and with that change of heart, that redemption from sin, which christianity proposeth; innocence and love might then have prevailed, nothing would have been wanting to complete the happiness of the simple Africans: but the reverse has happened; the Europeans, forgetful of their duty as men and christians, have conducted themselves in so iniquitous a manner, as must necessarily raise in the minds of the thoughtful and well-disposed Negroes, the utmost scorn and detestation of the very name of christians. All other considerations have given way to an infallible desire of gain, which has been the principal and moving cause of the most _iniquitous and dreadful scene_ that was, perhaps, ever acted upon the face of the earth; instead of making use of that superior knowledge with which the Almighty, the common Parent of mankind, had favoured them, to strengthen the principle of peace and good will in the breasts of the incautious Negroes, the Europeans have, by their bad example, led them into excess of drunkenness, debauchery, and avarice; whereby every passion of corrupt nature being inflamed, they have been easily prevailed upon to make war, and captivate one another; as well to furnish means for the excesses they had been habituated to, as to satisfy the greedy desire of gain in their profligate employers, who to this intent have furnished them with prodigious quantities of arms and ammunition. Thus they have been hurried into confusion, distress, and all the extremities of temporal misery; every thing, even the power of their Kings, has been made subservient to this wicked purpose; for instead of being protectors of their subjects, some of those rulers, corrupted by the excessive love of spirituous liquors, and the tempting baits laid before them by the factors, have invaded the liberties of their unhappy subjects, and are become their oppressors.
Here it may be necessary to observe, that the accounts we have of the inhabitants of Guinea, are chiefly given by persons engaged in the trade, who, from self-interested views, have described them in such colours as were least likely to excite compassion and respect, and endeavoured to reconcile so manifest a violation of the rights of mankind to the minds of the purchasers; yet they cannot but allow the Negroes to be possessed of some good qualities, though they contrive as much as possible to cast a shade over them. A particular instance of this appears in Astley’s collection, vol. 2. p. 73, where the author, speaking of the Mandingos settled at Galem, which is situated 900 miles up the Senegal, after saying that they carry on a commerce to all the neighbouring kingdoms, and amass riches, adds, “That excepting _the vices peculiar to the Blacks_, they are a good sort of people, honest, hospitable, just to their word, laborious, industrious, and very ready to learn arts and sciences.” Here it is difficult to imagine what vices can be peculiarly attendant on a people so well disposed as the author describes these to be. With respect to the charge some authors have brought against them, as being void of all natural affection, it is frequently contradicted by others. In vol. 2. of the Collection, p. 275, and 629, the Negroes of North Guinea, and the Gold Coast, are said _to be fond of their children, whom they love with tenderness_. And Bosman says, p. 340, “Not a few in his country (viz. Holland) fondly imagine, that parents here sell their children, men their wives, and one brother the other: but those who think so deceive themselves; for this never happens on any other account but that of necessity, or some great crime.” The same is repeated by J. Barbot, page 326, and also confirmed by Sir Hans Sloane, in the introduction to his natural history of Jamaica; where speaking of the Negroes, he says, “They are usually thought to be haters of their own children, and therefore it is believed that they sell and dispose of them to strangers for money: but this is not true; for the Negroes of Guinea being divided into several captainships, as well as the Indians of America, have wars; and besides those slain in battle, many prisoners are taken, who are sold as slaves, and brought thither: but the parents here, although their children are slaves for ever, yet have so great love for them, that no master dares sell, or give away, one of their little ones, unless they care not whether their parents hang themselves or no.” J. Barbot, speaking of the occasion of the natives of Guinea being represented as a treacherous people, ascribes it to the Hollanders (and doubtless other Europeans) usurping authority, and fomenting divisions between the Negroes. At page 110, he says, “It is well known that many of the European nations trading amongst these people, have very unjustly and inhumanly, without any provocation, stolen away, from time to time, abundance of the people, not only on this coast, but almost every where in Guinea, who have come on board their ships in a harmless and confiding manner: these they have in great numbers carried away, and sold in the plantations, with other slaves which they had purchased.” And although some of the Negroes may be justly charged with indolence and supineness, yet many others are frequently mentioned by authors _as a careful, industrious, and even laborious_ people. But nothing shews more clearly how unsafe it is to form a judgment of distant people from the accounts given of them by travellers, who have taken but a transient view of things, than the case of the Hottentots, viz. those several nations of Negroes who inhabit the most southern part of Africa: _these people_ are represented by several authors, who appear to have very much copied their relations one from the other, as so savage and barbarous as to have little of human, but the shape: but these accounts are strongly contradicted by others, particularly Peter Kolben, who has given a circumstantial relation of the disposition and manners of those people.[A] He was a man of learning, sent from the court of Prussia solely to make astronomical and natural observations there; and having no interest in the slavery of the Negroes, had not the same inducement as most other relators had, to misrepresent the natives of Africa. He resided eight years at and about the Cape of Good Hope, during which time he examined with great care into the customs, manners, and opinions of the Hottentots; whence he sets these people in a quite different light from what they appeared in former authors, whom he corrects, and blames for the falsehoods they have wantonly told of them. At p. 61, he says, “The details we have in several authors, are for the most part made up of inventions and hearsays, which generally prove false.” Nevertheless, he allows they are justly to be blamed for their sloth.–_The love of liberty and indolence is their all; compulsion is death to them. While necessity obliges them to work, they are very tractable, obedient, and faithful; but when they have got enough to satisfy the present want, they are deaf to all further intreaty_. He also faults them for their nastiness, the effect of sloth; and for their love of drink, and the practice of some unnatural customs, which long use has established amongst them; which, nevertheless, from the general good disposition of these people, there is great reason to believe they might be persuaded to refrain from, if a truly christian care had been extended towards them. He says, “They are eminently distinguished by many virtues, as their mutual benevolence, friendship, and hospitality; they breathe kindness and good will to one another, and seek all opportunities of obliging. Is a Hottentot’s assistance required by one of his countrymen? he runs to give it. Is his advice asked? he gives it with sincerity. Is his countryman in want? he relieves him to the utmost of his power.” Their hospitality extends even to European strangers: in travelling thro’ the Cape countries, you meet with a chearful and open reception, in whatsoever village you come to. In short, he says, page 339, “The integrity of the Hottentots, their strictness and celerity in the execution of justice, and their charity, are equalled by few nations. _In alliances, their word is sacred; there being hardly any thing they look upon as a fouler crime than breach of engagements. Theft and adultery they punish with death_.” They firmly believe there is a God, the author of all things, whom they call the God of gods; but it does not appear that they have an institution of worship directly regarding this supreme Deity. When pressed on this article, they excuse themselves by a tradition, “_That their first parents so grievously offended this great God, that he cursed them and their posterity with hardness of heart; so that they know little about him, and have less inclination to serve him_.” As has been already remarked, these Hottentots are the only Negroe nations bordering on the sea, we read of, who are not concerned in making or keeping slaves. Those slaves made use of by the Hollanders at the Cape, are brought from other parts of Guinea. Numbers of these people told the author, “That the vices they saw prevail amongst christians; their avarice, their envy and hatred of one another; their restless discontented tempers; their lasciviousness and injustice, were the things that principally kept the Hottentots from hearkening to christianity.”
[Footnote A: See Kolban’s account of the Cape of Good Hope.]
Father Tachard, a French Jesuit, famous for his travels in the East Indies, in his account of these people, says, “The Hottentots have more honesty, love, and liberality for one another, than are almost anywhere seen amongst christians.”
CHAP. X.
Man-stealing esteemed highly criminal, and punishable by the laws of Guinea: _No_ Negroes allowed to be sold for slaves there, but those deemed prisoners of war, or in punishment for crimes. _Some_ of the Negroe rulers, corrupted by the Europeans, violently infringe the laws of Guinea. The King of Barsailay noted in that respect.
By an inquiry into the laws and customs formerly in use, and still in force amongst the Negroes, particularly on the Gold Coast, it will be found, that provision was made for the general peace, and for the safety of individuals; even in W. Bosman’s time, long after the Europeans had established the slave-trade, the natives were not publicly enslaved, any otherwise than in punishment for crimes, when prisoners of war, or by a violent exertion of the power of their corrupted Kings. Where any of the natives were stolen, in order to be sold to the Europeans, it was done secretly, or at least, only connived at by those in power: this appears From Barbot and Bosman’s account of the matter, both agreeing that man-stealing was not allowed on the Gold Coast. The first[A] says, “_Kidnapping or stealing of human creatures is punished there, and even sometimes with death._” And, W. Bosman, whose long residence on the coast, enabled him to speak with certainty, says,[B] “_That the laws were severe against murder, thievery, and adultery._” And adds, “_That man-stealing was punished on the Gold Coast with rigid severity and sometimes with death itself._” Hence it may be concluded, that the sale of the greatest part of the Negroes to the Europeans is supported by violence, in defiance of the laws, through the knavery of their principal men,[C] who, (as is too often the case with those in European countries) under pretence of encouraging trade, and increasing the public revenue, disregard the dictates of justice, and trample upon those liberties which they are appointed to preserve.
[Footnote A: Barbot, p. 303.]
[Footnote B: Bosman, p. 143.]
[Footnote C: Note. Barbot, page 270, says, the trade of slaves is in a more peculiar manner the business of Kings, rich men, and prime merchants, exclusive of the inferior sort of blacks.]
Fr. Moor also mentions man-stealing as being discountenanced by the Negroe Governments on the river Gambia, and speaks of the inslaving the peaceable inhabitants, as a violence which only happens under a corrupt administration of justice; he says,[A] “The Kings of that country generally advise with their head men, scarcely doing any thing of consequence, without consulting them first, except the King of Barsailay, who being subject to hard drinking, is very absolute. It is to this King’s insatiable thirst for brandy, that his subjects freedoms and families are in so precarious a situation.[B] Whenever this King wants goods or brandy, he sends a messenger to the English Governor at James Fort, to desire he would send a sloop there with a cargo: _this news, being not at all unwelcome_, the Governor sends accordingly; against the arrival of the sloop, the King goes and ransacks some of his enemies towns, seizing the people, and selling them for such commodities as he is in want of, which commonly are brandy, guns, powder, balls, pistols, and cutlasses, for his attendants and soldiers; and coral and silver for his wives and concubines. In case he is not at war with any neighbouring King, he then falls upon one of his own towns, which are numerous, and uses them in the same manner.” “He often goes with some of his troops by a town in the day time, and returning in the night, sets fire to three parts of it, and putting guards at the fourth, there seizes the people as they run out from the fire; he ties their arms behind them, and marches them either to Joar or Cohone, where he sells them to the Europeans.”
[Footnote A: Moor, page 61.]
[Footnote B: Idem, p. 46.]
A. Brue, the French director, gives much the same account, and says,[A] “That having received goods, he wrote to the King, that if he had a sufficient number of slaves, he was ready to trade with him. This Prince, as well as the other Negroe monarchs, has always a sure way of supplying his deficiencies, by selling his own subjects, for which they seldom want a pretence. The King had recourse to this method, by seizing three hundred of his own people, and sent word to the director, that he had the slaves ready to deliver for the goods.” It seems, the King wanted double the quantity of goods which the factor would give him for these three hundred slaves; but the factor refusing to trust him, as he was already in the company’s debt, and perceiving that this refusal had put the King much out of temper, he proposed that he should give him a licence for taking so many more of his people, as the goods he still wanted were worth but this the King refused, saying “_It_ might occasion a disturbance amongst his subjects.”[B] Except in the above instance, and some others, where the power of the Negroe Kings is unlawfully exerted over their subjects, the slave-trade is carried on in Guinea with some regard to the laws of the country, which allow of none to be sold, but prisoners taken in their national wars, or people adjudged to slavery in punishment for crimes; but the largeness of the country, the number of kingdoms or commonwealths, and the great encouragement given by the Europeans, afford frequent pretences and opportunities to the bold designing profligates of one kingdom, to surprize and seize upon not only those of a neighbouring government, but also the weak and helpless of their own;[C] and the unhappy people, taken on those occasions, are, with impunity, sold to the Europeans. These practices are doubtless disapproved of by the most considerate amongst the Negroes, for Bosman acquaints us, that even their national wars are not agreeable to such. He says,[D] “If the person who occasioned the beginning of the war be taken, they will not easily admit him to ransom, though his weight in gold should be offered, for fear he should in future form some new design against their repose.”
[Footnote A: Collection vol. 2. p. 29.]
[Footnote B: Note, This Negroe King thus refusing to comply with the factor’s wicked proposal, shews, he was sensible his own conduct was not justifiable; and it likewise appears, the factor’s only concern was to procure the greatest number of slaves, without any regard to the injustice of the method by which they were procured. This Andrew Brue, was, for a long time, principal director of the French African factory in those parts; in the management of which, he is in the collection said to have had extraordinary success. The part he ought to have acted as a christian towards the ignorant Africans seems quite out of the question; the profit of his employers appears to have been his sole concern. At page 62, speaking of the country on the Senegal river, he says, “It was very populous, the soil rich; and if the people were industrious, they might, of their own produce, carry on a very advantageous trade with strangers; there being but few things in which they could be excelled; _but_ (he adds) _it is to be hoped, the Europeans will never let them into the secret._” A remark unbecoming humanity, much more christianity!]
[Footnote C: This inhuman practice is particularly described by Brue, in collect. vol. 2. page 98, where he says, “That some of the natives are, on all occasions, endeavouring to surprize and carry off their country people. They land (says he) without noise, and if they find a lone cottage, without defence, they surround it, and carry off all the people and effects to their boat, and immediately reimbark.” This seems to be mostly practised by some Negroes who dwell on the sea coast.]
[Footnote D: Bosman, p. 155.]
CHAP. XI.
An account of the shocking inhumanity, used in the carrying on of the slave-trade, as described by factors of different nations, viz. by Francis Moor, on the river Gambia; and by John Barbot, A. Brue, and William Bosman, through the coast of Guinea. _Note_. Of the large revenues arising to the Kings of Guinea from the slave-trade.
First, Francis Moor, factor for the English African company, on the river Gambia,[A] writes, “That there are a number of Negro traders, called joncoes, or merchants, who follow the slave-trade as a business; their place of residence is so high up in the country as to be six weeks travel from James Fort, which is situate at the mouth of that river. These merchants bring down elephants teeth, and in some years two thousand slaves, most of which, they say, are prisoners taken in war. They buy them from the different Princes who take them; many of them are Bumbrongs and Petcharies; nations, who each of them have different languages, and are brought from a vast way inland. Their way of bringing them is tying them by the neck with leather thongs, at about a yard distant from each other, thirty or forty in a string, having generally a bundle of corn or elephants teeth upon each of their heads. In their way from the mountains, they travel thro’ very great woods, where they cannot for some days get water; so they carry in skin bags enough to support them for a time. I cannot (adds Moor) be certain of the number of merchants who follow this trade, but there may, perhaps, be about an hundred, who go up into the inland country, with the goods which they buy from the white men, and with them purchase, in various countries, gold, slaves, and elephants teeth. Besides the slaves, which the merchants bring down, there are many bought along the river: These are either taken in war, as the former are, or men condemned for crimes; _or else people stolen, which is very frequent_.–Since the slave-trade has been used, all punishments are changed into slavery; there being an advantage on such condemnation, _they strain for crimes very hard, in order to get the benefit of selling the criminal_.”
[Footnote A: Moor, page 28.]
John Barbot, the French factor, in his account of the manner by which the slaves are procured, says,[A] “The slaves sold by the Negroes, are for the most part prisoners of war, or taken in the incursions they make in their enemies territories; others are stolen away by their neighbours, when found abroad on the road, or in the woods; or else in the corn fields, at the time of the year when their parents keep them there all the day to scare away the devouring small birds.” Speaking of the transactions on that part of Guinea called the Slave Coast, where the Europeans have the most factories, and from whence they bring away much the greatest number of slaves, the same author, and also Bosman[B] says, “The inhabitants of Coto do much mischief, in stealing those slaves they sell to the Europeans, from the upland country.–That the inhabitants of Popo excell the former; being endowed with a much larger share of courage, they rob more successfully, by which means they increase their riches and trade,” The author particularly remarks, “_That they are encouraged in this practice by the Europeans_; sometimes it happens, according to the success of their inland excursions, that they are able to furnish two hundred slaves or more, in a few days.” And he says,[C] “The blacks of Fida, or Whidah, are so expeditious in trading for slaves, that they can deliver a thousand every month.”–“If there happens to be no stock of slaves there, the factor must trust the blacks with his goods, to the value of one hundred and fifty, or two hundred pounds; which goods they carry up into the inland country, to buy slaves at all markets,[D] for above six hundred miles up the country, where they are kept like cattle in Europe; the slaves sold there being generally prisoners of war, taken from their enemies like other booty, and perhaps some few sold by their own countrymen, in extreme want, or upon a famine, as also some as a punishment of heinous crimes.” So far Barbot’s account; that given by William Bosman is as follows:[E] “When the slaves which are brought from the inland countries come to Whidah, they are put in prison together; when we treat concerning buying them, they are all brought out together in a large plain, where, by our surgeons, they are thoroughly examined, and that naked, both men and women, without the least distinction or modesty.[F] Those which are approved as good, are set on one side; in the mean while a burning iron, with the arms or name of the company, lies in the fire, with which ours are marked on the breast. When we have agreed with the owners of the slaves, they are returned to their prisons, where, from that time forward, they are kept at our charge, and cost us two pence a day each slave, which serves to subsist them like criminals on bread and water; so that to save charges, we send them on board our ships the very first opportunity; before which, their masters strip them of all they have on their backs, so that they come on board stark naked, as well women as men. In which condition they are obliged to continue, if the master of the ship is not so charitable (which he commonly is) as to bestow something on them to cover their nakedness. Six or seven hundred are sometimes put on board a vessel, where they lie as close together as it is possible for them to be crowded.”
[Footnote A: John Barbot, page 47.]
[Footnote B: Bosman, page 310.]
[Footnote C: Barbot, page 326.]
[Footnote D: When the great income which arises to the Negroe Kings on the Slave-Coast, from the slaves brought thro’ their several governments, to be shipped on board the European vessels, is considered, we have no cause to wonder that they give so great a countenance to that trade: William Bosman says, page 337, “_That each ship which comes to Whidah to trade, reckoning one with another, either by toll, trade, or custom, pays about four hundred pounds, and sometimes fifty ships come hither in a year.” Barbot confirms the same, and adds, page 350, “That in the neighbouring kingdom of Ardah, the duty to the King is the value of seventy or eighty slaves for each trading ship_.” Which is near half as much more as at Whidah; nor can the Europeans, concerned in the trade, with any degree of propriety, blame the African Kings for countenancing it, while they continue to send vessels, on purpose to take in the slaves which are thus stolen, and that they are permitted, under the sanction of national laws, to sell them to the colonies.]
[Footnote E: Bosman, page 340.]
[Footnote F: Note, from the above account of the indecent and shocking manner in which the unhappy Negroes are treated, it is reasonable for persons unacquainted with these people, to conclude them to be void of that natural modesty, so becoming a reasonable creature; but those who have had intercourse with the Blacks in these northern colonies, know that this would be a wrong conclusion, for they are indeed as susceptible of modesty and shame as other people. It is the unparallel’d brutality, to which the Europeans have, by long custom, been inured, which urgeth them, without blushing, to act so shameful a part. Such usage is certainly grievous to the poor Negroes, particularly the women; but they are slaves, and must submit to this, or any other abuse that is offered them by their cruel task-masters, or expect to be inhumanly tormented into acquiescence. That the Blacks are unaccustomed to such brutality, appears from an instance mentioned in Ashley’s collection, vol. 2. page 201, viz. “At an audience which Casseneuve had of the King of Congo, where he was used with a great deal of civility by the Blacks, some slaves were delivered to him. The King observing Casseneuve (according to the custom of the Europeans) to handle the limbs of the slaves, burst out a laughing, as did the great men about him: the factor asking the interpreter the occasion of their mirth, was told it proceeded from his so nicely examining the slaves. Nevertheless, _the King was so ashamed of it, that he desired him, for decency’s sake, to do it in a more private manner._”]
CHAP. XII.
Extracts of several Journals of Voyages to the coast of Guinea for slaves, whereby the extreme inhumanity of that traffick is described. _Melancholy_ account of a ship blown up on that coast, with a great number of Negroes on board, _Instances_ of shocking barbarity perpetrated by masters of vessels towards their slaves. _Inquiry_ why these scandalous infringements, both of divine and human laws, are overlooked by the government.
The misery and bloodshed attendant on the slave-trade, are set forth by the following extracts of two voyages to the coast of Guinea for slaves. The first in a vessel from Liverpool, taken _verbatim_ from the original manuscript of the Surgeon’s Journal, _viz._
“Sestro, December the 29th, 1724, No trade to day, though many traders came on board; they informed us, that the people are gone to war within land, and will bring prisoners enough in two or three days, in hopes of which we stay.”
The 30th. “No trade yet, but our traders came on board to day, and informed us the people had burnt four towns of their enemies, so that to-morrow we expect slaves off: another large ship is come in. Yesterday came in a large Londoner.”
The 31st. “Fair weather, but no trade yet; we see each night towns burning, but we hear the Sestro men are many of them killed by the inland Negroes, so that we fear this war will be unsuccessful.”
The 2d of January. “Last night we saw a prodigious fire break out about eleven o’clock, and this morning see the town of Sestro burnt down to the ground; (it contained some hundreds of houses) So that we find their enemies are too hard for them at present, and consequently our trade spoiled here; therefore, about seven o’clock, we weighed anchor, as did likewise the three other vessels, to proceed lower down.”
The second relation, also taken from the original manuscript Journal of a person of credit, who went surgeon on the same trade, in a vessel from New-York, about twenty years past, is as follows; _viz._ “Being on the coast, the Commander of the vessel, according to custom, sent a person on shore with a present to the King, acquainting him with his arrival, and letting him know, they wanted a cargo of slaves. The King promised to furnish them with the slaves; and, in order to do it, set out to go to war against his enemies; designing to surprise some town, and take all the people prisoners. Some time after, the King sent them word, he had not yet met with the desired success; having been twice repulsed, in attempting to break up two towns, but that he still hoped to procure a number of slaves for them; and in this design he persisted, till he met his enemies in the field, where a battle was fought, which lasted three days, during which time the engagement was so bloody that four thousand five hundred men were slain on the spot.” The person who wrote the account, beheld the bodies, as they lay on the field of battle. “Think (says he in his Journal) what a pitiable sight it was, to see the widows weeping over their lost husbands, orphans deploring the loss of their fathers, &c. &c.” In he 6th vol. of Churchill’s collection of Voyages, page 219, we have the relation of a voyage performed by Captain Philips, in a ship of 450 tuns, along the coast of Guinea, for elephants teeth, gold, and Negroe slaves, intended for Barbadoes; in which he says, that they took “seven hundred slaves on board, the men being all put in irons two by two, shackled together to prevent their mutinying or swimming ashore. That the Negroes are so loth to leave their own country, that they often leap out of the canoe, boat, or ship, into the sea, and keep under water till they are drowned, to avoid being taken up, and saved by the boats which pursue them.”–They had about twelve Negroes who willingly drowned themselves; others starved themselves to death.–Philips was advised to cut off the legs and arms of some to terrify the rest, (as other Captains had done) but this he refused to do. From the time of his taking the Negroes on board, to his arrival at Barbadoes, no less than three hundred and twenty died of various diseases.[A]
[Footnote A: _The following relation is inserted at the request of the author._
That I may contribute all in my power towards the good of mankind, by inspiring any individuals with a suitable abhorrence of that detestable practice of trading in our fellow-creatures, and in some measure atone for my neglect of duty as a Christian, in engaging in that wicked traffic, I offer to their serious consideration some few occurrences, of which I was an eye-witness; that being struck with the wretched and affecting scene, they may foster that humane principle, which is the noble and distinguished characteristic of man, and improve it to the benefit of their children’s children.
About the year 1749, I sailed from Liverpool to the coast of Guinea. Some time after our arrival, I was ordered to go up the country a considerable distance, upon having notice from one of the Negroe Kings, that he had a parcel of slaves to dispose of. I received my instructions, and went, carrying with me an account of such goods as we had on board, to exchange for the slaves we intended to purchase. Upon being introduced, I presented him with a small case of English spirits, a gun, and some trifles; which having accepted, and understood by an interpreter what goods we had, the next day was appointed for viewing the slaves; we found about two hundred confined in one place. But here how shall I relate the affecting sight I there beheld! How can I sufficiently describe the silent sorrow which appeared in the countenance of the afflicted father, and the painful anguish of the tender mother, expecting to be for ever separated from their tender offspring; the distressed maid, wringing her hands in presage of her future wretchedness, and the general cry of the innocent from a dreadful apprehension of the perpetual slavery to which they were doomed! Under a sense of my offence to God, in the persons of his creatures, I acknowledge I purchased eleven, whom I conducted tied two and two to the ship. Being but a small ship, (ninety ton) we soon purchased our cargo, consisting of one hundred and seventy slaves, whom thou mayest, reader, range in thy view, as they were shackled two and two together, pent up within the narrow confines of the main deck, with the complicated distress of sickness, chains, and contempt; deprived of every fond and social tie, and, in a great measure, reduced to a state of desperation. We had not been a fortnight at sea, before the fatal consequence of this despair appeared; they formed a design of recovering their natural right, LIBERTY, by rising and murdering every man on board; but the goodness of the Almighty rendered their scheme abortive, and his mercy spared us to have time to repent. The plot was discovered; the ring-leader, tied by the two thumbs over the barricade door, at sun-rise received a number of lashes: in this situation he remained till sun-set, exposed to the insults and barbarity of the brutal crew of sailors, with full leave to exercise their cruelty at pleasure. The consequence of this was, that next morning the miserable sufferer was found dead, flayed from the shoulders to the waist. The next victim was a youth, who, from too strong a sense of his misery, refused nourishment, and died disregarded and unnoticed, till the hogs had fed on part of his flesh. Will not christianity blush at this impious sacrilege? May the relation of it serve to call back the struggling remains of humanity in the hearts of those, who, from a love of wealth, partake in any degree of this oppressive gain; and have such an effect on the minds of the sincere, as may be productive of peace, the happy effect of true repentance for past transgressions, and a resolution to renounce all connexion with it for the time to come.]
Reader, bring the matter home to thy own heart, and consider whether any situation can be more completely miserable than that of these distressed captives. When we reflect that each individual of this number had probably some tender attachment, which was broken by this cruel separation; some parent or wife, who had not an opportunity of mingling tears in a parting embrace; perhaps some infants, or aged parents, whom his labour was to feed, and vigilance protect; themselves under the most dreadful apprehension of an unknown perpetual slavery; confined within the narrow limits of a vessel, where often several hundreds lie as close as possible. Under these aggravated distresses, they are often reduced to a state of despair, in which many have been frequently killed, and some deliberately put to death under the greatest torture, when they have attempted to rise, in order to free themselves from present misery, and the slavery designed them. Many accounts of this nature might be mentioned; indeed from the vast number of vessels employed in the trade, and the repeated relations in the public prints of Negroes rising on board the vessels from Guinea, it is more than probable, that many such instances occur every year. I shall only mention one example of this kind, by which the reader may judge of the rest; it is in Astley’s collection, vol. 2. p. 449, related by John Atkins, surgeon on board admiral Ogle’s squadron, of one “Harding, master of a vessel in which several of the men-slaves and women-slaves had attempted to rise, in order to recover their liberty; some of whom the master, of his own authority, sentenced to cruel death, making them first eat the heart and liver of one of those he had killed. The woman he hoisted by the thumbs, whipped, and slashed with knives before the other slaves, till she died.”[A] As detestable and shocking as this may appear to such whose hearts are not yet hardened by the practice of that cruelty, which the love of wealth by degrees introduceth into the human mind, it will not be strange to those who have been concerned or employed in the trade.
[Footnote A: A memorable instance of some of the dreadful effects of the slave-trade, happened about five years past, on a ship from this port, then at anchor about three miles from shore, near Acra Fort, on the coast of Guinea. They had purchased between four and five hundred Negroes, and were ready to sail for the West Indies. It is customary on board those vessels, to keep the men shackled two by two, each by one leg to a small iron bar; these are every day brought on the deck for the benefit of air; and lest they should attempt to recover their freedom, they are made fast to two common chains, which are extended on each side the main deck; the women and children are loose. This was the situation of the slaves on board this vessel, when it took fire by means of a person who was drawing spirits by the light of a lamp; the cask bursting, the fire spread with so much violence, that in about ten minutes, the sailors, apprehending it impossible to extinguish it before it could reach a large quantity of powder they had on board, concluded it necessary to cast themselves into the sea, as the only chance of saving their lives; and first they endeavoured to loose the chains by which the Negroe men were fastened to the deck; but in the confusion the key being missing, they had but just time to loose one of the chains by wrenching the staple; when the vehemence of the fire so increased, that they all but one man jumped over board, when immediately the fire having gained the powder, the vessel blew up with all the slaves who remained fastened to the one chain, and such others as had not followed the sailors examples. There happened to be three Portugueze vessels in sight, who, with others from the shore, putting out their boats, took up about two hundred and fifty of those poor souls who remained alive; of which number, about fifty died on shore, being mostly of those who were fettered together by iron shackles, which, as they jumped into the sea, had broke their legs, and these fractures being inflamed by so long a struggle in the sea, probably mortified, which occasioned the death of every one that was so wounded. The two hundred remaining alive, were soon disposed of, for account of the owners to other purchasers.]
Now here arises a necessary query to those who hold the balance of justice, and who must be accountable to God for the use they have made of it, That as the principles on which the British constitution is founded, are so favourable to the common rights of mankind, how it has happened that the laws which countenance this iniquitous traffic, have obtained the sanction of the legislature? and that the executive part of the government should so long shut their ears to continual reports of the barbarities perpetrated against this unhappy people, and leave the trading subjects at liberty to trample on the most precious rights of others, even without a rebuke? Why are the masters of vessels thus suffered to be the sovereign arbiters of the lives of the miserable Negroes, and allowed with impunity thus to destroy (may I not properly say, _to murder_) their fellow-creatures; and that by means so cruel, as cannot be even related but with shame and horror?
CHAP. XIII.
Usage of the Negroes, when they arrive in the West Indies. An hundred thousand Negroes brought from Guinea every year to the English colonies. The number of Negroes who die in the passage and seasoning. These are, properly speaking, murdered by the prosecution of this infamous traffic. Remarks on its dreadful _effects and tendency_.
When the vessels arrive at their destined port in the colonies, the poor Negroes are to be disposed of to the planters; and here they are again exposed naked, without any distinction of sexes, to the brutal examination of their purchasers; and this, it may well be judged, is, to many, another occasion of deep distress. Add to this, that near connexions must now again be separated, to go with their several purchasers; this must be deeply affecting to all, but such whose hearts are seared by the love of gain. Mothers are seen hanging over their daughters, bedewing their naked breasts with tears, and daughters clinging to their parents, not knowing what new stage of distress must follow their separation, or whether they shall ever meet again. And here what sympathy, what commiseration, do they meet with? Why, indeed, if they will not separate as readily as their owners think proper, the whipper is called for, and the lash exercised upon their naked bodies, till obliged to part. Can any human heart, which is not become callous by the practice of such cruelties, be unconcerned, even at the relation of such grievous affliction, to which this oppressed part of our species are subjected.
In a book, printed in Liverpool, called _The Liverpool Memorandum_, which contains, amongst other things, an account of the trade of that port, there is an exact list of the vessels employed in the Guinea trade, and of the number of slaves imported in each vessel; by which it appears that in the year 1753, the number imported to America by one hundred and one vessels belonging to that port, amounted to upwards of thirty thousand; and from the number of vessels employed by the African company in London and Bristol, we may, with some degree of certainty, conclude, there are one hundred thousand Negroes purchased and brought on board our ships yearly from the coast of Africa. This is confirmed in Anderson’s history of Trade and Commerce, lately printed; where it is said,[A] “That England supplies her American colonies with Negroe slaves, amounting in number to above one hundred thousand every year.” When the vessels are full freighted with slaves, they sail for our plantations in America, and may be two or three months in the voyage; during which time, from the filth and stench that is among them, distempers frequently break out, which carry off commonly a fifth, a fourth, yea sometimes a third or more of them: so that taking all the slaves together, that are brought on board our ships yearly, one may reasonably suppose, that at least ten thousand of them die on the voyage. And in a printed account of the state of the Negroes in our plantations, it is supposed that a fourth part, more or less, die at the different islands, in what is called the seasoning. Hence it may be presumed, that at a moderate computation of the slaves who are purchased by our African merchants in a year, near thirty thousand die upon the voyage, and in the seasoning. Add to this, the prodigious number who are killed in the incursions and intestine wars, by which the Negroes procure the number of slaves wanted to load the vessels. How dreadful then is this slave-trade, whereby so many thousands of our fellow creatures, free by nature, endued with the same rational faculties, and called to be heirs of the same salvation with us, lose their lives, and are, truly and properly speaking, murdered every year! For it is not necessary, in order to convict a man of murder, to make it appear that he had an _intention_ to commit murder; whoever does, by unjust force or violence, deprive another of his liberty, and, while he hath him in his power, continues so to oppress him by cruel treatment, as eventually to occasion his death, is actually guilty of murder. It is enough to make a thoughtful person tremble, to think what a load of guilt lies upon our nation on this account; and that the blood of thousands of poor innocent creatures, murdered every year in the prosecution of this wicked trade, cries aloud to Heaven for vengeance. Were we to hear or read of a nation that destroyed every year, in some other way, as many human creatures as perish in this trade, we should certainly consider them as a very bloody, barbarous people; if it be alledged, that the legislature hath encouraged, and still does encourage this trade, It is answered, that no legislature on earth can alter the nature of things, so as to make that to be right which is contrary to the law of God, (the supreme Legislator and Governor of the world) and opposeth the promulgation of the Gospel of _peace on earth, and good will to man_. Injustice may be methodized and established by law, but still it will be injustice, as much as it was before; though its being so established may render men more insensible of the guilt, and more bold and secure in the perpetration of it.
[Footnote A: Appendix to Anderson’s history, p. 68.]
CHAP. XIV.
Observations on the disposition and capacity of the Negroes: Why thought inferior to that of the Whites. Affecting instances of the slavery of the Negroes. Reflections thereon.
Doubts may arise in the minds of some, whether the foregoing accounts, relating to the natural capacity and good disposition of the inhabitants of Guinea, and of the violent manner in which they are said to be torn from their native land, are to be depended upon; as those Negroes who are brought to us, are not heard to complain, and do but seldom manifest such a docility and quickness of parts, as is agreeable thereto. But those who make these objections, are desired to note the many discouragements the poor Africans labour under, when brought from their native land. Let them consider, that those afflicted strangers, though in an _enlightened Christian country_, have yet but little opportunity or encouragement to exert and improve their natural talents: They are constantly employed in servile labour; and the abject condition in which we see them, naturally raises an idea of a superiority in ourselves; whence we are apt to look upon them as an ignorant and contemptible part of mankind. Add to this, that they meet with very little encouragement of freely conversing with such of the Whites, as might impart instruction to them. It is a fondness for wealth, for authority, or honour, which prompts most men in their endeavours to excell; but these motives can have little influence upon the minds of the Negroes; few of them having any reasonable prospect of any other than a state of slavery; so that, though their natural capacities were ever so good, they have neither inducement or opportunity to exert them to advantage: This naturally tends to depress their minds, and sink their spirits into habits of idleness and sloth, which they would, in all likelihood, have been free from, had they stood upon an equal footing with the white people. They are suffered, with impunity, to cohabit together, without being married; and to part, when solemnly engaged to one another as man and wife; notwithstanding the moral and religious laws of the land, strictly prohibiting such practices. This naturally tends to beget apprehensions in the most thoughtful of those people, that we look upon them as a lower race, not worthy of the same care, nor liable to the same rewards and punishments as ourselves. Nevertheless it may with truth be said, that both amongst those who have obtained their freedom, and those who remain in servitude, some have manifested a strong sagacity and an exemplary uprightness of heart. If this hath not been generally the case with them, is it a matter of surprize? Have we not reason to make the same complaint of many white servants, when discharged from our service, though many of them have had much greater opportunities of knowledge and improvement than the blacks; who, even when free, labour under the same difficulties as before: having but little access to, and intercourse with, the most reputable white people, they remain confined within their former limits of conversation. And if they seldom complain of the unjust and cruel usage they have received, in being forced from their native country, &c. it is not to be wondered at; it being a considerable time after their arrival amongst us, before they can speak our language; and, by the time they are able to express themselves, they have great reason to believe, that little or no notice would be taken of their complaints: yet let any person enquire of those who were capable of reflection, before they were brought from their native land, and he will hear such affecting relations, as, if not lost to the common feelings of humanity, will sensibly affect his heart. The case of a poor Negroe, not long since brought from Guinea, is a recent instance of this kind. From his first arrival, he appeared thoughtful and dejected, frequently dropping tears when taking notice of his master’s children, the cause of which was not known till he was able to speak English, when the account he gave of himself was, “That he had a wife and children in his own country; that some of these being sick and thirsty, he went in the night time, to fetch water at a spring, where he was violently seized and carried away by persons who lay in wait to catch men, from whence he was transported to America. The remembrance of his family, friends, and other connections, left behind, which he never expected to see any more, were the principal cause of his dejection and grief.” Many cases, equally affecting, might be here mentioned; but one more instance, which fell under the notice of a person of credit, will suffice. One of these wretched creatures, then about 50 years of age, informed him, “That being violently torn from a wife and several children in Guinea, he was sold in Jamaica, where never expecting to see his native land or family any more, he joined himself to a Negroe woman, by whom he had two children: after some years, it suiting the interest of his owner to remove him, he was separated from his second wife and children, and brought to South Carolina, where, expecting to spend the remainder of his days, he engaged with a third wife, by whom he had another child; but here the same consequence of one man being subject to the will and pleasure of another man occurring, he was separated from this last wife and child, and brought into this country, where he remained a slave.” Can any, whose mind is not rendered quite obdurate by the love of wealth, hear these relations, without being deeply touched with sympathy and sorrow? And doubtless the case of many, very many of these afflicted people, upon enquiry, would be found to be attended with circumstances equally tragical and aggravating. And if we enquire of those Negroes, who were brought away from their native country when children, we shall find most of them to have been stolen away, when abroad from their parents, on the roads, in the woods, or watching their corn-fields. Now, you that have studied the book of conscience, and you that are learned in the law, what will you say to such deplorable cases? When, and how, have these oppressed people forfeited their liberty? Does not justice loudly call for its being restored to them? Have they not the same right to demand it, as any of us should have, if we had been violently snatched by pirates from our native land? Is it not the duty of every dispenser of justice, who is not forgetful of his own humanity, to remember that these are men, and to declare them free? Where instances of such cruelty frequently occur, and are neither enquired into, nor redressed, by those whose duty it is _to seek judgment, and relieve the oppressed_, Isaiah i. 17. what can be expected, but that the groans and cries of these sufferers will reach Heaven; and what shall we do _when God riseth up? and when he visiteth_, what will ye answer him? _Did not he that made them, make us; and did not one fashion us in the womb_? Job xxxi. 14.
CHAP XIV.
The expediency of a general freedom being granted to the Negroes considered. _Reasons_ why it might be productive of advantage and _safety to the Colonies_.
It is scarce to be doubted, but that the foregoing accounts will beget in the heart of the considerate readers an earnest desire to see a stop put to this complicated evil, but the objection with many is, What shall be done with those Negroes already imported, and born in our families? Must they be sent to Africa? That would be to expose them, in a strange land, to greater difficulties than many of them labour under at present. To let them suddenly free here, would be perhaps attended with no less difficulty; for, undiciplined as they are in religion and virtue, they might give a loose to those evil habits, which the fear of a master would have restrained. These are objections, which weigh with many well disposed people, and it must be granted, these are difficulties in the way; nor can any general change be made, or reformation effected, without some; but the difficulties are not so great but that they may be surmounted. If the government was so considerate of the iniquity and danger attending on this practice, as to be willing to seek a remedy, doubtless the Almighty would bless this good intention, and such methods would be thought of, as would not only put an end to the unjust oppression of the Negroes, but might bring them under regulations, that would enable them to become profitable members of society; for the furtherance of which, the following proposals are offered to consideration: That all farther importation of slaves be absolutely prohibited; and as to those born among us, after serving so long as may appear to be equitable, let them by law be declared free. Let every one, thus set free, be enrolled in the county courts, and be obliged to be a resident, during a certain number of years, within the said county, under the care of the overseers of the poor. Thus being, in some sort, still under the direction of governors, and the notice of those who were formerly acquainted with them, they would be obliged to act the more circumspectly, and make proper use of their liberty, and their children would have an opportunity of obtaining such instructions, as are necessary to the common occasions of life; and thus both parents and children might gradually become useful members of the community. And further, where the nature of the country would permit, as certainly the uncultivated condition of our southern and most western colonies easily would, suppose a small tract of land were assigned to every Negroe family, and they obliged to live upon and improve it, (when not hired out to work for the white people) this would encourage them to exert their abilities, and become industrious subjects. Hence, both planters and tradesmen would be plentifully supplied with chearful and willing-minded labourers, much vacant land would be cultivated, the produce of the country be justly increased, the taxes for the support of government lessened to individuals, by the increase of taxables, and the Negroes, instead of being an object of terror,[A] as they certainly must be to the governments where their numbers are great, would become interested in their safety and welfare.
[Footnote A: The hard usage the Negroes meet with in the plantations, and the great disproportion between them and the white people, will always be a just cause of terror. In Jamaica, and some parts of South-Carolina, it is supposed that there are fifteen blacks to one white.]
CHAP. XV.
Answer to a mistaken opinion, that the warmth of the climate in the West-Indies, will not permit white people to labour there. No complaint of disability in the whites, in that respect, in the settlement of the islands. Idleness and diseases prevailed, as the use of slaves increased. _The great_ advantage which might accrue to the British nation, if the slave trade was entirely laid aside, and a fair and friendly commerce established through the whole coast of Africa.
It is frequently offered as an argument, in vindication of the use of Negroe slaves, that the warmth of the climate in the West Indies will not permit white people to labour in the culture of the land: but upon an acquaintance with the nature of the climate, and its effects upon such labouring white people, as are prudent and moderate in labour, and the use of spirituous liquors, this will be found to be a mistaken opinion. Those islands were, at first, wholly cultivated by white men; the encouragement they then met with, for a long course of years, was such as occasioned a great increase of people. Richard Ligon, in his history of Barbadoes, where he resided from the year 1647 to 1650, about 24 years after his first settlement, writes, “that there were then fifty thousand souls on that island, besides Negroes; and that though the weather was very hot, yet not so scalding but that servants, both christians and slaves, laboured ten hours a day.” By other accounts we gather, that the white people have since decreased to less than one half the number which was there at that time; and by relations of the first settlements of the other islands, we do not meet with any complaints of unfitness in the white people for labour there, before slaves were introduced. The island of Hispaniola, which is one of the largest of those islands, was at first planted by the Buccaneers, a set of hardy laborious men, who continued so for a long course of years; till following the example of their neighbours, in the purchase and use of Negroe slaves, idleness and excess prevailing, debility and disease naturally succeeded, and have ever since continued. If, under proper regulations, liberty was proclaimed through the colonies, the Negroes, from dangerous, grudging, half-fed slaves, might become able, willing-minded labourers. And if there was not a sufficient number of these to do the necessary work, a competent number of labouring people might be procured from Europe, which affords numbers of poor distressed objects, who, if not overlooked, with proper usage, might, in several respects, better answer every good purpose in performing the necessary labour in the islands, than the slaves now do.
A farther considerable advantage might accrue to the British nation in general, if the slave trade was laid aside, by the cultivation of a fair, friendly, and humane commerce with the Africans; without which, it is not possible the inland trade of that country should ever be extended to the degree it is capable of; for while the spirit of butchery and making slaves of each other, is promoted by the Europeans amongst the Negroes, no mutual confidence can take place; nor will the Europeans be able to travel with safety into the heart of their country, to form and cement such commercial friendships and alliances, as might be necessary to introduce the arts and sciences amongst them, and engage their attention to instruction in the principles of the christian religion, which is the only sure foundation of every social virtue. Africa has about ten thousand miles of sea coast, and extends in depth near three thousand miles from east to west, and as much from north to south, stored with vast treasures of materials, necessary for the trade and manufactures of Great-Britain; and from its climate, and the fruitfulness of its soil, capable, under proper management, of producing in the greatest plenty, most of the commodities which are imported into Europe from those parts of America subject to the English government;[A] and as, in return, they would take our manufactures, the advantages of this trade would soon become so great, that it is evident this subject merits the regard and attention of the government.
[Footnote A: See note, page 109.]
EXTRACT
FROM A
REPRESENTATION
OF THE
INJUSTICE
AND
DANGEROUS TENDENCY
OF TOLERATING
SLAVERY;
OR
Admitting the least CLAIM of private Property in the Persons of Men in _England_.
By GRANVILLE SHARP.
FIRST PRINTED IN LONDON.
MDCCLXIX.
CONTENTS.
_The occasion of this Treatise. All Persons during their residence in_ Great Britain _are subjects; and as such, bound to the laws, and under the Kings protection. By the English laws, no man, of what condition soever, to be imprisoned, or any way deprived of his_ LIBERTY, _without a legal process. The danger of_ Slavery _taking place in England. Prevails in the Northern Colonies, notwithstanding the people’s plea in favour of_ Liberty. _Advertisements in the New-York Journal for the sale of_ SLAVES. _Advertisements to the same purpose in the public prints in England. The danger of confining any person without a legal warrant. Instances of that nature. Note, Extract of several American laws, Reflexions thereon._
EXTRACT, &C.
Some persons respectable in the law, having given it as their opinion, “_That a slave, by coming from the West Indies to Great Britain or Ireland, either with or without his master, doth not become free, or that his master’s property or right in him is not thereby determined or varied;–and that the master may legally compel him to return again to the plantations_,”–this causes our author to remark, that these lawyers, by thus stating the case merely on one side of the question, (I mean in favour of the master) have occasioned an unjust presumption and prejudice, plainly inconsistent with the laws of the realm, and against the other side of the question; as they have not signified that their opinion was only conditional, and not absolute, and must be understood on the part of the master, “_That he can produce an authentic agreement or contract in writing, by which it shall appear, that the said slave hath voluntarily bound himself, without compulsion or illegal duress_.”
Page 5. Indeed there are many instances of persons being freed from slavery by the laws of England, but (God be thanked) there is neither law, nor even a precedent, (at least I have not been able to find one) of a legal determination to justify a master in claiming or detaining any person whatsoever as a slave in England, who has not voluntarily bound himself as such by a contract in writing.
Page 20. An English subject cannot be made a slave without his own free consent: but–a foreign slave is made a subject with or without his own consent: there needs no contract for this purpose, as in the other case; nor any other act or deed whatsoever, but that of his being landed in England; For according to statute 32d of Henry VIII. c. 16. Sect. 9. “_Every alien or stranger born out of the King’s obeisance, not being denizen, which now or hereafter shall come into this realm, or elsewhere within the King’s dominions, shall, after the said first of September next coming, be bounden by and unto the laws and statutes of this realm, and to all and singular the contents of the same._”
Now it must be observed, that this law makes no distinction of _bond or free_, neither of colours or complexions, whether of _black, brown_, or _white_; for “_every alien or stranger_ (without exception) _are bounden by and unto the law_, &c.”
This binding, or obligation, is properly expressed by the English word _ligeance, (a ligando_) which may be either perpetual or temporary. Wood, b. I. c. 3. p. 37. But one of these is indispensably due to the Sovereign from all ranks and conditions of people; their being bounden unto the laws, (upon which the Sovereign’s right is founded) expresses and implies this subjection to the laws; and therefore to alledge, that an alien is not a subject, because he is in bondage, is not only a plea without foundation, but a contradiction in terms; for every person who, in any respect, is in subjection to the laws, must undoubtedly be a subject.
I come now to the main point–“_That every man, woman, or child, that now is, or hereafter shall be, an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed,_” is, in some respect or other, the _King’s subject_, and, as such, is absolutely secure in his or her _personal liberty_, by virtue of a statute, 31st Car. II. ch. 11. and particularly by the 12th Sect. of the same, wherein subjects of all conditions are plainly included.
This act is expressly intended for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas. It contains no distinction of “_natural born, naturalized, denizen, or alien subject; nor of white or black, freemen, or even of bond-men_,” (except in the case already mentioned _of a contract in writing_, by which it shall appear, _that the said slave has voluntarily bound himself, without compulsion or illegal duress_, allowed by the 13th Sect. and the exception likewise in the 14th Sect. concerning felons) but they are all included under the general titles of “_the subject, any of the said subjects, every such person_” &c. Now the definition of the word “_person_,” in its relative or civil capacity (according to Wood. b. I. c. 11. p. 27.) _is either the King, or a subject_. These are the _only capital distinctions_ that can be made, tho’ the latter consists of a variety of denominations and degrees.
But if I were even to allow, that a _Negroe slave_ is not a subject, (though I think I have clearly proved that he is) yet it is plain that such an one ought not to be denied the benefit of the King’s court, unless the slave-holder shall be able to prove likewise that he is not, a _Man_; because _every man_ may be _free_ to sue for, and _defend his right in our courts_, says a stat. 20th Edw. III. c. 4. and elsewhere, according to law. And _no man, of what estate or condition_ that he be, (here can be no exception whatsoever) _shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law_. 28th Edw. III, c. 3, _No man_ therefore, _of what estate or condition that he be_, can lawfully be detained in England _as a slave_; because we have no law whereby a man _may be_ condemned to _slavery_ without his own consent, (for even convicted felons must “_in open court pray to transported_.”) (See Habeas Corpus act, Sect. 14.) and therefore there cannot be any “_due process of the law_” tending to so base a purpose. It follows therefore, that every man, who presumes to detain _any person_ whatsoever as a slave, otherwise than by virtue of a written contract, acts manifestly without “_due process of the law_,” and consequently is liable to the slave’s “_action of false imprisonment_,” because “_every man may be free to sue_,” &c. so that the slave-holder cannot avail himself of his imaginary _property_, either by the assistance of the common law, or of a court of equity, (_except it appears that the said slave has voluntarily bound himself, without compulsion or illegal duress_) for in both his suit will certainly appear both unjust and indefensible. The former cannot assist him, because the statute law at present is so far from supposing any man in a state of slavery, that it cannot even permit such a state, except in the two cases mentioned in the 13th and 14th Section of the Habeas Corpus act; and the courts of equity likewise must necessarily decide against him, because his mere mercenary plea of _private property_ cannot equitably, in a case between _man and man_, stand in competition with that _superior property_ which every man must necessarily be allowed to have in his own _proper person_.
How then is the slave-holder to secure what he esteems his _property?_ Perhaps he will endeavour clandestinely to seize the supposed slave, in order to transport him (with or without _his consent_) to the colonies, where such property is allowed: but let him take care what he does, the very attempt is punishable; and even the making over his property to another for that purpose, renders him equally liable to the severe penalties of the law, for a bill of sale may certainly be included under the terms expressed in the Habeas Corpus act, 12th Sect. viz. “_Any warrant or writing for such commitment, detainer, imprisonment, or transportation,” &c._ It is also dangerous for a counsellor, or any other person _to advise_ (see the act “shall be advising”) such proceedings, by saying, “_That a master may legally compel him_ (the slave) _to return again to the plantations_.” Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because “_All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them_,” are liable to all the penalties of the act. “_And the plaintiff, in every such action, shall have judgment to recover his treble costs, besides damages; which damages so to be given shall not be less than five hundred pounds_;” so that the injured may have ample satisfaction for their sufferings: and even a judge may not direct or instruct a jury contrary to this statute, whatever his private opinion may be concerning property in slaves; because _no order or command, nor no injunction_, is allowed to interfere with this _golden act of liberty_.
–I have before observed, that the general term, “_every alien_,” includes _all strangers whatsoever_, and renders them _subject_ to the King, and the laws, during their residence in this kingdom; and this is certainly true, whether the aliens be Turks, Moors, Arabians, Tartars, or even savages, from any part of the world.–Men are rendered obnoxious to the laws by their offences, and not by the particular denomination of their rank, order, parentage, colour, or country; and therefore, though we should suppose that any particular body of people whatsoever were not known, or had in consideration by the legislature at the different times when the severe penal laws were made, yet no man can reasonably conceive, that such men are exempted on this account from the penalties of the said laws, when legally convicted of having offended against them.
Laws calculated for the moral purpose of preventing oppression, are likewise usually supposed to be everlasting, and to make up a part of our happy constitution; for which reason, though the kind of oppression to be guarded against, and the penalties for offenders, are minutely described therein, yet the persons to be protected are comprehended in terms as general as possible; that “_no person who now is, or hereafter shall be, an inhabitant or resiant in this kingdom_,” (see Habeas Corpus act, Sect. 12th) may seem to be excluded from protection. The general terms of the several statutes before cited, are so full and clear, that they admit of no exception whatsoever; for all persons (Negroes as well as others) must be included in the terms “the subject;”–“_no subject of this realm that now is, or hereafter shall be, an inhabitant, &c. any subject; every such person_;” see Habeas Corpus act. Also _every man_ may be _free_ to sue, &c. 20th Edward III. cap. 4. and _no man, of what estate or condition that he be_, shall be taken or imprisoned, &c. True justice makes no respect of persons, and can never deny, to any one that blessing to which all mankind have an undoubted right, their _natural liberty_: though the law makes no mention of Negroe slaves, yet this is no just argument for excluding them from the general protection of our happy constitution.
Neither can the objection, that Negroe slaves were not “had in consideration or contemplation,” when these laws were made, prove any thing against them; but, on the contrary, much in their favour; for both these circumstances are strong presumptive proofs, that the practice of importing slaves into this kingdom, and retaining them as such, is an innovation entirely foreign to the spirit and intention of the laws now in force.
–Page 79. A toleration of slavery is, in effect, a toleration of inhumanity; for there are wretches in the world who make no scruple to gain, by wearing out their slaves with continual labour, and a scanty allowance, before they have lived out half their natural days. It is notorious, that this is too often the case in the unhappy countries where slavery is tolerated.
See the account of the European settlements in America, Part VI. Chap. 11. concerning the “_misery of the Negroes, great waste of them_,” &c. which informs us not only of a most scandalous profanation of the Lord’s day, but also of another abomination, which must be infinitely more heinous in the sight of God, viz. oppression carried to such excess, as to be even destructive of the human species.
At present, the inhumanity of constrained labour in excess, extends no farther in England than to our beasts, as post and hackney-horses, sand-asses, &c.
But thanks to our laws, and not to the general good disposition of masters, that it is so; for the wretch who is bad enough to maltreat a helpless beast, would not spare his fellow man if he had him as much in his power.
The maintenance of civil liberty is therefore absolutely necessary to prevent an increase of our national guilt, by the addition of the horrid crime of tyranny.–Notwithstanding that the plea of necessity cannot here be urged, yet this is no reason why an increase of the practice is not to be feared.
Our North American colonies afford us a melancholy instance to the contrary; for though the climate in general is so wholesome and temperate, that it will not authorise this plea of necessity for the employment of slaves, any more than our own, yet the pernicious practice of slave-holding is become almost general in those parts. At New-York, for instance, the infringement on civil or domestic liberty is become notorious, notwithstanding the political controversies of the inhabitants in praise of liberty; but no panegyric on this subject (howsoever elegant in itself) can be graceful or edifying from the mouth or pen of one of those provincials, because men who do not scruple to detain others in slavery, have but a very partial and unjust claim to the protection of the laws of liberty; and indeed it too plainly appears that they have no real regard for liberty, farther than their own private interests are concerned; and (consequently) that they have so little detestation of despotism and tyranny, that they do not scruple to exercise them whenever their caprice excites them, or their private interest seems to require an exertion of their power over their miserable slaves.
Every petty planter, who avails himself of the service of slaves, is an arbitrary monarch, or rather a lawless Bashaw in his own territories, notwithstanding that the imaginary freedom of the province wherein he resides, may seem to forbid the observation.
The boasted liberty of our American colonies, therefore, has so little right to that sacred name, that it seems to differ from the arbitrary power of despotic monarchs only in one circumstance, viz. that it is a _many-headed monster of tyranny_, which entirely subverts our most excellent constitution; because liberty and slavery are so opposite to each other, that they cannot subsist in the same community. “_Political liberty (in mild or well regulated governments) makes civil liberty valuable; and whosoever is deprived of the latter, is deprived also of the former_.” This observation of the learned Montesquieu, I hope sufficiently justifies my censure of the Americans for their notorious violation of civil liberty;–The New-York Journal, or, The General Advertiser, for Thursday, 22d October, 1767, gives notice by advertisement, of no less than eight different persons who have escaped from slavery, or are put up to public sale for that horrid purpose.
That I may demonstrate the indecency of such proceedings in a free country, I shall take the liberty of laying some of these advertisements before my readers, by way of example.
“_To be SOLD for want of Employment_, A likely strong active Negroe man, of about 24 years of age, this country born, (_N.B._ A natural born subject) understands most of a baker’s trade, and a good deal of farming business, and can do all sorts of house-work.–Also a healthy Negroe wench, of about 21 years old, is a tolerable cook, and capable of doing all sorts of house-work, can be well recommended for her honesty and sobriety: she has a female child of nigh three years old, which will be sold with the wench if required, &c.” Here is not the least consideration, or scruple of conscience, for the inhumanity of parting the mother and young child. From the stile, one would suppose the advertisement to be of no more importance than if it related merely to the sale of a cow and her calf; and that the cow should be sold with or without her calf, according as the purchaser should require.–But not only Negroes, but even American Indians, are detained in the same abominable slavery in our colonies, though there cannot be any reasonable pretence whatsoever for holding one of these as private property; for even if a written contract should be produced as a voucher in such a case, there would still remain great suspicion, that some undue advantage had been taken of the Indian’s ignorance concerning the nature of such a bond.
“_Run away, on Monday the 21st instant, from J—-n T—-, Esq. of West-Chester county, in the province of New-York_, An Indian slave, named Abraham, he may have changed his name, about 23 years of age, about five feet five inches.”
Upon the whole, I think I may with justice conclude, that those advertisements discover a shameless prostitution and infringement on the common and natural rights of mankind–But hold! perhaps the Americans may be able, with too much justice, to retort this severe reflexion, and may refer us to news-papers published even in the free city of London, which contain advertisements not less dishonourable than their own. See advertisement in the Public Ledger of 31st December, 1761.
“_For SALE, A healthy NEGROE GIRL_, aged about fifteen years; speaks good English, works at her needle, washes well, does houshold work, and has had the small-pox. By J.W. &c.”
Another advertisement, not long ago, offered a reward for stopping a female slave who had left her mistress in Hatton-garden. And in the Gazetteer of 18th April, 1769, appeared a very extraordinary advertisement with the following title;
“_Horses, Tim Wisky, and black Boy_, To be sold at the Bull and Gate Inn. Holborn, _A very good Tim Wisky_, little the worse for wear, &c.” Afterwards, “_A Chesnut Gelding_;” then, “_A very good grey Mare_;” and last of all, (as if of the least consequence) “_A well-made good-tempered black Boy_, he has lately had the small-pox, and will be sold to any gentleman. Enquire as above.”
Another advertisement in the same paper, contains a very particular description of a Negroe man, called _Jeremiah_,–and concludes as follows:–“Whoever delivers him to Capt. M—- U—-y, on board the Elizabeth, at Prince’s Stairs, Rotherhithe, on or before the 31st instant, shall receive thirty guineas reward, or ten guineas for such intelligence as shall enable the Captain, or his master, effectually to secure him. The utmost secrecy may be depended on.” It is not on account of shame, that men, who are capable of undertaking the desperate and wicked employment of kidnappers, are supposed to be tempted to such a business, by a promise “_of the utmost secrecy_;” but this must be from a sense of the unlawfulness of the act proposed to them, that they may have less reason to fear a prosecution. And as such a kind of people are supposed to undertake any thing for money, the reward of thirty guineas was tendered at the top of the advertisement, in capital letters. No man can be safe, be he white or black, if temptations to break the laws are so shamefully published in our news-papers.
_A Creole Black boy_ is also offered to sale, in the Daily Advertiser of the same date.
Besides these instances, the Americans may, perhaps, taunt us with the shameful treatment of a poor Negroe servant, who not long ago was put up to sale by public auction, together with the effects of his bankrupt master.–Also, that the prisons of this free city have been frequently prostituted of late, by the tyrannical and dangerous practice of confining Negroes, under the pretence of slavery, though there have been no warrants whatsoever for their commitment.
This circumstance of confining a man without a warrant, has so great a resemblance to the proceedings of a Popish inquisition, that it is but too obvious what dangerous practices such scandalous innovations, if permitted to grow more into use, are liable to introduce. No person can be safe, if wicked and designing men have it in their power, under the pretence of private property as a slave, to throw a man clandestinely, without a warrant, into goal, and to conceal him there, until they can conveniently dispose of him.
A free man may be thus robbed of his liberty, and carried beyond the seas, without having the least opportunity of making his case known; which should teach us how jealous we ought to be of all imprisonments made without the authority, or previous examination, of a civil magistrate.
The distinction of colour will, in a short time, be no protection against such outrages, especially as not only Negroes, but Mulatoes, and even American Indians, (which appears by one of the advertisements before quoted) are retained in slavery in our American colonies; for there are many honest weather-beaten Englishmen, who have as little reason to boast of their complexion as the Indians. And indeed, the more northern Indians have no difference from us in complexion, but such as is occasioned by the climate, or different way of living. The plea of private property, therefore, cannot, by any means, justify a private commitment of any person whatsoever to prison, because of the apparent danger and tendency of such innovation. This dangerous practice of concealing in prison was attempted in the case of Jonathan Strong; for the door-keeper of the P—-lt—-y C—-pt—-r (or some person who acted for him) absolutely refused, for two days, to permit this poor injured Negro to be seen or spoke with, though a person went on purpose, both those days, to demand the same.–All laws ought to be founded upon the principle of “_doing as one would be done by_;” and indeed this principle seems to be the very basis of the English constitution; for what precaution could possibly be more effectual for that purpose, than the right we enjoy of being judged by our Peers, creditable persons of the vicinage; especially, as we may likewise claim the right of excepting against any particular juryman, who might be suspected of partiality.
This law breathes the pure spirit of liberty, equity, and social love; being calculated to maintain that consideration and mutual regard which one person ought to have for another, howsoever unequal in rank or station.
But when any part of the community, under the pretence of private property, is deprived of this common privilege, it is a violation of civil liberty, which is entirely inconsistent with the social principles of a free state.
True liberty protects the labourer as well as his Lord; preserves the dignity of human nature, and seldom fails to render a province rich and populous; whereas, on the other hand, a toleration of slavery is the highest breach of social virtue, and not only tends to depopulation, but too often renders the minds of both masters and slaves utterly depraved and inhuman, by the hateful extremes of exaltation and depression.
If such a toleration should ever be generally admitted in England, (which God forbid) we shall no longer deserve to be esteemed a civilized people; because, when the customs of uncivilized nations, and the _uncivilized customs which disgrace our own colonies_, are become so familiar as to be permitted amongst us with impunity, we ourselves must insensibly degenerate to the same degree of baseness with those from whom such bad customs were derived; and may, too soon, have the mortification to see the _hateful extremes of tyranny and slavery fostered under every roof_.
Then must the happy medium of a well regulated liberty be necessarily compelled to find shelter in some more civilized country: where social virtue, and that divine precept, “_Thou shalt love thy neighbour as thyself_,” are better understood.
An attempt to prove the dangerous tendency, injustice, and disgrace of tolerating slavery amongst Englishmen, would, in any former age, have been esteemed as superfluous and ridiculous, as if a man should undertake, in a formal manner, to prove, that darkness is not light.
Sorry am I, that the depravity of the present age has made a demonstration of this kind necessary.
Now, that I may sum up the amount of what has been said in a single sentence, I shall beg leave to conclude in the words of the great Sir Edward Coke, which, though spoken on a different occasion, are yet applicable to this; see Rushworth’s Hist. Col. An. 1628. 4 Caroli. fol. 450.
“It would be no honour to a King or kingdom, to be a King of bondmen or slaves: the end of this would be both _dedecus_[A] and _damnum_[B] both to King and kingdom, that in former times have been so renowned.”
[Footnote A: Disgrace.]
[Footnote B: Loss.]
* * * * *
Note, at page 63; According to the laws of Jamaica, printed in London, in 1756, “If any slave having been one whole year in this island, (says an act, No 64, clause 5, p. 114) shall run away, and continue absent from his owner’s service for the space of thirty days, upon complaint and proof, &c. before any two justices of the peace, and three freeholders, &c. it shall and may be lawful for such justices and freeholders to order such slave to be punished, by _cutting off one of the feet of such slave_, or inflict such other corporal punishment as they _shall think fit_.” Now that I may inform my readers, what corporal punishments are sometimes thought fit to be inflicted, I will refer to the testimony of Sir Hans Sloane, (see voyage to the islands of Madeira, Barbadoes, &c. and Jamaica, with the natural history of the last of these islands, &c. London 1707. Introduction, p. 56, and 57.) “The punishment for crimes of slaves (says he) are usually, for _rebellions_, burning them, by nailing them down to the ground with crooked sticks on every limb, and then applying the fire, by degrees, from the feet and hands, and burning them gradually up to the head, whereby _the pains are extravagant_; for crimes of a lesser nature, _gelding_, or _chopping off half the foot_ with an axe. These punishments are suffered by them with great constancy.–For negligence, they are usually whipped by the overseers with lance-wood switches, till they be bloody, and several of the switches broken, being first tied up by their hands in the mill houses.–After they are whipped till they are raw, some put on their skins pepper and salt, to make them smart; at other times, their masters will drop melted wax on their skins, and use several _very exquisite torments_.” Sir Hans adds, “These punishments are sometimes merited by the Blacks, who are a very perverse generation of people; and though they appear very harsh, yet are scarce equal to some of their crimes, and inferior to what punishments other European nations inflict on their slaves in the East-Indies, as may be seen by Moquet, and other travellers.” Thus Sir Hans Sloane endeavours to excuse those shocking cruelties, but certainly in vain, because no crimes whatsoever can merit such severe punishments, unless I except the crimes of those who devise and inflict them. Sir Hans Sloane, indeed, mentions _rebellion_ as the principal crime; and certainly it is very justly esteemed a most heinous crime, in a land of liberty, where government is limited by equitable and just laws, if the same are tolerably well observed; but in countries where arbitrary power is exercised with such intolerable cruelty as is before described, if resistance be a crime, it is certainly the most natural of all others.
But the 19th clause of the 38th act, would indeed, on a slight perusal, induce us to conceive, that the punishment for rebellion is not so severe as it is represented by Sir Hans Sloane; because a slave, though _deemed rebellious_, is thereby condemned to no greater punishment than transportation. Nevertheless, if the clause be thoroughly considered, we shall find no reason to commend the mercy of the legislature; for it only proves, that the Jamaica law-makers will not scruple to charge the slightest and most natural offences with the most opprobrious epithets; and that a poor slave, who perhaps has no otherwise incurred his master’s displeasure than by endeavouring (upon the just and warrantable principles of self-preservation,) to escape from his master’s tyranny, without any criminal intention whatsoever, is liable to be _deemed rebellious_, and to be arraigned as a capital offender. “For every slave and slaves that shall run away, and continue but for the space of twelve months, except such slave or slaves as shall not have been three years in this island, shall be _deemed rebellious_,” &c. (see act 38, clause 19. p. 60.) Thus we are enabled to define what a West Indian tyrant means by the word _rebellious_. But unjust as this clause may seem, yet it is abundantly more merciful and considerate than a subsequent act against the same poor miserable people, because the former assigns no other punishment for persons so _deemed rebellious_, than that they, “_Shall be transported_ by order of two justices and three freeholders,” &c. whereas the latter spares not the blood of these poor injured fugitives: For by the 66th act, a reward of 50 pounds is offered to those who “shall kill or bring in alive any _rebellious slaves_,” that is, any of these unfortunate people whom the law has “_deemed rebellious_,” as above; and this premium is not only tendered to commissioned parties (see 2d. clause) but even to any private “_hunter, slave, or other person_,” (see 3d. clause.) Thus it is manifest, that the law treats these poor unhappy men with as little ceremony and consideration as if they were merely wild beasts. But the innocent blood that is shed in consequence of such a detestable law, must certainly call for vengeance on the murderous abettors and actors of such deliberate wickedness: And though many of the guilty wretches should even be so hardened and abandoned as never afterwards to be capable of sincere remorse, yet a time will undoubtedly come, when they will shudder with dreadful apprehensions, on account of the insufficiency of so wretched an excuse, as that their poor murdered brethren were by law “_deemed rebellious_” But bad as these laws are, yet in justice to the freeholders of Jamaica, I must acknowledge, that their laws are not near so cruel and inhuman as the laws of Barbadoes and Virginia, and seem at present to be much more reasonable than they have formerly been; many very oppressive laws being now expired, and others less severe enacted in their room.
But it is far otherwise in Barbadoes; for by the 329th act, p. 125. “If any Negro or other slave, under punishment by his master, or his order, for running away, or any other crimes or misdemeanors towards his said master, unfortunately shall suffer in life, or member, (which seldom happens) (but it is plain by this law that it does sometimes happen) _no person whatever shall be liable to any fine therefore; but if any man shall, of wantonness or only of bloody-mindedness, or cruel intention, wilfully kill a Negroe or other slave of his own_;”–now the reader, to be sure, will naturally expect, that some very severe punishment must in this case be ordained, to deter the _wanton, bloody-minded, and cruel_ wretch, from _wilfully killing_ his fellow creatures; but alas! the Barbadian law-makers have been so far from intending to curb such abandoned wickedness, that they have absolutely made this law on purpose to skreen these enormous crimes from the just indignation of any righteous person, who might think himself bound in duty to prosecute a bloody-minded villain; they have therefore presumptuously taken upon them to give a sanction, as it were, by law, to the horrid crime of wilful murder; and have accordingly ordained, that he who is guilty of it in Barbadoes, though the act should be attended with all the aggravating circumstances before-mentioned–“_shall pay into the public treasury_ (no more than) _fifteen pounds sterling_,” but if he shall kill another man’s, he shall pay the owner of the Negroe double the value, and into the public treasury _twenty-five pounds sterling_; and he shall further, by the next justice of the peace, be bound to his good behaviour during the pleasure of the governor and council, _and not be liable to any other punishment or forfeiture for the same_.
The most consummate wickedness, I suppose, that any body of people, under the specious form of a legislature, were ever guilty of! This act contains several other clauses which are shocking to humanity, though too tedious to mention here.
According to an act of Virginia, (4 Anne, ch. 49. sec. 37. p. 227.) “after proclamation is issued against slaves that run away and lie out, it is lawful for any person whatsoever, _to kill and destroy such slaves, by such ways and means as he, she, or they, shall think fit_, without accusation or impeachment of any crime for the same,” &c. And lest private interest should incline the planter to mercy, (to which we must suppose such people can have no other inducement) it is provided and enacted in the succeeding clause, (No 28.) “That for _every slave killed_, in pursuance of this act, or _put to death by law_, the master or owner of such slave _shall be paid by the public_.”
Also by an act of Virginia, (9 Geo. I. ch. 4. sect. 18. p. 343.) it is ordained, “That, where any slave shall hereafter be found notoriously guilty of going abroad in the night, or running away, and lying out, and cannot be reclaimed from _such_ disorderly courses by the common method of punishment, it shall and may be lawful to and for the court of the county, upon complaint and proof thereof to them made by the owner of such slave, to order and direct every such slave to be punished by _dismembering, or any other_ way, not touching life, as the said county court _shall think fit_.”
I have already given examples enough of the horrid cruelties which are sometimes _thought fit_ on such occasions. But if the innocent and most natural act of “_running away_” from intolerable tyranny, deserves such relentless severity, what kind of punishment have these law-makers themselves to expect hereafter, on account of their own enormous offences! Alas! to look for mercy (without a timely repentance) will only be another instance of their gross injustice! “_Having their consciences seared with a hot iron_,” they seem to have lost all apprehensions that their slaves are men, for they scruple not to number them with beasts. See an act of Barbadoes, (No 333. p. 128.) intituled, “An act for the better regulating of _outcries_ in open market:” here we read of “_Negroes, cattle, coppers, and stills, and other chattels_, brought by execution to open market to be outcried, and these (as if all of equal importance) are ranged together _in great lots or numbers to be sold_.”
–Page 70. In the 329th act of Barbadoes, (p. 122.) it is asserted, that “brutish slaves deserve not, for the baseness of their condition, to _be tried by a legal trial of twelve men of their peers, or neighbourhood_, which neither truly can be rightly done, as the subjects of England are;” (yet slaves also are subjects of England, whilst they remain within the British dominions, notwithstanding this insinuation to the contrary) “nor is execution to be delayed towards them, in case of such horrid crimes committed,” &c.
A similar doctrine is taught in an act of Virginia, (9 Geo. I. ch. 4. sect. 3. p. 339.) wherein it is ordained, “that every slave, committing such offence as by the laws ought to be punished by death, or loss of member, shall be forthwith committed to the common goal of the county, &c. And the sheriff of such county, upon such commitment, shall forthwith certify the same, with the cause thereof, to the governor or commander in chief, &c. who is thereupon desired and impowered to issue a commission of Oyer and Terminer, _To such persons as he shall think fit_; which persons, forthwith after the receipt of such commission, are impowered and required to cause the offender to be publicly arraigned and tried, &c. without the solemnity of a jury,” &c. Now let us consider the dangerous tendency of those laws. As Englishmen, we strenuously contend for this absolute and immutable necessity of trials by juries: but is not the spirit and equity of this old English doctrine entirely lost, if we partially confine that justice to ourselves alone, when we have it in our power to extend it to others? The natural right of all mankind, must principally justify our insisting upon this necessary privilege in favour of ourselves in particular; and therefore if we do not allow that the judgment of an impartial jury is indispensably necessary in all cases whatsoever, wherein the life of man is depending, we certainly undermine the equitable force and reason of those laws, by which _we ourselves are protected_, and consequently are unworthy to be esteemed either Christians or Englishmen.
Whatever right the members of a provincial assembly may have to enact _bye laws_, for particular exigences among themselves, yet in so doing they are certainly bound, in duty to their sovereign, to observe most strictly the fundamental principles of that constitution, which his Majesty is sworn to maintain; for wheresoever the bounds of the British empire are extended, there the common law of England must of course take place, and cannot be safely set aside by any _private law_ whatsoever, because the introduction of an unnatural tyranny must necessarily endanger the King’s dominions. The many alarming insurrections of slaves in the several colonies, are sufficient proofs of this. The common law of England ought therefore to be so established in every province, as to include the respective _bye laws_ of each province; instead of being by them _excluded_, which latter has been too much the case.
Every inhabitant of the British colonies, black as well as white, bond as well as free, are undoubtedly the _King’s subjects_, during their residence within the limits of the King’s dominions; and as such, are entitled to personal protection, however bound in service to their respective masters; therefore, when any of these are put to death, “_without the solemnity of a jury_,” I fear that there is too much reason to attribute _the guilt of murder_ to every person concerned in ordering, the same, or in consenting thereto; and all such persons are certainly responsible _to the King and his laws, for the loss of a subject_. The horrid iniquity, injustice, and dangerous tendency of the several plantation laws which I have quoted, are so apparent, that it is unnecessary for me to apologize for the freedom with which I have treated them. If such laws are not absolutely necessary for the government of slaves, the law-makers must unavoidably allow themselves to be the most cruel and abandoned tyrants upon earth; or, perhaps, that ever were on earth. On the other hand, if it be said, that it is impossible to govern slaves without such inhuman severity, and detestable injustice, the same will certainly be an invincible argument against the least toleration of slavery amongst christians, because the temporal profit of the planter or master, however lucrative, cannot compensate the forfeiture of his everlasting welfare, or (at least I may be allowed to say) the apparent danger of such a forfeiture.
Oppression is a most grievous crime, and the cries of these much injured people, (though they are only poor ignorant heathens) will certainly reach heaven! The scriptures (_which are the only true foundation of all laws_) denounce a tremendous judgment against the man who should offend even one little-one; _”It were better for him_ (even the merciful Saviour of the world hath himself declared) _that a millstone were hanged about his neck, and be cast into the sea, than that he should offend one of these little ones.”_ Luke xvii. 2. Who then shall attempt to vindicate those inhuman establishments of government, under which, even our own countrymen so grievously _offend_ and _oppress_ (not merely _one_, or a few little ones, but) an immense multitude of _men, women, children_, and the _children of their children_, from generation to generation? May it not be said with like justice, it were better for the English nation that these American dominions had never existed, or even that they should have been sunk into the sea, than that the kingdom of Great Britain should be loaded with the horrid guilt of tolerating such abominable wickedness! In short, if the _King’s prerogative_ is not speedily exerted for the relief of his Majesty’s oppressed and much injured subjects in the British colonies, (because to _relieve the subject_ from the oppression of petty tyrants is the principal use of the royal prerogative, as well as the principal and most natural means of maintaining the same) and for the extension of the British constitution to the most distant colonies, whether in the East or West Indies, it must inevitably be allowed, that great share of this enormous guilt will certainly rest on this side the water.
I hope this hint will be taken notice of by those whom it may concern; and that the freedom of it will be excused, as from a _loyal and disinterested_ adviser.
Extracts from the writings
of several _noted authors_,
on the subject of the, _slavery of the Negroes_,
viz.
George Wallace,
Francis Hutcheson,
James Foster.
George Wallace, in his _System of the Principles of the Laws of Scotland_, speaking of the slavery of the Negroes in our colonies, says, “We all know that they (the Negroes) are purchased from their Princes, who pretend to have a right to dispose of them, and that they are, like other commodities, transported, by the merchants who have bought them, into America, in order to be exposed to sale. If this trade admits of a moral or a rational justification, every crime, even the most atrocious, may be justified. Government was instituted for the good of mankind; kings, princes, governors, are not proprietors of those who are subject to their authority; they have not a right to make them miserable. On the contrary, their authority is vested in them, that they may, by the just exercise of it, promote the happiness of their people. Of course, they have not a right to dispose of their liberty, and to sell them for slaves. Besides no man has a right to acquire, or to purchase them; men and their liberty are not _in commercio_; they are not either saleable