d

among all the negro nations before they were These are benevolent regulations; but we doubt visited either by the Portuguese or by the Arabs. if protection can be fo promptly afforded by These two nations may indeed have been the first council of guardians as by an individual attorney who dragged the unhappy negro from his native who has no other employment. In some of the coatinent, and made his Navery doubly severe, other British illands, we have been confidently by compelling him to labour, without his own told that the unfortunate tons of Africa have consent, for marters whom he hardly considered no protection whatever against the tyranny of : as human beings. On this commerce, and the fordid owner, or the caprice of a boyish overleer. dreadful cruelty with which it has been carried in Barbadoes there is said to le a law for the on to the present day, it is impossible to reflect protection of faves, which is the most infolent without horror : but there is some consolation, triling with justice and humanity that ever was however small, in knowing that its original au- seen. It is enacted, forsooth, “ That if any man ibors were not Europeans. The purchase of Mall, of wantonness, or only of bloodig. mindedness, or Guinea blacks for llaves, by foreign nations, com. cruel intention, wilfully kill a negro or other Dave, menced ages before the Portuguese had laid that of his own, he shall pay into the public treasury country open to the intercourse of Europe. Even fifteen pounds Sterling !” (See Dickson's Letiers on after they had made many incursions into it, the Slavery, p. 4.) But it is added, that the humanity inhabitants were as regularly purchased for Naves of many matters more than supplies the want of by some of the adjoining dates as they are now laws in every respect but that of improvement. by the maritime Europeans. In the French West In some cases, good sense, a regard for their repaiIndia islands, before the late revolution in the tation, and it well-informed conviction of their mother country, the condition of the negro Naves intereft, induce men to treat their Naves with dif. was better than that of the bond men among the cretion and humanity. The llaves of many a ancient Gertrans. (See Ramsay's Essay, Sez. V.) pianter posiels advantages beyond what the la. We wish it were in our power to say, that in the bourer even of Britain enjoys ; (Ramsay's Ejau, British West India colonies Naves are equally pro. p. 66, 9!;) yet these advantages all depend upon tected by law as they were in the French islands the good will of his mafter; and in no part of the under the old government, and that the same care British colonies are the Naves attached to the foil. is taken of their moral and religious improvement. This fingle circumstance, together with the total This, however, we are afraid, cannot be said neglect of their moral and religious culture, makes with truth. In the island of Jamaica, before the their situation much less eligible than that of the paffing of the consolidated save a&t, not many French Naves was under the old government; years ago, a white man, whether proprietor or and affords a striking proof of what Mr Ramsay not, who had killed a negro, or by any act of observes, that “ those men and nations whom severity been the cause of his death, was, for the liberty hath exalted, and who therefore ought to first offence, entitled to benefit of clergy, and not regard it tenderly in others, are constantly for reliable to capital punishment till a repetition of the training its blessings within their own little circle, crime. By the present law, it is enacted, “ That and delight more in augmenting the train of their if any person, whether owner or fuperintendant dependants than in adding to the rank of fellowof flaves, shall be convicted of having, by an act citizens, or in diffusing the benefits of freedom of paffion or cruelty, occasioned the death of among their neighbours." any negro, it shall be capital for the first offence: (11.) SLAVERY, THE LAWFULNESS OF, INVESand for the greater security of the property, and TIGATED. Having given this ample detail of the as a check on those who may have the punish- rise and progress of Mavery in the world, and shown ment of Naves in their power, it is particularly that it has prevailed in every age, and under all required, that every furgeon or doctor belonging religions, we proceed to inquire whether a practice to each estate shall swear to the cause of the death so general be in any instance lawful; and if it be, of each negro, to the best of his knowledge and how it must be modified, to be rendered con belief; and if any negro dies, and is interred by Gstent with the rights of man and the immutable the owner or overseer, without the doctor's having laws of virtue. That in a state of nature one man leen or been sent for to such negro, in this case, has a right to seize upon another, and to compel the owner or overseer causing the negro to be fó him by force to labour for his subsistence, is a interred is liable to a prosecution for such con. position which we believe has never been feridua.” This law muc doubtless be productive of ously maintained. But independent communities good effects; but being a colonial act, it cannot stand to each other in the very fame relation that have the vigour of the Code Noir; nor do we know individuals do in a state of nature; and therefore of any attorney in the island who is obliged to if in such a state the man of greater bodily strength defend the rights of the negroes, or prosecute the or mental sagacity would have no right to convert mafter whose cruelty has by any means come to his weaker neighbour into personal property, nei. his knowledge. The justices and veftry of each ther can the more powerful and enlightened na. parish are indeed conftituted a council of prote&lion, tion have a right to carry off by force, or entice for the express purpose of making full inquiry by fraud, the subjects of a weaker and more barinto the barbarities exercised on Naves, and bring. barous community, for the purpose of reducing ing the authors to punishment at the public ex. them to a state of servitude. This is a truth so pence; and by a new flave-act of Grenada, the obvious as to admit neither of proof nor of denial. justices are required anoually to nominate three In thus ftating the case between two independent freeholders to be guardians of the suves, who are nations, we have in view that traffic in saves to take an oath to see the law duly executed. which is carried on between the çivilized Europe:

ans

ans and the barbarous Africans ; and the utmolt able to maintain her volue againft tie solictations length which we think an apologift for that trade of a matter, who thould promise her liberty or a cau zo is, tu contend that we may lawfully pur- remiffion of toil upon her yielding to his defires; chase llaves in those countries where from time and the telon, who had long been accuttomed to inmemoria: they have been a common branch of a life of vagrarcy and idleness, would not ftrenucomincerce. But the European right to purchase ously object to the perpetration of any wicked. cannot be better than the African right to fell; and nels to obtain his freedoin, or even a diminution we have never yet been informed what gives one of his daily task. Indeed such temptations might African a right to sell another. Such a right be thrown in his way as human nature could not cannot be natural, for the reason elsewhere allign- relilt, but by means of much better principles ed; (see Rigit ;) neither can it be a-lventitious; than felons can be supposed to possess. He might for adventitious rights are immediately derived be fcourged into compliance; or his labour might from the municipal iaw, which is the public will be to increased as to make him for a little respite of the state. But the state has no authority to eagerly embrace the most nefarious proposal which deprive an innocent man of his perfomal freedom, his matter could make; for, being absolute proor of the produce of his own labour; for it is only perty, there is no earthly tribunal to which he to secure there by protecting the weak from the could appeal for justice; and felons do not comviolence of the strong that states are formed, and monly support themselves under trials by pious individuals united under civil government. It meditation on a fu'ure ftare. By reasoning in may perhaps be said, that by patiently submitting this way, we are far from meaning to infinuate to governments which authorise the traffic in hu. that Nave-holders in general torture their faves man flelli, men virtually give up their personal lic into the commission of crimes. Many of them we berty, and veft iheir governors with a right to fell know to be religious, humane, and benevolent; them as faves ; but no man can veft another with but they are not infallible; and some of them may a night which he possesses not himself; and we do be inftigated, some of them undoubtedly have not hesitate to affirm, that in a state of nature, been initigated, hy avarice and worse principles, where all have equal rights, no individual can sub- to compel creatures, who are so ablolutely their mit himself to the absolute disposal of another with. dependants, to execute deeds of darkness too out being guilty of the greatest crime. A man hazardous for themselves. But the morality or therefore cannot put himself in a state of uncon- immorality of any action, and the moral fitnels of ditional servitude; and what he cannot do for himany state', are to be judged of by their natural tenSelf, he surely cannot authorize others to do tor cency, it the one were universally practised and the nim, either by a tacit or by an open confent. other universally prevalent ; (see MORAL PHILOThese confiderations have otien made us regret SOPHY, Part II. Seet. III. IV.) and as the natu. that respectable writers thould, without accura. ral tendency of absolute domestic slavery, ainong tely defining what they mean by lavery, peremp- fuch creatures as men, is to throw the molt pow. corily affirm, that, confiitently with the law of erful temptations to vice in the way both of malnaturt, men may be reduced to that state as a pu- ter and of Nave, it must be in every inftance, even nishment for crimes, or to discharge debts which when employed as a punishment, inconsistent with they cannot otherwise pay. That a criminal, who the fundamental principles of moral virtue. If has' forfeited his life to the laws of his country, criminals cannot be lawfully reduced to a state of may have his punishment commuted for hard la absolute private Davery, much less surely can it be bour, till death in the course of nature Mall gut a lawful to reduce insolvent debtors and prisoners period to his terrestrial existence, is a truth which of war to that state. Many a virtuous man, who we apprehend cannot be controverted; but to has contracled debts with the fairelt prospect of make such a commutation of punishments confift. paying them, has been suddenly rendered infol. ent with the láws of nature and of nature's God, vent by fire, hy thipwreck, or by the bankruptcy it appears to us that the kind and degree of la. of others with whom he was neceffarily engaged bour must be precisely ascertained, and the con- in the courie of this trade. Such a man can be duet of the criminal not left to the capricious di. considered in no respect as criminal. He has been rection of any individual. Punithients can be indeed unfortunate; but it would be grossly ufijuttiy inflicted only for one or other of iwo ends, jutt, as well as thockingly crucl, to add to bis or for both. They may be calculated either to misfortune by reducing him to a state, to which we reform the criminal or to be a warning to the in- have seen that the vilett telon cannot be reduced nocent; and those which most effectually answer without a violation of the laws of morality. both these purposes are surely to be preferred to Fraudulent bankrupts, indeed, of whom we daily such as answer but one of them. For this reasou we see many, might, with great propricty and the consider hard labour as a much fitter punishment strictest justice, be compelled to extenuate their for most crimes than death; but to entitle it to debts by laboaring for the benefit of those whom preference, the kind and degree of the labour mutt they have injured ; and criminals of other defcrip. be ascertained by the law; for if these circnm. tions might be made to work for the benefit of ftances be omitted, and the offender delivered over the public; but in both cases the talk to be per. as a llave to the absolute disposal and caprice of formed thould be ascertained by the law, and the a privaie malter, the labour to which he is con persons of the labourers be protected by the deamed instead of operating to his reformation, tate. If such can be called sluves, their !lavery may be converted into the means of tempting bin is undoubtedly crafiftent with every principle of to the commission of new crimes. A young virtue and religion ; for they fuffer nothing but woman, in the Nate of servitude, would hardly be the due rewaru of their deeds. Prisuners of