 |
When the rejection of the first propositions and the acceptance of the last had jointly, as it was natural, raised a very strong discontent in Ireland, Lord Rockingham, who frequently said that there never seemed a more opportune time for the relief of Ireland than that moment when Lord North had rejected all rational propositions for its relief, without consulting, I believe, any one living, did what he is not often very willing to do; but he thought this an occasion of magnitude enough to justify an extraordinary step. He went into the closet, and made a strong representation on the matter to the king, which was not ill received, and I believe produced good effects. He then made the motion in the House of Lords which you may recollect; but he was content to withdraw all of censure which it contained, on the solemn promise of ministry, that they would in the recess of Parliament prepare a plan for the benefit of Ireland, and have it in readiness to produce at the next meeting. You may recollect that Lord Gower became in a particular manner bound for the fulfilling this engagement. Even this did not satisfy, and most of the minority were very unwilling that Parliament should be prorogued until something effectual on the subject should be done,—particularly as we saw that the distresses, discontents, and armaments of Ireland were increasing every day, and that we are not so much lost to common sense as not to know the wisdom and efficacy of early concession in circumstances such as ours.
The session was now at an end. The ministers, instead of attending to a duty that was so urgent on them, employed themselves, as usual, in endeavors to destroy the reputation of those who were bold enough to remind them of it. They caused it to be industriously circulated through the nation, that the distresses of Ireland were of a nature hard to be traced to the true source, that they had been monstrously magnified, and that, in particular, the official reports from Ireland had given the lie (that was their phrase) to Lord Rockingham's representations: and attributing the origin of the Irish proceedings wholly to us, they asserted that everything done in Parliament upon the subject was with a view of stirring up rebellion; "that neither the Irish legislature nor their constituents had signified any dissatisfaction at the relief obtained in the session preceding the last; that, to convince both of the impropriety of their peaceable conduct, opposition, by making demands in the name of Ireland, pointed out what she might extort from Great Britain; that the facility with which relief was (formerly) granted, instead of satisfying opposition, was calculated to create new demands; these demands, as they interfered with the commerce of Great Britain, were certain of being opposed,—a circumstance which could not fail to create that desirable confusion which suits the views of the party; that they (the Irish) had long felt their own misery, without knowing well from whence it came; our worthy patriots, by pointing out Great Britain as the cause of Irish distress, may have some chance of rousing Irish resentment." This I quote from a pamphlet as perfectly contemptible in point of writing as it is false in its facts and wicked in its design: but as it is written under the authority of ministers, by one of their principal literary pensioners, and was circulated with great diligence, and, as I am credibly informed, at a considerable expense to the public, I use the words of that book to let you see in what manner the friends and patrons of Ireland, the heroes of your Parliament, represented all efforts for your relief here, what means they took to dispose the minds of the people towards that great object, and what encouragement they gave to all who should choose to exert themselves in your favor. Their unwearied endeavors were not wholly without success, and the unthinking people in many places became ill-affected towards us on this account. For the ministers proceeded in your affairs just as they did with regard to those of America. They always represented you as a parcel of blockheads, without sense, or even feeling; that all your words were only the echo of faction here; and (as you have seen above) that you had not understanding enough to know that your trade was cramped by restrictive acts of the British Parliament, unless we had, for factious purposes, given you the information. They were so far from giving the least intimation of the measures which have since taken place, that those who were supposed the best to know their intentions declared them impossible in the actual state of the two kingdoms, and spoke of nothing but an act of union, as the only way that could be found of giving freedom of trade to Ireland, consistently with the interests of this kingdom. Even when the session opened, Lord North declared that he did not know what remedy to apply to a disease of the cause of which he was ignorant; and ministry not being then entirely resolved how far they should submit to your energy, they, by anticipation, set the above author or some of his associates to fill the newspapers with invectives against us, as distressing the minister by extravagant demands in favor of Ireland.
I need not inform you, that everything they asserted of the steps taken in Ireland, as the result of our machinations, was utterly false and groundless. For myself, I seriously protest to you, that I neither wrote a word or received a line upon any matter relative to the trade of Ireland, or to the polities of it, from the beginning of the last session to the day that I was honored with your letter. It would be an affront to the talents in the Irish Parliament to say one word more.
What was done in Ireland during that period, in and out of Parliament, never will be forgotten. You raised an army new in its kind and adequate to its purposes. It effected its end without its exertion. It was not under the authority of law, most certainly, but it derived from an authority still higher; and as they say of faith, that it is not contrary to reason, but above it, so this army did not so much contradict the spirit of the law as supersede it. What you did in the legislative body is above all praise. By your proceeding with regard to the supplies, you revived the grand use and characteristic benefit of Parliament, which was on the point of being entirely lost amongst us. These sentiments I never concealed, and never shall; and Mr. Fox expressed them with his usual power, when he spoke on the subject.
All this is very honorable to you. But in what light must we see it? How are we to consider your armament without commission from the crown, when some of the first people in this kingdom have been refused arms, at the time they did not only not reject, but solicited the king's commissions? Here to arm and embody would be represented as little less than high treason, if done on private authority: with you it receives the thanks of a Privy Counsellor of Great Britain, who obeys the Irish House of Lords in that point with pleasure, and is made Secretary of State, the moment he lands here, for his reward. You shortened the credit given to the crown to six months; you hung up the public credit of your kingdom by a thread; you refused to raise any taxes, whilst you confessed the public debt and public exigencies to be great and urgent beyond example. You certainly acted in a great style, and on sound and invincible principles. But if we in the opposition, which fills Ireland with such loyal horrors, had even attempted, what we never did even attempt, the smallest delay or the smallest limitation of supply, in order to a constitutional coercion of the crown, we should have been decried by all the court and Tory mouths of this kingdom, as a desperate faction, aiming at the direct ruin of the country, and to surrender it bound hand and foot to a foreign enemy. By actually doing what we never ventured to attempt, you have paid your court with such address, and have won so much favor with his Majesty and his cabinet, that they have, of their special grace and mere motion, raised you to new titles, and for the first time, ill a speech from the throne, complimented you with the appellation of "faithful and loyal,"—and, in order to insult our low-spirited and degenerate obedience, have thrown these epithets and your resistance together in our teeth! What do you think were the feelings of every man who looks upon Parliament in an higher light than that of a market-overt for legalizing a base traffic of votes and pensions, when he saw you employ such means of coercion to the crown, in order to coerce our Parliament through that medium? How much his Majesty is pleased with his part of the civility must be left to his own taste. But as to us, you declared to the world that you knew that the way of bringing us to reason was to apply yourselves to the true source of all our opinions and the only motive to all our conduct! Now, it seems, you think yourselves affronted, because a few of us express some indignation at the minister who has thought fit to strip us stark naked, and expose the true state of our poxed and pestilential habit to the world! Think or say what you will in Ireland, I shall ever think it a crime hardly to be expiated by his blood. He might, and ought, by a longer continuance or by an earlier meeting of this Parliament, to have given us the credit of some wisdom in foreseeing and anticipating an approaching force. So far from it, Lord Gower, coming out of his own cabinet, declares that one principal cause of his resignation was his not being able to prevail on the present minister to give any sort of application to this business. Even on the late meeting of Parliament, nothing determinate could be drawn from him, or from any of his associates, until you had actually passed the short money bill,—which measure they flattered themselves, and assured others, you would never come up to. Disappointed in their expectation at [of?] seeing the siege raised, they surrendered at discretion.
Judge, my dear Sir, of our surprise at finding your censure directed against those whose only crime was in accusing the ministers of not having prevented your demands by our graces, of not having given you the natural advantages of your country in the most ample, the most early, and the most liberal manner, and for not having given away authority in such a manner as to insure friendship. That you should make the panegyric of the ministers is what I expected; because, in praising their bounty, you paid a just compliment to your own force. But that you should rail at us, either individually or collectively, is what I can scarcely think a natural proceeding. I can easily conceive that gentlemen might grow frightened at what they had done,—that they might imagine they had undertaken a business above their direction,—that, having obtained a state of independence for their country, they meant to take the deserted helm into their own hands, and supply by their very real abilities the total inefficacy of the nominal government. All these might be real, and might be very justifiable motives for their reconciling themselves cordially to the present court system. But I do not so well discover the reasons that could induce them, at the first feeble dawning of life in this country, to do all in their power to cast a cloud over it, and to prevent the least hope of our effecting the necessary reformations which are aimed at in our Constitution and in our national economy.
But, it seems, I was silent at the passing the resolutions. Why, what had I to say? If I had thought them too much, I should have been accused of an endeavor to inflame England. If I should represent them as too little, I should have been charged with a design of fomenting the discontents of Ireland into actual rebellion. The Treasury bench represented that the affair was a matter of state: they represented it truly. I therefore only asked whether they knew these propositions to be such as would satisfy Ireland; for if they were so, they would satisfy me. This did not indicate that I thought them too ample. In this our silence (however dishonorable to Parliament) there was one advantage,—that the whole passed, as far as it is gone, with complete unanimity, and so quickly that there was no time left to excite any opposition to it out of doors. In the West India business, reasoning on what had lately passed in the Parliament of Ireland, and on the mode in which it was opened here, I thought I saw much matter of perplexity. But I have now better reason than ever to be pleased with my silence. If I had spoken, one of the most honest and able men[16] in the Irish Parliament would probably have thought my observation an endeavor to sow dissension, which he was resolved to prevent,—and one of the most, ingenious and one of the most amiable men[17] that ever graced yours or any House of Parliament might have looked on it as a chimera. In the silence I observed, I was strongly countenanced (to say no more of it) by every gentleman of Ireland that I had the honor of conversing with in London. The only word, for that reason, which I spoke, was to restrain a worthy county member,[18] who had received some communication from a great trading place in the county he represents, which, if it had been opened to the House, would have led to a perplexing discussion of one of the most troublesome matters that could arise in this business. I got up to put a stop to it; and I believe, if you knew what the topic was, you would commend my discretion.
That it should be a matter of public discretion in me to be silent on the affairs of Ireland is what on all accounts I bitterly lament. I stated to the House what I felt; and I felt, as strongly as human sensibility can feel, the extinction of my Parliamentary capacity, where I wished to use it most. When I came into this Parliament, just fourteen years ago,—into this Parliament, then, in vulgar opinion at least, the presiding council of the greatest empire existing, (and perhaps, all things considered, that ever did exist,) obscure and a stranger as I was, I considered myself as raised to the highest dignity to which a creature of our species could aspire. In that opinion, one of the chief pleasures in my situation, what was first and-uppermost in my thoughts, was the hope, without injury to this country, to be somewhat useful to the place of my birth and education, which in many respects, internal and external, I thought ill and impolitically governed. But when I found that the House, surrendering itself to the guidance of an authority, not grown out of an experienced wisdom and integrity, but out of the accidents of court favor, had become the sport of the passions of men at once rash and pusillanimous,—that it had even got into the habit of refusing everything to reason and surrendering everything to force, all my power of obliging either my country or individuals was gone, all the lustre of my imaginary rank was tarnished, and I felt degraded even by my elevation. I said this, or something to this effect. If it gives offence to Ireland, I am sorry for it: it was the reason I gave for my silence; and it was, as far as it went, the true one.
With you, this silence of mine and of others was represented as factious, and as a discountenance to the measure of your relief. Do you think us children? If it had been our wish to embroil matters, and, for the sake of distressing ministry, to commit the two kingdoms in a dispute, we had nothing to do but (without at all condemning the propositions) to have gone into the commercial detail of the objects of them. It could not have been refused to us: and you, who know the nature of business so well, must know that this would have caused such delays, and given rise during that delay to such discussions, as all the wisdom of your favorite minister could never have settled. But, indeed, you mistake your men. We tremble at the idea of a disunion of these two nations. The only thing in which we differ with you is this,—that we do not think your attaching yourselves to the court and quarrelling with the independent part of this people is the way to promote the union of two free countries, or of holding them together by the most natural and salutary ties.
* * * * *
You will be frightened, when you see this long letter. I smile, when I consider the length of it myself. I never, that I remember, wrote any of the same extent. But it shows me that the reproaches of the country that I once belonged to, and in which I still have a dearness of instinct more than I can justify to reason, make a greater impression on me than I had imagined. But parting words are admitted to be a little tedious, because they are not likely to be renewed. If it will not be making yourself as troublesome to others as I am to you, I shall be obliged to you, if you will show this, at their greatest leisure, to the Speaker, to your excellent kinsman, to Mr. Grattan, Mr. Yelverton, and Mr. Daly: all these I have the honor of being personally known to, except Mr. Yelverton, to whom I am only known by my obligations to him. If you live in any habits with my old friend, the Provost, I shall be glad that he, too, sees this my humble apology.
Adieu! once more accept my best thanks for the interest you take in me. Believe that it is received by an heart not yet so old as to have lost its susceptibility. All here give you the best old-fashioned wishes of the season; and believe me, with the greatest truth and regard,
My dear Sir,
Your most faithful and obliged humble servant,
EDMUND BURKE.
BEACONSFIELD, New year's Day, 1780.
I am frightened at the trouble I give you and our friends; but I recollect that you are mostly lawyers, and habituated to read long, tiresome papers—and, where your friendship is concerned, without a fee; I am sure, too, that you will not act the lawyer in scrutinizing too minutely every expression which my haste may make me use. I forgot to mention my friend O'Hara, and others; but you will communicate it as you please.
FOOTNOTES:
[14] Mr. Thomas Burgh, of Old Town, was a member of the House of Commons in Ireland.—It appears from a letter written by this gentleman to Mr. Burke, December 24, 1779, and to which the following is an answer, that the part Mr. Burke had taken in the discussion which the affairs of Ireland had undergone in the preceding sessions of Parliament in England had been grossly misrepresented and much censured in Ireland.
[15] This intention was communicated to Mr. Burke in a letter from Mr. Pery, the Speaker of the House of Commons in Ireland.
[16] Mr. Grattan.
[17] Mr. Hussey Burgh
[18] Mr. Stanley, member for Lancashire.
LETTER
TO JOHN MERLOTT, ESQ.[19]
Dear Sir,—I am very unhappy to find that my conduct in the business of Ireland, on a former occasion, had made many to be cold and indifferent who would otherwise have been warm in my favor. I really thought that events would have produced a quite contrary effect, and would have proved to all the inhabitants of Bristol that it was no desire of opposing myself to their wishes, but a certain knowledge of the necessity of their affairs, and a tender regard to their honor and interest, which induced me to take the part which I then took. They placed me in a situation which might enable me to discern what was fit to be done, on a consideration of the relative circumstances of this country and all its neighbors. This was what you could not so well do yourselves; but you had a right to expect that I should avail myself of the advantage which I derived from your favor. Under the impression-of this duty and this trust, I had endeavored to render, by preventive graces and concessions, every act of power at the same time an act of lenity,—the result of English bounty, and not of English timidity and distress. I really flattered myself that the events which have proved beyond dispute the prudence of such a maxim would have obtained pardon for me, if not approbation. But if I have not been so fortunate, I do most sincerely regret my great loss,—this comfort, however, that, if I have disobliged my constituents, it was not in pursuit of any sinister interest or any party passion of my own, but in endeavoring to save them from disgrace, along with the whole community to which they and I belong. I shall be concerned for this, and very much so; but I should be more concerned, if, in gratifying a present humor of theirs, I had rendered myself unworthy of their former or their future choice. I confess that I could not bear to face my constituents at the next general election, if I had been a rival to Lord North in the glory of having refused some small, insignificant concessions, in favor of Ireland, to the arguments and supplications of English members of Parliament,—and in the very next session, on the demand of forty thousand Irish bayonets, of having made a speech of two hours long to prove that my former conduct was founded upon no one right principle, either of policy, justice, or commerce. I never heard a more elaborate, more able, more convincing, and more shameful speech. The debater obtained credit, but the statesman was disgraced forever. Amends were made for having refused small, but timely concessions, by an unlimited and untimely surrender, not only of every one of the objects of former restraints, but virtually of the whole legislative power itself which had made them. For it is not necessary to inform you, that the unfortunate Parliament of this kingdom did not dare to qualify the very liberty she gave of trading with her own plantations, by applying, of her own authority, any one of the commercial regulations to the new traffic of Ireland, which bind us here under the several Acts of Navigation. We were obliged to refer them to the Parliament of Ireland, as conditions, just in the same manner as if we were bestowing a privilege of the same sort on France and Spain, or any other independent power, and, indeed, with more studied caution than we should have used, not to shock the principle of their independence. How the minister reconciled the refusal to reason, and the surrender to arms raised in defiance of the prerogatives of the crown, to his master, I know not: it has probably been settled, in some way or other, between themselves. But however the king and his ministers may settle the question of his dignity and his rights, I thought it became me, by vigilance and foresight, to take care of yours: I thought I ought rather to lighten the ship in time than expose it to a total wreck. The conduct pursued seemed to me without weight or judgment, and more fit for a member for Banbury than a member for Bristol. I stood, therefore, silent with grief and vexation, on that day of the signal shame and humiliation of this degraded king and country. But it seems the pride of Ireland, in the day of her power, was equal to ours, when we dreamt we were powerful too. I have been abused there even for my silence, which was construed into a desire of exciting discontent in England. But, thank God, my letter to Bristol was in print, my sentiments on the policy of the measure were known and determined, and such as no man could think me absurd enough to contradict. When I am no longer a free agent, I am obliged in the crowd to yield to necessity: it is surely enough that I silently submit to power; it is enough that I do not foolishly affront the conqueror; it is too hard to force me to sing his praises, whilst I am led in triumph before him,—or to make the panegyric of our own minister, who would put me neither in a condition to surrender with honor or to fight with the smallest hope of victory. I was, I confess, sullen and silent on that day,—and shall continue so, until I see some disposition to inquire into this and other causes of the national disgrace. If I suffer in my reputation for it in Ireland, I am sorry; but it neither does nor can affect me so nearly as my suffering in Bristol for having wished to unite the interests of the two nations in a manner that would secure the supremacy of this.
Will you have the goodness to excuse the length of this letter? My earnest desire of explaining myself in every point which may affect the mind of any worthy gentleman in Bristol is the cause of it. To yourself, and to your liberal and manly notions, I know it is not so necessary. Believe me,
My dear Sir,
Your most faithful and obedient humble servant,
EDMUND BURKE.
BEACONSFIELD, April 4th, 1780.
To JOHN MERLOTT, Esq., Bristol.
FOOTNOTES:
[19] An eminent merchant in the city of Bristol, of which Mr. Burke was one of the representatives in Parliament.—It relates to the same subject as the preceding Letter.
LETTERS AND REFLECTIONS
ON THE
EXECUTIONS OF THE RIOTERS
IN 1780.
LETTERS.
To the Lord Chancellor.
My Lord,—I hope I am not too late with the inclosed slight observations. If the execution already ordered cannot be postponed, might I venture to recommend that it should extend to one only? and then the plan suggested in the inclosed paper may, if your Lordship thinks well of it, take place, with such improvements as your better judgment may dictate. As to fewness of the executions, and the good effects of that policy, I cannot, for my own part, entertain the slightest doubt.
If you have no objection, and think it may not occupy more of his Majesty's time than such a thing is worth, I should not be sorry that the inclosed was put into the king's hands.
I have the honor to be, my Lord,
Your Lordship's most obedient humble servant,
EDMUND BURKE.
CHARLES STREET, July 10, 1780.
* * * * *
To the Earl Bathurst, Lord President of the Council
My Lord,—
I came to town but yesterday, and therefore did not learn more early the probable extent of the executions in consequence of the late disturbances. I take the liberty of laying before you, with the sincerest deference to your judgment, what appeared to me very early as reasonable in this business. Further thoughts have since occurred to me. I confess my mind is under no small degree of solicitude and anxiety on the subject; I am fully persuaded that a proper use of mercy would not only recommend the wisdom and steadiness of government, but, if properly used, might be made a means of drawing out the principal movers in this wicked business, who have hitherto eluded your scrutiny. I beg pardon for this intrusion, and have the honor to be, with great regard and esteem,
My Lord,
Your Lordship's most obedient humble servant,
EDMUND BURKE.
CHARLES STREET, July 18, 1780.
* * * * *
To Sir Grey Cooper, Bart.[20]
Dear Sir,—
According to your desire, I send you a copy of the few reflections on the subject of the present executions which occurred to me in the earliest period of the late disturbances, and which all my experience and observation since have most strongly confirmed. The executions, taking those which have been made, which are now ordered, and which may be the natural consequence of the convictions in Surrey, will be undoubtedly too many to answer any good purpose. Great slaughter attended the suppression of the tumults, and this ought to be taken in discount from the execution of the law. For God's sake entreat of Lord North to take a view of the sum total of the deaths, before any are ordered for execution; for by not doing something of this kind people are decoyed in detail into severities they never would have dreamed of, if they had the whole in their view at once. The scene in Surrey would have affected the hardest heart that ever was in an human breast. Justice and mercy have not such opposite interests as people are apt to imagine. I saw Lord Loughborough last night. He seemed strongly impressed with the sense of what necessity obliged him to go through, and I believe will enter into our ideas on the subject. On this matter you see that no time is to be lost. Before a final determination, the first thing I would recommend is, that, if the very next execution cannot be delayed, (by the way, I do not see why it may not,) it may be of but a single person, and that afterwards you should not exceed two or three; for it is enough for one riot, where the very act of Parliament on which you proceed is rather a little hard in its sanctions and its construction: not that I mean to complain of the latter as either new or strained, but it was rigid from the first.
I am, dear Sir,
Your most obedient humble servant,
EDMUND BURKE.
Tuesday, 18th July, 1780.
I really feel uneasy on this business, and should consider it as a sort of personal favor, if you do something to limit the extent and severity of the law on this point. Present my best compliments to Lord North, and if he thinks that I have had wishes to be serviceable to government on the late occasion, I shall on my part think myself abundantly rewarded, if a few lives less than first intended should be saved [taken?]; I should sincerely set it down as a personal obligation, though the thing stands upon general and strong reason of its own.[21]
FOOTNOTES:
[20] One of the Secretaries of the Treasury.
[21] It appears by the following extract from a letter written by the Earl of Mansfield to Mr. Burke, dated the 17th July, 1780, that these Reflections had also been communicated to him:—"I have received the honor of your letter and very judicious thoughts. Having been so greatly injured myself, I have thought it more decent not to attend the reports, and consequently have not been present at any deliberation upon the subject."
SOME THOUGHTS
ON THE APPROACHING EXECUTIONS,
HUMBLY OFFERED TO CONSIDERATION.
As the number of persons convicted on account of the late unhappy tumults will probably exceed what any one's idea of vengeance or example would deliver to capital punishment, it is to be wished that the whole business, as well with regard to the number and description of those who are to suffer death as with regard to those who shall be delivered over to lighter punishment or wholly pardoned, should be entirely a work of reason.
It has happened frequently, in cases of this nature, that the fate of the convicts has depended more upon the accidental circumstance of their being brought earlier or later to trial than to any steady principle of equity applied to their several cases. Without great care and sobriety, criminal justice generally begins with anger and ends in negligence. The first that are brought forward suffer the extremity of the law, with circumstances of mitigation of their case; and after a time, the most atrocious delinquents escape merely by the satiety of punishment.
In the business now before his Majesty, the following thoughts are humbly submitted.
If I understand the temper of the public at this moment, a very great part of the lower and some of the middling people of this city are in a very critical disposition, and such as ought to be managed with firmness and delicacy. In general, they rather approve than blame the principles of the rioters, though the better sort of them are afraid of the consequences of those very principles which they approve. This keeps their minds in a suspended and anxious state, which may very easily be exasperated by an injudicious severity into desperate resolutions,—or by weak measures on the part of government it may be encouraged to the pursuit of courses which may be of the most dangerous consequences to the public.
There is no doubt that the approaching executions will very much determine the future conduct of those people. They ought to be such as will humble, not irritate. Nothing will make government more awful to them than to see that it does not proceed by chance or under the influence of passion.
It is therefore proposed that no execution should be made until the number of persons which government thinks fit to try is completed. When the whole is at once under the eye, an examination ought to be made into the circumstances of every particular convict; and six, at the very utmost, of the fittest examples may then be selected for execution, who ought to be brought out and put to death on one and the same day, in six different places, and in the most solemn manner that can be devised. Afterwards great care should be taken that their bodies may not be delivered to their friends, or to others who may make them objects of compassion or even veneration: some instances of the kind have happened with regard to the bodies of those killed in the riots. The rest of the malefactors ought to be either condemned, for larger [longer?] or shorter terms, to the lighters, houses of correction, service in the navy, and the like, according to the case.
This small number of executions, and all at one time, though in different places, is seriously recommended; because it is certain that a great havoc among criminals hardens rather than subdues the minds of people inclined to the same crimes, and therefore fails of answering its purpose as an example. Men who see their lives respected and thought of value by others come to respect that gift of God themselves. To have compassion for oneself, or to care, more or less, for one's own life, is a lesson to be learned just as every other; and I believe it will be found that conspiracies have been most common and most desperate where their punishment has been most extensive and most severe.
Besides, the least excess in this way excites a tenderness in the milder sort of people, which makes them consider government in an harsh and odious light. The sense of justice in men is overloaded and fatigued with a long series of executions, or with such a carnage at once as rather resembles a massacre than a sober execution of the laws. The laws thus lose their terror in the minds of the wicked, and their reverence in the minds of the virtuous.
I have ever observed that the execution of one man fixes the attention and excites awe; the execution of multitudes dissipates and weakens the effect: but men reason themselves into disapprobation and disgust; they compute more as they feel less; and every severe act which does not appear to be necessary is sure to be offensive.
In selecting the criminals, a very different line ought to be followed from that recommended by the champions of the Protestant Association. They recommend that the offenders for plunder ought to be punished, and the offenders from principle spared. But the contrary rule ought to be followed. The ordinary executions, of which there are enough in conscience, are for the former species of delinquents; but such common plunderers would furnish no example in the present case, where the false or pretended principle of religion, which leads to crimes, is the very thing to be discouraged.
But the reason which ought to make these people objects of selection for punishment confines the selection to very few. For we must consider that the whole nation has been for a long time guilty of their crime. Toleration is a new virtue in any country. It is a late ripe fruit in the best climates. We ought to recollect the poison which, under the name of antidotes against Popery, and such like mountebank titles, has been circulated from our pulpits and from our presses, from the heads of the Church of England and the heads of the Dissenters. These publications, by degrees, have tended to drive all religion from our own minds, and to fill them with nothing but a violent hatred of the religion of other people, and, of course, with a hatred of their persons; and so, by a very natural progression, they have led men to the destruction of their goods and houses, and to attempts upon their lives.
This delusion furnishes no reason for suffering that abominable spirit to be kept alive by inflammatory libels or seditious assemblies, or for government's yielding to it, in the smallest degree, any point of justice, equity, or sound policy. The king certainly ought not to give up any part of his subjects to the prejudices of another. So far from it, I am clearly of opinion that on the late occasion the Catholics ought to have been taken, more avowedly than they were, under the protection of government, as the Dissenters had been on a similar occasion.
But though we ought to protect against violence the bigotry of others, and to correct our own too, if we have any left, we ought to reflect, that an offence which in its cause is national ought not in its effects to be vindicated on individuals, but with a very well-tempered severity.
For my own part, I think the fire is not extinguished,—on the contrary, it seems to require the attention of government more than ever; but, as a part of any methodical plan for extinguishing this flame, it really seems necessary that the execution of justice should be as steady and as cool as possible.
SOME ADDITIONAL REFLECTIONS
ON THE EXECUTIONS.
The great number of sufferers seems to arise from the misfortune incident to the variety of judicatures which have tried the crimes. It were well, if the whole had been the business of one commission; for now every trial seems as if it were a separate business, and in that light each offence is not punished with greater severity than single offences of the kind are commonly marked: but in reality and fact, this unfortunate affair, though diversified in the multitude of overt acts, has been one and the same riot; and therefore the executions, so far as regards the general effect on the minds of men, will have a reference to the unity of the offence, and will appear to be much more severe than such a riot, atrocious as it was, can well justify in government. I pray that it may be recollected that the chief delinquents have hitherto escaped, and very many of those who are fallen into the hands of justice are a poor, thoughtless set of creatures, very little aware of the nature of their offence. None of the list-makers, the assemblers of the mob, the directors and arrangers, have been convicted. The preachers of mischief remain safe, and are wicked enough not to feel for their deluded disciples,—no, not at all. I would not plead the ignorance of the law in any, even the most ignorant, as a justification; but I am sure, that, when the question is of mercy, it is a very great and powerful argument. I have all the reason in the world to believe that they did not know their offence was capital.
There is one argument, which I beg may not be considered as brought for any invidious purpose, or meant as imputing blame anywhere, but which, I think, with candid and considerate men, will have much weight. The unfortunate delinquents were perhaps much encouraged by some remissness on the part of government itself. The absolute and entire impunity attending the same offence in Edinburgh, which was over and over again urged as an example and encouragement to these unfortunate people, might be a means of deluding them. Perhaps, too, a languor in the beginning of the riots here (which suffered the leaders to proceed, until very many, as it were by the contagion of a sort of fashion, were carried to these excesses) might make these people think that there was something in the case which induced government to wink at the irregularity of the proceedings.
The conduct and condition of the Lord Mayor ought, in my opinion, to be considered. His answers to Lord Beauchamp, to Mr. Malo, and to Mr. Langdale make him appear rather an accomplice in the crimes than guilty of negligence as a magistrate. Such an example set to the mob by the first magistrate of the city tends greatly to palliate their offence.
The license, and complete impunity too, of the publications which from the beginning instigated the people to such actions, and in the midst of trials and executions still continues, does in a great degree render these creatures an object of compassion. In the Public Advertiser of this morning there are two or three paragraphs strongly recommending such outrages, and stimulating the people to violence against the houses and persons of Roman Catholics, and even against the chapels of the foreign ministers.
I would not go so far as to adopt the maxim, Quicquid multis peccatur inultum; but certainly offences committed by vast multitudes are somewhat palliated in the individuals, who, when so many escape, are always looked upon rather as unlucky than criminal. All our loose ideas of justice, as it affects any individual, have in them something of comparison to the situation of others; and no systematic reasoning can wholly free us from such impressions.
Phil. de Comines says our English civil wars were less destructive than others, because the cry of the conqueror always was, "Spare the common people." This principle of war should be at least as prevalent in the execution of justice. The appetite of justice is easily satisfied, and it is best nourished with the least possible blood. We may, too, recollect that between capital punishment and total impunity there are many stages.
On the whole, every circumstance of mercy, and of comparative justice, does, in my opinion, plead in favor of such low, untaught, or ill-taught wretches. But above all, the policy of government is deeply interested that the punishments should appear one, solemn, deliberate act, aimed not at random, and at particular offences, but done with a relation to the general spirit of the tumults; and they ought to be nothing more than what is sufficient to mark and discountenance that spirit.
CIRCUMSTANCES FOR MERCY.
Not being principal. Probable want of early and deliberate purposes. Youth where the highest malice does not appear. Sex where the highest malice does not appear. Intoxication and levity, or mere wantonness of any kind.
A
LETTER
TO
THE RIGHT HON. HENRY DUNDAS,
ONE OF HIS MAJESTY'S PRINCIPAL SECRETARIES OF STATE.
WITH THE
SKETCH OF A NEGRO CODE.
1792.
Dear Sir,—I should have been punctual in sending you the sketch I promised of my old African Code, if some friends from London had not come in upon me last Saturday, and engaged me till noon this day: I send this packet by one of them who is still here. If what I send be, as under present circumstances it must be, imperfect, you will excuse it, as being done near twelve years ago. About four years since I made an abstract of it, upon which I cannot at present lay my hands; but I hope the marginal heads will in some measure supply it.
If the African trade could be considered with regard to itself only, and as a single object, I should think the utter abolition to be on the whole more advisable than any scheme of regulation an reform. Rather than suffer it to continue as it is, I heartily wish it at an end. What has been lately done has been done by a popular spirit, which seldom calls for, and indeed very rarely relishes, a system made up of a great variety of parts, and which is to operate its effect in a great length of time. The people like short methods; the consequences of which they sometimes have reason to repent of. Abolition is but a single act. To prove the nature of the trade, and to expose it properly, required, indeed, a vast collection of materials, which have been laboriously collected, and compiled with great judgment. It required also much perseverance and address to excite the spirit which has been excited without doors, and which has carried it through. The greatest eloquence ever displayed in the House has been employed to second the efforts which have been made abroad. All this, however, leads but to one single resolve. When this was done, all was done. I speak of absolute and immediate abolition, the point which the first motions went to, and which is in effect still pressed; though in this session, according to order, it cannot take effect. A remote, and a gradual abolition, though they may be connected, are not the same thing. The idea of the House seems to me, if I rightly comprehend it, that the two things are to be combined: that is to say, that the trade is gradually to decline, and to cease entirely at a determinate period. To make the abolition gradual, the regulations must operate as a strong discouragement. But it is much to be feared that a trade continued and discouraged, and with a sentence of death passed upon it, will perpetuate much ill blood between those who struggle for the abolition and those who contend for an effectual continuance.
At the time when I formed the plan which I have the honor to transmit to you, an abolition of the slave trade would have appeared a very chimerical project. My plan, therefore, supposes the continued existence of that commerce. Taking for my basis that I had an incurable evil to deal with, I cast about how I should make it as small an evil as possible, and draw out of it some collateral good.
In turning the matter over in my mind at that time and since, I never was able to consider the African trade upon a ground disconnected with the employment of negroes in the West Indies, and distinct from their condition in the plantations whereon they serve. I conceived that the true origin of the trade was not in the place it was begun at, but at the place of its final destination. I therefore was, and I still am, of opinion that the whole work ought to be taken up together, and that a gradual abolition of slavery in the West Indies ought to go hand in hand with anything which, should be done with regard to its supply from the coast of Africa. I could not trust a cessation of the demand for this supply to the mere operation of any abstract principle, (such as, that, if their supply was cut off, the planters would encourage and produce an effectual population,) knowing that nothing can be more uncertain than the operation of general principles, if they are not embodied in specific regulations. I am very apprehensive, that, so long as the slavery continues, some means for its supply will be found. If so, I am persuaded that it is better to allow the evil, in order to correct it, than, by endeavoring to forbid what we cannot be able wholly to prevent, to leave it under an illegal, and therefore an unreformed existence. It is not that my plan does not lead to the extinction of the slave trade, but it is through a very slow progress, the chief effect of which is to be operated in our own plantations, by rendering, in a length of time, all foreign supply unnecessary. It was my wish, whilst the slavery continued, and the consequent commerce, to take such measures as to civilize the coast of Africa by the trade, which now renders it more barbarous, and to lead by degrees to a more reputable, and, possibly, a more profitable connection with it, than we maintain at present.
I am sure that you will consider as a mark of my confidence in yours and Mr. Pitt's honor and generosity, that I venture to put into your hands a scheme composed of many and intricate combinations, without a full explanatory preface, or any attendant notes, to point out the principles upon which I proceeded in every regulation which I have proposed towards the civilization and gradual manumission of negroes in the two hemispheres. I confess I trust infinitely more (according to the sound principles of those who ever have at any time meliorated the state of mankind) to the effect and influence of religion than to all the rest of the regulations put together.
Whenever, in my proposed reformation, we take our point of departure from a state of slavery, we must precede the donation of freedom by disposing the minds of the objects to a disposition to receive it without danger to themselves or to us. The process of bringing free savages to order and civilization is very different. When a state of slavery is that upon which we are to work, the very means which lead to liberty must partake of compulsion. The minds of men, being crippled with that restraint, can do nothing for themselves: everything must be done for them. The regulations can owe little to consent. Everything must be the creature of power. Hence it is that regulations must be multiplied, particularly as you have two parties to deal with. The planter you must at once restrain and support, and you must control at the same time that you ease the servant. This necessarily makes the work a matter of care, labor, and expense. It becomes in its nature complex. But I think neither the object impracticable nor the expense intolerable; and I am fully convinced that the cause of humanity would be far more benefited by the continuance of the trade and servitude, regulated and reformed, than by the total destruction of both or either. What I propose, however, is but a beginning of a course of measures which an experience of the effects of the evil and the reform will enable the legislature hereafter to supply and correct.
I need not observe to you, that the forms are often neglected, penalties not provided, &c., &c., &c. But all this is merely mechanical, and what a couple of days' application would set to rights.
I have seen what has been done by the West Indian Assemblies. It is arrant trifling. They have done little; and what they have done is good for nothing,—for it is totally destitute of an executory principle. This is the point to which I have applied my whole diligence. It is easy enough to say what shall be done: to cause it to be done,—hic labor, hoc opus.
I ought not to apologize for letting this scheme lie beyond the period of the Horatian keeping,—I ought much more to entreat an excuse for producing it now. Its whole value (if it has any) is the coherence and mutual dependency of parts in the scheme; separately they can be of little or no use.
I have the honor to be, with very great respect and regard,
Dear Sir,
Your most faithful and obedient humble servant,
EDMUND BURKE.
BEACONSFIELD, Easter-Monday night, 1792.
SKETCH OF A NEGRO CODE.
This constitution consists of four principal members.
I. The rules for qualifying a ship for the African trade.
II. The mode of carrying on the trade upon the coast of Africa, which includes a plan for introducing civilization in that part of the world.
III. What is to be observed from the time of shipping negroes to the sale in the West India islands.
IV. The regulations relative to the state and condition of slaves in the West Indies, their manumission, &c.
[Sidenote: PREAMBLE.]
Whereas it is expedient, and comformable to the principles of true religion and morality, and to the rules of sound policy, to put an end to all traffic in the persons of men, and to the detention of their said persons in a state of slavery, as soon as the same may be effected without producing great inconveniences in the sudden change of practices of such long standing, and during the time of the continuance of the said practices it is desirable and expedient by proper regulations to lessen the inconveniences and evils attendant on the said traffic and state of servitude, until both shall be gradually done away:
And whereas the objects of the said trade and consequential servitude, and the grievances resulting therefrom, come under the principal heads following, the regulations ought thereto to be severally applied: that is to say, that provision should be made by the said regulations,
1st, For duly qualifying ships for the said traffic;
2nd, For the mode and conditions of permitting the said trade to be carried on upon the coast of Africa;
3rd, For the treatment of the negroes in their passage to the West India islands;
4th, For the government of the negroes which are or shall be employed in his Majesty's colonies and plantations in the West Indies:
[Sidenote: Ships to be registered.]
Be it therefore enacted, that every ship or trading vessel which is intended for the negro trade, with the name of the owner or owners thereof, shall be entered and registered as ships trading to the West Indies are by law to be registered, with the further provisions following:
[Sidenote: Measured and surveyed.]
1. The same entry and register shall contain an account of the greatest number of negroes of all descriptions which are proposed to be taken into the said ship or trading vessel; and the said ship, before she is permitted to be entered outwards, shall be surveyed by a ship-carpenter, to be appointed by the collector of the port from which the said vessel is to depart, and by a surgeon, also appointed by the collector, who hath been conversant in the service of the said trade, but not at the time actually engaged or covenanted therein; and the said carpenter and surgeon shall report to the collector, or in his absence, to the next principal officer of the port; upon oath, (which oath the said collector or principal officer is hereby empowered to administer,) her measurement, and what she contains in builder's tonnage, and that she has —— feet of grated portholes between the decks, and that she is otherwise fitly found as a good transport vessel.
[Sidenote: Number of slaves limited.]
2. And be it enacted, that no ship employed in the said trade shall upon any pretence take in more negroes than one grown man or woman for one ton and half of builder's tonnage, nor more than one boy or girl for one ton.
[Sidenote: Provisions.]
3. That the said ship or other vessel shall lay in, in proportion to the ship's company of the said vessel, and the number of negroes registered, a full and sufficient store of sound provision, so as to be secure against all probable delays and accidents, namely, salted beef, pork, salt-fish, butter, cheese, biscuit, flour, rice, oat-meal, and white peas, but no horse-beans, or other inferior provisions; and the said ship shall be properly provided with water-casks or jars, in proportion to the intended number of the said negroes; and the said ship shall be also provided with a proper and sufficient stock of coals or firewood.
[Sidenote: Stores.]
4. And every ship entered as aforesaid shall take out a coarse shirt and a pair of trousers, or petticoat, for each negro intended to be taken aboard; as also a mat, or coarse mattress, or hammock, for the use of the said negroes. The proportions of provision, fuel, and clothing to be regulated by the table annexed to this act.
[Sidenote: Certificate thereof.]
5. And be it enacted, that no ship shall be permitted to proceed on the said voyage or adventure, until the searcher of the port from whence the said vessel shall sail, or such person as he shall appoint to act for him, shall report to the collector that he hath inspected the said stores, and that the ship is accommodated and provided in the manner hereby directed.
[Sidenote: Guns for trade to be inspected.]
6. And be it enacted, that no guns be exported to the coast of Africa, in the said or any other trade, unless the same be duly marked with the maker's name on the barrels before they are put into the stocks, and vouched by an inspector in the place where the same are made to be without fraud, and sufficient and merchantable arms.
[Sidenote: Owners and masters to enter into bonds.]
7. And be it enacted, that, before any ship as aforesaid shall proceed on her voyage, the owner or owners, or an attorney by them named, if the owners are more than two, and the master, shall severally give bond, the owners by themselves, the master for himself, that the said master shall duly conform himself in all things to the regulations in this act contained, so far as the same regards his part in executing and conforming to the same.
* * * * *
II. And whereas, in providing for the second object of this act, that is to say, for the trade on the coast of Africa, it is first prudent not only to provide against the manifold abuses to which a trade of that nature is liable, but that the same may be accompanied, as far as it is possible, with such advantages to the natives as may tend to the civilizing them, and enabling them to enrich themselves by means more desirable, and to carry on hereafter a trade more advantageous and honorable to all parties:
And whereas religion, order, morality, and virtue are the elemental principles, and the knowledge of letters, arts, and handicraft trades, the chief means of such civilization and improvement: for the better attainment of the said good purposes,
[Sidenote: Marts to be established on the coast.]
1. Be it hereby enacted, that the coast of Africa, on which the said trade for negroes may be carried on, shall be and is hereby divided into marts or staples, as hereafter follows. [Here name the marts.] And be it enacted, that it shall not be lawful for the master of any ship to purchase any negro or negroes, but at one of the said marts or staples.
[Sidenote: Governors and counsellors.]
2. That the directors of the African Company shall appoint, where not already appointed, a governor, with three counsellors, at each of the said marts, with a salary of —— to the governor, and of —— to each of the said counsellors. The said governor, or, in his absence or illness, the senior counsellor, shall and is hereby empowered to act as a justice of the peace, and they, or either of them, are authorized, ordered, and directed to provide for the peace of the settlement, and the good regulation of their station and stations severally, according to the rules of justice, to the directions of this act, and the instructions they shall receive from time to time from the said African Company. And the said African Company is hereby authorized to prepare instructions, with the assent of the Lords of his Majesty's Privy Council, which shall be binding in all things not contrary to this act, or to the laws of England, on the said governors and counsellors, and every of them, and on all persons acting in commission with them under this act, and on all persons residing within the jurisdiction of the magistrates of the said mart.
[Sidenote: Ships of war stationed.]
3. And be it enacted, that the Lord High Admiral, or commissioners for executing his office, shall appoint one or more, as they shall see convenient, of his Majesty's ships or sloops of war, under the command severally of a post-captain, or master and commander, to each mart, as a naval station.
[Sidenote: Inspectors appointed.]
4. And be it enacted, that the Lord High Treasurer, or the commissioners for executing his office, shall name two inspectors of the said trade at every mart, who shall provide for the execution of this act, according to the directions thereof, so far as shall relate to them; and it is hereby provided and enacted, that, as cases of sudden emergency may arise, the said governor or first counsellor, and the first commander of his Majesty's ship or ships on the said station, and the said inspectors, or the majority of them, the governor having a double or casting vote, shall have power and authority to make such occasional rules and orders relating to the said trade as shall not be contrary to the instructions of the African Company, and which shall be valid until the same are revoked by the said African Company.
[Sidenote: Lands may be purchased.]
5. That the said African Company is hereby authorized to purchase, if the same may conveniently be done, with the consent of the Privy Council, any lands adjoining to the fort or principal mart aforesaid, not exceeding —— acres, and to make allotments of the same; no allotment to one person to exceed (on pain of forfeiture) —— acres.
[Sidenote: Churches and schoolhouses, and hospitals to be erected.]
[Sidenote: Chaplain and assistant.]
[Sidenote: Clerk and catechist.]
6. That the African Company shall, at each fort or mart, cause to be erected, in a convenient place, and at a moderate cost, the estimate of which shall be approved by the Treasury, one church, and one school-house, and one hospital; and shall appoint one principal chaplain, with a curate or assistant in holy orders, both of whom shall be recommended by the Lord Bishop of London; and the said chaplain or his assistant shall perform divine service, and administer the sacraments, according to the usage of the Church of England, or to such mode not contrary thereto as to the said bishop shall seem more suitable to the circumstances of the people. And the said principal chaplain shall be the third member in the council, and shall be entitled to receive from the directors of the said African Company a salary of ——, and his assistant a salary of ——, and he shall have power to appoint one sober and discreet person, white or black, to be his clerk and catechist, at a salary of ——.
[Sidenote: Schoolmaster.]
[Sidenote: Carpenter and blacksmith.]
[Sidenote: Native apprentices.]
[Sidenote: Surgeon and mate.]
[Sidenote: Native apprentice.]
7. And be it enacted, that the African Company shall appoint one sufficient schoolmaster, who shall be approved by the Bishop of London, and who shall be capable of teaching writing, arithmetic, surveying, and mensuration, at a salary of ——. And the said African Company is hereby authorized to provide for each settlement a carpenter and blacksmith, with such encouragement as to them shall seem expedient, who shall take each two apprentices from amongst the natives; to instruct them in the several trades, the African Company allowing them, as a fee for each apprentice, ——. And the said African Company shall appoint one surgeon and one surgeon's mate, who are to be approved on examination, at Surgeons' Hall, to each fort or mart, with a salary of —— for the surgeon, and for his mate ——; and the said surgeon shall take one native apprentice, at a fee to be settled by the African Company.
[Sidenote: How removable.]
8. And be it enacted, that the said catechist, schoolmaster, surgeon, and surgeon's mate, as well as the tradesmen in the Company's service, shall be obedient to the orders they shall from time to time receive from the governor and council of each fort; and if they, or any of them, or any other person, in whatever station, shall appear, on complaint and proof to the majority of the commissioners, to lead a disorderly and debauched life, or use any profane or impious discourses, to the danger of defeating the purposes of this institution, and to the scandal of the natives, who are to be led by all due means into a respect for our holy religion, and a desire of partaking of the benefits thereof, they are authorized and directed to suspend the said person from his office, or the exercise of his trade, and to send him to England (but without any hard confinement, except in case of resistance) with a complaint, with inquiry and proofs adjoined, to the African Company.
9. And be it enacted, that the Bishop of London for the time being shall have full authority to remove the said chaplain for such causes as to him shall seem reasonable.
[Sidenote: No public officer to be concerned in the negro trade.]
10. That no governor, counsellor, inspector, chaplain, surgeon, or schoolmaster shall be concerned, or have any share, directly or indirectly, in the negro trade, on pain of ——.
[Sidenote: Journals and letter-books to be kept and transmitted.]
11. Be it enacted, that the said governor and council shall keep a journal of all their proceedings, and a book in which copies of all their correspondence shall be entered, and they shall transmit copies of the said journals and letter-book, and their books of accounts, to the African Company, who, within —— of their receipt thereof, shall communicate the same to one of his Majesty's principal secretaries of state.
[Sidenote: Chaplain to report to the Bishop of London.]
12. And be it enacted, that the said chaplain or principal minister, shall correspond with the Bishop of London, and faithfully and diligently transmit to him an account of whatever hath been done for the advancement of religion, morality, and learning amongst the natives.
[Sidenote: Negroes to be attested before sale.]
13. And be it enacted, that no negro shall be conclusively sold, until he shall be attested by the two inspectors and chaplain, or, in case of the illness of any of them, by one inspector, and the governor, or one of the council, who are hereby authorized and directed, by the best means in their power, to examine into the circumstances and condition of the persons exposed to sale.
[Sidenote: Causes for rejection.]
14. And for the better direction of the said inspectors, no persons are to be sold, who, to the best judgment of the said inspectors, shall be above thirty-five years of age, or who shall appear, on examination, stolen or carried away by the dealers by surprise; nor any person who is able to read in the Arabian or any other book; nor any woman who shall appear to be advanced three months in pregnancy; nor any person distorted or feeble, unless the said persons are consenting to such sale; or any person afflicted with a grievous or contagious distemper: but if any person so offered is only lightly disordered, the said person may be sold, but must be kept in the hospital of the mart, and shall not be shipped until completely cured.
[Sidenote: Traders to be licensed by the governors.]
15. Be it enacted, that no black or European factor or trader into the interior country, or on the coast, (the masters of English ships only excepted, for whose good conduct provision is otherwise herein made,) shall be permitted to buy or sell in any of the said marts, unless he be approved by the governor of the mart in which he is to deal, or, in his absence or disability, by the senior counsellor for the time being, and obtaining a license from such governor or counsellor; and the said traders and factors shall, severally or jointly, as they shall be concerned, before they shall obtain the said license, be bound in a recognizance, with such surety for his or their good behavior as to the said governor shall seem the best that can be obtained.
[Sidenote: Offences how to be tried and punished.]
16. Be it enacted, that the said governor, or other authority aforesaid, shall examine, by duty of office, into the conduct of all such traders and factors, and shall receive and publicly hear (with the assistance of the council and inspectors aforesaid, and of the commodore, captain, or other principal commander of one of his Majesty's ships on the said station, or as many of the same as can be assembled, two whereof, with the governor, are hereby enabled to act) all complaints against them, or any of them; and if any black or white trader or factor, (other than in this act excepted,) either on inquisition of office or on complaint, shall be convicted by a majority of the said commissioners present of stealing or taking by surprise any person or persons whatsoever, whether free or the slaves of others, without the consent of their masters, or of wilfully and maliciously killing or maiming any person, or of any cruelty, (necessary restraint only excepted,) or of firing houses, or destroying goods, the said trader or factor shall be deemed to have forfeited his recognizance, and his surety to have forfeited his; and the said trader or factor, so convicted, shall be forever disabled from dealing in any of the said marts, unless the offence shall not be that of murder, maiming, arson, or stealing or surprising the person, and shall appear to the commissioners aforesaid to merit only, besides the penalty of his bond, a suspension for one year; and the said trader or factor, so convicted of murder, maiming, arson, stealing or surprising the person, shall, if a native, be delivered over to the prince to whom he belongs, to execute further justice on him. But it is hereby provided and enacted, that, if any European shall be convicted of any of the said offences, he shall be sent to Europe, together with the evidence against him; and on the warrant of the said commissioners, the keeper of any of his Majesty's jails in London, Bristol, Liverpool, or Glasgow shall receive him, until he be delivered according to due course of law, as if the said offences had been committed within the cities and towns aforesaid.
[Sidenote: Negroes exposed to sale contrary to the provisions of this act, how to be dealt with.]
17. Be it further enacted, that, if the said governor, &c, shall be satisfied that person or persons are exposed to sale, who have been stolen or surprised as aforesaid, or are not within the qualifications of sale in this act described, they are hereby authorized and required, if it can be done, to send the persons so exposed to sale to their original habitation or settlement, in the manner they shall deem best for their security, (the reasonable charges whereof shall be allowed to the said governor by the African Company,) unless the said persons choose to sell themselves; and then, and in that case, their value in money and goods, at their pleasure, shall be secured to them, and be applicable to their use,-without any dominion over the same of any purchaser, or of any master to whom they may in any colony or plantation be sold, and which shall always be in some of his master's [Majesty's?] colonies and plantations only. And the master of the ship in which such person shall embark shall give bond for the faithful execution of his part of the trust at the island where he shall break bulk.
18. Be it further enacted, that, besides the hospitals on shore, one or more hospital-ships shall be employed at each of the said chief marts, wherein slaves taken ill in the trading ships shall be accommodated, until they shall be cured; and then the owner may reclaim and shall receive them, paying the charges which shall be settled by regulation to be made by the authority in this act enabled to provide such regulations.
* * * * *
III. And whereas it is necessary that regulations be made to prevent abuses in the passage from Africa to the West Indies:
[Sidenote: Slave ships to be examined on the coast.]
1. Be it further enacted, that the commander or lieutenant of the king's ship on each station shall have authority, as often as he shall see occasion, attended with one other of his officers, and his surgeon or mate, to enter into and inspect every trading ship, in order to provide for the due execution of this act, and of any ordinances made in virtue thereof and conformable thereto by the authorities herein constituted and appointed; and the said officer and officers are hereby required to examine every trading ship before she sails, and to stop the sailing of the said ship for the breach of the said rules and ordinances, until the governor in council shall order and direct otherwise: and the master of] the said ship shall not presume, under the penalty of ——, to be recovered in the courts of the West Indies, to sail without a certificate from the commander aforesaid, and one of the inspectors in this act appointed, that the vessel is provided with stores and other accommodation sufficient for her voyage, and has not a greater number of slaves on board than by the provisions of this act is allowed.
[Sidenote: Governor to give special instructions.]
2. And be it enacted, that the governor and council, with the assistance of the said naval commander, shall have power to give such special written instructions for the health, discipline, and care of the said slaves, during their passage, as to them shall seem good,
[Sidenote: Presents and musical instruments to be provided.]
3. And be it further enacted, that each slave, at entering the said ship, is to receive some present, not exceeding in value ——, to be provided according to the instructions aforesaid; and musical instruments, according to the fashion of the country, are to be provided.
[Sidenote: Table of allowances.]
4. And be it further enacted, that the negroes on board the transports, and the seamen who navigate the same, are to receive their daily allowance according to the table hereunto annexed, together with a certain quantity of spirits to be mixed with their water. And it is enacted, that the table is to be fixed, and continue for one week after sailing, in some conspicuous part of the said ship, for the seamen's inspection of the same.
[Sidenote: Negro superintendents to be appointed.]
5. And be it enacted, that the captain of each trading vessel shall be enabled and is to divide the slaves in his ship into crews of not less than ten nor more than twenty persons each, and to appoint one negro man to have such authority severally over each crew, as according to his judgment, with the advice of the mate and surgeon, he and they shall see good to commit to them, and to allow to each of them some compensation, in extraordinary diet and presents, not exceeding [ten shillings].
[Sidenote: Communication with female slaves, how punished.]
6. And be it enacted, that any European officer or seaman, having unlawful communication with any woman slave, shall, if an officer, pay five pounds to the use of the said woman, on landing her from the said ship, to be stopped out of his wages, or if a seaman, forty shillings: the said penalties to be recovered on the testimony of the woman so abused, and one other.
[Sidenote: Premium to commanders of slave-ships.]
7. And be it enacted, that all and every commander of a vessel or vessels employed in slave trade, having received certificates from the port of the outfit, and from the proper officers in Africa and the West Indies, of their having conformed to the regulations of this act, and of their not having lost more than one in thirty of their slaves by death, shall be entitled to a bounty or premium of [ten pounds].
* * * * *
IV. And whereas the condition of persons in a state of slavery is such that they are utterly unable to take advantage of any remedy which the laws may provide for their protection and the amendment of their condition, and have not the proper means of pursuing any process for the same, but are and must be under guardianship: and whereas it is not fitting that they should be under the sole guardianship of their masters, or their attorneys and overseers, to whom their grievances, whenever they suffer any, must ordinarily be owing:
[Sidenote: Attorney-General to be protector of negroes.]
[Sidenote: To inquire and file information ex officio.]
1. Be it therefore enacted, that his Majesty's Attorney-General for the time being successively shall, by his office, exercise the trust and employment of protector of negroes within the island in which he is or shall be Attorney-General to his Majesty, his heirs and successors; and that the said Attorney-General, protector of negroes, is hereby authorized to hear any complaint on the part of any negro or negroes, and inquire into the same, or to institute an inquiry ex officio into any abuses, formations and to call before him and examine witnesses upon oath, relative to the subject-matter of the said official inquiry or complaint: and it is hereby enacted and declared, that the said Attorney-General, protector of negroes, is hereby authorized and empowered, at his discretion, to file an information ex officio for any offences committed against the provisions of this act, or for any misdemeanors or wrongs against the said negroes, or any of them.
[Sidenote: Power to challenge jurors.]
2. And it is further enacted, that in all trials of such informations the said protector of negroes may and is hereby authorized to challenge peremptorily a number not exceeding —— of the jury who shall be impanelled to try the charge in the said information contained.
[Sidenote: To appoint inspectors of districts.]
[Sidenote: who are to report to him twice in the year the number and condition of the slaves.]
3. And be it enacted, that the said Attorney-General, protector of negroes, shall appoint inspectors, not exceeding the number of ——, at his discretion; and the said inspectors shall be placed in convenient districts in each island severally, or shall twice in the year make a circuit in the same, according to the direction which they shall receive from the protector of negroes aforesaid; and the inspectors shall and they are hereby required, twice in the year, to report in writing to the protector aforesaid the state and condition of the negroes in their districts or on their circuit severally, the number, sex, age, and occupation of the said negroes on each plantation; and the overseer or chief manager on each plantation is hereby required to furnish an account thereof within [ten days] after the demand of the said inspectors, and to permit the inspector or inspectors aforesaid to examine into the same; and the said inspectors shall set forth, in the said report, the distempers to which the negroes are most liable in the several parts of the island.
[Sidenote: Instructions to be formed for inspectors.]
4. And be it enacted, that the said protector of negroes, by and with the consent the governor and chief judge of each island, shall form instructions, by which the said inspectors shall discharge their trust in the manner the least capable of exciting any unreasonable hopes in the said negroes, or of weakening the proper authority of the overseer, and shall transmit them to one of his Majesty's principal secretaries of state; and when sent back with his approbation, the same shall become the rule for the conduct of the said inspectors.
[Sidenote: Registry.]
5. And be it enacted, that the said Attorney-General, protector of negroes, shall appoint an office for registering all proceedings relative to the duty of his place as protector of negroes, and shall appoint his chief clerk to be registrar, with a salary not exceeding ——.
[Sidenote: Ports where negroes are to be landed. Vessels to be inspected.]
[Sidenote: Masters or officers offending to be fined.]
6. And be it enacted, that no negroes shall be landed for sale in any but the ports following: that is to say, ——. And the collector of each of the said ports severally shall, within —— days after the arrival of any ship transporting negroes, report the same to the protector of negroes, or to one of his inspectors; and the said protector is hereby authorized and required to examine, or cause to be examined by one of his inspectors, with the assistance of the said collector, or his deputy, and a surgeon to be called in on the occasion, the state of the said ship and negroes; and upon what shall appear to them, the said protector of negroes, and the said collector and surgeon, to be a sufficient proof, either as arising from their own inspection, or sufficient information on a summary process, of any contravention of this act, or cruelty to the negroes, or other malversation of the said captain, or any of his officers the said protector shall impose a fine on him or them, not exceeding ——; which shall not, however, weaken or invalidate any penalty growing from the bond of the said master or his owners. And it is hereby provided, that, if the said master, or any of his officers, shall find himself aggrieved by the said fine, he may within —— days appeal to the chief judge, if the court shall be sitting, or to the governor, who shall and are required to hear the said parties, and on hearing are to annul or confirm the same.
[Sidenote: Rates respecting the sale of negroes.]
7. And be it enacted, that no sale of negroes shall be made but in the presence of an inspector, and all negroes shall be sold severally, or in known and ascertained lots, and not otherwise; and a paper containing the state and description of each negro severally sold, and of each lot, shall be taken and registered in the office aforesaid; and if, on inspection or information, it shall be found that any negroes shall have, in the same ship, or any other at the same time examined, a wife, an husband, a brother, sister, or child, the person or persons so related shall not be sold separately at that or any future sale.
[Sidenote: Every island to be divided into districts.]
[Sidenote: A church to be built in each.]
8. And be it enacted, that each and every of his Majesty's islands and plantations, in which negroes are used in cultivation, shall be, by the governor and the protector of negroes for the time being, divided into districts, allowing as much as convenience will admit to the present division into parishes, and subdividing them, where necessary, into districts, according to the number of negroes. And the said governor and protector of negroes shall cause in each district a church to be built in a convenient place, and a cemetery annexed, and an house for the residence of a clergyman, with —— acres of land annexed; and they are hereby authorized to treat for the necessary ground with the proprietor, who is hereby obliged to sell and dispose of the same to the said use; and in case of dispute concerning the value, the same to be settled by a jury, as in like cases is accustomed.
[Sidenote: Appointment of a priest and clerk.]
9. And be it enacted, that in each of the said districts shall be established a presbyter of the Church of England as by law established, who shall appoint under him one clerk, who shall be a free negro, when such properly qualified can be found, (otherwise, a white man,) with a salary, in each case, of ——; and the said minister and clerk, both or one, shall instruct the said negroes in the Church Catechism, or such other as shall be provided by the authority in this act named; and the said minister shall baptize, as he shall think fit, all negroes not baptized, and not belonging to Dissenters from the Church of England.
[Sidenote: Owner to deliver a list of negroes to the minister, and to cause them to attend divine service.]
10. And the principal overseer of each plantation is hereby required to deliver annually unto the minister a list of all the negroes upon his plantation, distinguishing their sex and age, and shall, under a penalty of ——, cause all the negroes under his care, above the age of —— years, to attend divine service once on every Sunday, except in case of sickness, infirmity, or other necessary cause, to be given at the time, and shall, by himself or one of those who are under him, provide for the orderly behavior of the negroes under him, and cause them to return to his plantation, when divine service, or administration of sacraments, or catechism, is ended.
[Sidenote: Mister to direct punishment for disorderly conduct.]
11. And be it enacted, that the minister shall have power to punish any negro for disorderly conduct during divine service, by a punishment not exceeding [ten] blows to be given in one day and for one offence, which the overseer or his under agent or agents is hereby directed, according to the orders of the said minister, effectually to inflict, whenever the same shall be ordered.
[Sidenote: Spirituous liquors not to be sold.]
12. And be it enacted, that no spirituous liquors of any kind shall be sold, except in towns, within —— miles distance of any church, nor within any district during divine service, and an hour preceding and an hour following the same; and the minister of each parish shall and is hereby authorized to act as a justice of the peace in enforcing the said regulation.
[Sidenote: Register of births, burials, and marriages.]
13. And be it enacted, that every minister shall keep a register of births, burials, and marriages of all negroes and mulattoes in his district.
[Sidenote: Synod to assemble annually, and to form regulations,]
14. And be it enacted, that the ministers of the several districts shall meet annually, on the —— day of ——, in a synod of the island to which they belong; and the said synod shall have for its president such person as the Bishop of London shall appoint for his commissary; and the said synod or general assembly is hereby authorized, by a majority of voices, to make regulations, which regulations shall be transmitted by the said president or commissary to the Bishop of London; and when returned by the Bishop of London approved of, then, and not before, the said regulations shall be held in force to bind the said clergy, their assistants, clerks, and schoolmasters only, and no other persons.
[Sidenote: and to report to the Bishop of London.]
15. And be it enacted, that the said president shall collect matter in the said assembly, and shall make a report of the state of religion and morals in the several parishes from whence the synod is deputed, and shall transmit the same, once in the year, in duplicate, through the governor and protector of negroes, to the Bishop of London.
[Sidenote: Bishop of London to be patron of the cures.]
16. And be it enacted and declared, that the Bishop of London for the time being patron of the shall be patron to all and every the said cures in this act directed; and the said bishop is hereby required to provide for the due filling thereof, and is to receive, from the fund in this act provided for the due execution of this act, a sum not exceeding —— for each of the said ministers, for his outfit and passage.
[Sidenote: and to have power of suspending and removing ministers.]
17. And be it enacted, that, on misbehavior, and on complaint from the said synod, and on hearing the party accused in a plain and summary manner, it shall and may be lawful for the Bishop of London to suspend or to remove any minister from his cure, as his said offences shall appear to merit.
[Sidenote: Schools for young negroes.]
18. And be it enacted, that for every two districts a school shall be established for young negroes to be taught three days in the week, and to be detained from their owner four hours in each day, the number not to be more or fewer than twenty males in each district, who shall be chosen, and vacancies filled, by the minister of the district; and the said minister shall pay to the owner of the said boy, and shall be allowed the same in his accounts at the synod, to the age of twelve years old, three-pence by the day, and for every boy from twelve years old to fifteen, five-pence by the day.
[Sidenote: Extraordinary abilities to be encouraged.]
19. And it is enacted, that, if the president of the synod aforesaid shall certify to the protector of negroes, that any boys in the said schools (provided that the number in no one year shall exceed one in the island of Jamaica, and one in two years in the islands of Barbadoes, Antigua, and Grenada, and one in four years in any of the other islands) do show a remarkable aptitude for learning, the said protector is hereby authorized and directed to purchase the said boy at the best rate at which boys of that age and strength have been sold within the year; and the said negro so purchased shall be under the entire guardianship of the said protector of negroes, who shall send him to the Bishop of London for his further education in England, and may charge in his accounts for the expense of transporting him to England; and the Bishop of London shall provide for the education of such of the said negroes as he shall think proper subjects, until the age of twenty-four years, and shall order those who shall fall short of expectation after one year to be bound apprentice to some handicraft trade; and when his apprenticeship is finished, the Lord Mayor of London is hereby authorized and directed to receive the said negro from his master, and to transmit him to the island from which he came, in the West Indies, to be there as a free negro, subject, however, to the direction of the protector of negroes, relatively to his behavior and employment.
[Sidenote: Negroes of Dissenters.]
[Sidenote: their marriages, &c., to be registered.]
20. And it is hereby enacted and provided, that any planter, or owner of negroes, not being of the Church of England, and not choosing to send his negroes to attend divine service in manner by this act directed, shall give, jointly or severally, as the case shall require, security to the protector of negroes that a competent minister of some Christian church or congregation shall be provided for the due instruction of the negroes, and for their performing divine service according to the description of the religion of the master or masters, in some church or house thereto allotted, in the manner and with the regulations in this act prescribed with regard to the exercise of religion according to the Church of England: provided always, that the marriages of the said negroes belonging to Dissenters shall be celebrated only in the church of the said district, and that a register of the births shall be transmitted to the minister of the said district.
[Sidenote: Regulations concerning marriage.]
21. And whereas a state of matrimony, and the government of a family, is a principal means of forming men to a fitness for freedom, and to become good citizens: Be it enacted, that all negro men and women, above eighteen years of age for the man and sixteen for the woman, who have cohabited together for twelve months or upwards, or shall cohabit for the same time, and have a child or children, shall be deemed to all intents and purposes to be married, and either of the parties is authorized to require of the ministers of the district to be married in the face of the church.
[Sidenote: Concerning the same.]
22. And be it enacted, that, from and after the —— of ——, all negro men in an healthy condition, and so reported to be, in case the same is denied, by a surgeon and by an inspector of negroes, and being twenty-one years old, or upwards, until fifty, and not being before married, shall, on requisition of the inspectors, be provided by their masters or overseers with a woman not having children living, and not exceeding the age of the man, nor, in any case, exceeding the age of twenty-five years; and such persons shall be married publicly in the face of the church.
[Sidenote: Concerning the same.]
23. And be it enacted, that, if any negro shall refuse a competent marriage tendered to him, and shall not demand another specifically, such as it may be in his master's power to provide, the master or overseer shall be authorized to constrain him by an increase of work or a lessening of allowance.
[Sidenote: Adultery, &c., how to be punished.]
24. And be it enacted, that the minister in each district shall have, with the assent of the inspector, full power and authority to punish all acts of adultery, unlawful concubinage, and fornication, amongst negroes, on hearing and a summary process, by ordering a number of blows, not exceeding ——, for each offence; and if any white person shall be proved, on information in the supreme court, to be exhibited by the protector of negroes, to have committed adultery with any negro woman, or to have corrupted any negro woman under sixteen years of age he shall be fined in the sum of ——, and shall be forever disabled from serving the office of overseer of negroes, or being attorney to any plantation.
[Sidenote: Concerning marriage.]
25. And be it enacted, that no slaves shall be compelled to do any work for their masters for [three] days after their marriage.
[Sidenote: Concerning pregnant women.]
26. And be it enacted, that no woman shall be obliged to field-work, or any other laborious work, for one month before her delivery, or for six weeks afterwards.
[Sidenote: Separation of husband and wife, and children, to be avoided.]
27. And be it enacted, that no husband and wife shall be sold separately, if originally belonging to the same master; nor shall any children under sixteen be sold separately from their parents, or one parent, if one be living.
[Sidenote: Concerning the same.]
28. And be it enacted, that, if an husband and wife, which before their intermarriage belonged to different owners, shall be sold, they shall not be sold at such a distance as to prevent mutual help and cohabitation; and of this distance the minister shall judge, and his certificate of the inconvenient distance shall be valid, so as to make such sale unlawful, and to render the same null and void.
[Sidenote: Negroes not to work on Saturday afternoon or Sunday.]
29. And be it enacted, that no negro shall be compelled to work for his owner at field-work, or any service relative to a plantation, or to work at any handicraft trade, from eleven o'clock on Saturday forenoon until the usual working hour on Monday morning.
[Sidenote: Other cases of exemption from labor.]
30. And whereas habits of industry and sobriety, and the means of acquiring and preserving property, are proper and reasonable preparatives to freedom, and will secure against an abuse of the same: Be it enacted, that every negro man, who shall have served ten years, and is thirty years of age, and is married, and has had two children born of any marriage, shall obtain the whole of Saturday for himself and his wife, and for his own benefit, and after thirty-seven years of age, the whole of Friday for himself and his wife: provided that in both cases the minister of the district and the inspector of negroes shall certify that they know nothing against his peaceable, orderly, and industrious behavior.
[Sidenote: Huts and land to be appropriated.]
31. And be it enacted, that the master of every plantation shall provide the materials of a good and substantial hut for each married field negro; and if his plantation shall exceed —— acres, he shall allot to the same a portion of land not less than ——: and the said hut and land shall remain and stand annexed to the said negro, for his natural life, or during his bondage; but the same shall not be alienated without the consent of the owners.
[Sidenote: Property of negroes secured.]
32. And be it enacted, that it shall not be lawful for the owner of any negro, by himself or any other, to take from him any land, house, cattle, goods, or money, acquired by the said negro, whether by purchase, donation, or testament, whether the same has been derived from the owner of the said negro, or any other.
33. And be it enacted, that, if the said negro shall die possessed of any lands, goods, or chattels, and dies without leaving a wife or issue, it shall be lawful for the said negro to devise or bequeath the same by his last will; but in case the said negro shall die intestate, and leave a wife and children, the same shall be distributed amongst them, according to the usage under the statute, commonly called the Statute of Distributions; but if the said negro shall die intestate without wife or children, then, and in that case, his estate shall go to the fund provided for the better execution of this act.
34. And be it enacted, that no negro, who is married, and hath resided upon any plantation for twelve months, shall be sold, either privately or by the decree of any court, but along with the plantation on which he hath resided, unless he should himself request to be separated therefrom.
[Sidenote: Of the punishment of negroes.]
35. And be it enacted, that no blows or stripes exceeding thirteen, shall be inflicted for one offence upon any negro, without the order of one of his Majesty's justices of peace.
[Sidenote: Of the same.]
36. And it is enacted, that it shall be lawful for the protector of negroes, as often as on complaint and hearing he shall be of opinion that any negro hath been cruelly and inhumanly treated, or when it shall be made to appear to him that an overseer hath any particular malice, to order, at the desire of the suffering party, the said negro to be sold to another master.
37. And be it enacted, that, in all cases of injury to member or life, the offences against a negro shall be deemed and taken to all intents and purposes as if the same were perpetrated against any of his Majesty's subjects; and the protector of negroes, on complaint, or if he shall receive credible information thereof, shall cause an indictment to be presented for the same; and in case of suspicion of any murder of a negro, an inquest by the coroner, or officer acting as such, shall, if practicable, be held into the same.
[Sidenote: Of the manumission of negroes.]
38. And in order to a gradual manumission of slaves, as they shall seem fitted to fill the offices of freemen, be it enacted, that every negro slave, being thirty years of ago and upwards, and who has had three children born to him in lawful matrimony, and who hath received a certificate from the minister of his district, or any other Christian teacher, of his regularity in the duties of religion, and of his orderly and good behavior, may purchase, at rates to be fixed by two justices of peace, the freedom of himself, or his wife or children, or of any of them separately, valuing the wife and children, if purchased into liberty by the father of the family, at half only of their marketable values: provided that the said father shall bind himself in a penalty of —— for the good behavior of his children.
[Sidenote: Of the same.]
39. And be it enacted, that it shall be lawful for the protector of negroes to purchase the freedom of any negro who shall appear to him to excel in any mechanical art, or other knowledge or practice deemed liberal, and the value shall be settled by a jury.
[Sidenote: Free negroes how to be punished.]
40. And be it enacted, that the protector of negroes shall be and is authorized and required to act as a magistrate for the coercion of all idle, disobedient, or disorderly free negroes, and he shall by office prosecute them for the offences of idleness, drunkenness, quarrelling, gaming, or vagrancy, in the supreme court, or cause them to be prosecuted before one justice of peace, as the case may require. |
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