The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-20 00:00:00

sale of s!avex under legal proccsa, in satia,

LORD BATHURST'S CIRCULAR TO Mr
COLONIES.

Colonial Office, Downing-street, July 9,114
In my despatch of the
that it was my intention to cot»municate to you, by the fun
Packet in the present month, further instruction, respect.
mg those improvements in the Slave Code of the Culoo,
under your Government, which, in conformity with IL;
recent Resolutions of the House of ('onnnotis, it ;sthi
earnest desire of his Alaj( sty's Government to carry ic;ii
tin et.

The suggestions which I am about to make are nixt,
be understood as affording a full developement of shit la
:overnment have in contemplation on this le,
portant subject. It is my purpose rather to point out siv4
changes in the law as may he conveniently adopted at prt.
sent, and which will, it is hoped, lay the foundation fcta
further and more effectual refOrmetion. lam thcrefue
direct you to lay before the Colonial Legislature of
the following remarks and propositions; and you will tp
fail to press upon that body the importance of ditecit,
their immediate and most s: rious attention to them.

It would be superfluous to insist upon the
necessity of religious instruction, as the foundation cif ern,
beneficial change in the character and future condition
the Slaves. So dteply, indeed, is his Majesty's Gc
inent impress al with tif.a truth, and with the

of mainiaining an ath quate numbrr of Clergymen
Teachers througlymt the Al'est underEpir-
trol, that if it shall appear that the revenues of thi
arc insufficient lOr this purpose, they will not helii

apply to Parliament for such pecuniary grants r ma,
necessary for supplying the deficiency ; nor can
doubt that the anxiety which has been manifested 'el
Legislature, and by the public at large, for the welly
the Slave population, will induce Parliament cheerful
contribute such funds ar may be required for cffectingib
important objcct. But this disposition must he meta
the part of the Assembly by a ltgislative proviaiot
abolition of markets on the Sunday, and the subs:'l,
of some other time for that purpose, so that the S.abtaj
may be appropriated to the purpos.a of rest from labor,
and of moral and religious instruction. Unless the tits
withdrawn from the market were employed in the It
becoming occupations of the day, it would, too p alai
be passed by the slaves without benefit to themseh
perhaps widt material detriment, if not danger, t.
community. The linmediate abolition of Sunday war
is not insisted upon until, the means of religious

shall have bee; provided. But his Majesty's Govt,
will not recommend to Parliament the grant of any
litany assistance towards the expense of a r:ligioe
blishment. in any case in which the abolition of G.
markets, and the substitution of some ether day for
purpcse, shall not have been prospectively secured.
Religious instruction is also a necessary prelimina,
another important improvement in the condition of t
slaves, the admission of their evidence in Courts ofJutri
The permanent exclusion of the testimony of slaves
esscntially interfere with the provisions adopted for
protection. On the other hand, to declare that all
shall be qualified to give evidence, would be a chanr
the system of administering justice in the Colonies,
momentous to he intrethiced suddenly; it can only
sequent upon the nuns' and religions improvement
slave population. It is highly expedient, therefor:,
in furtherance of the res@nuons unanimously adopt.
the Ilouse of Commons, a law should be passed dee
that the evidence cf a slave shall be received in all

perhaps, certain cases. if upon his appearing in Coe
give test:mony he shall produce, under the hand eit!
some of the parochial clergymen, or et' the rull
Teacher, authorised by the Master or Overseer, to
him, a certificate, stating that the proposed witntss
been so far instructed in the principles of religion as.
the judgment of the party certifying, adequately to or
stand the obligation of an oath. The casts to be.
sidered must be those in which the master of dr
slaves is directly concerned, and such as iresl
affect the life of a white person. For the better preset*
the fabrication of certificate-a, it may he necessary to Ital
parochial registers of the persons whose competency
give evidence shall, from time to time, have been eyrnief
by the proper authority ; and the being enrolled in swill
list may be made an object or laudable ambition, and s s.
mitts to attention and good conduct. Perhaps scams
tificate should not of itself be an absolute qualification
be received as a witness, but it mit.tht be regiiirle4as rii
ing such a pis sumptien of competency, that the Arty prs
during it should be taken and adjudp cl to be compost;
unless he should be proved to labour nitiler some such ;Ls
ability as would, according to the law and usage of E
lid) Courts of Justice, disqualify a free pc rson.
Riigious instruction is not less m ressarily the f
tion of that relatisn, the want of which, in the sy:
colonial slavery, excites a deep and general cottris2n
in this country--that of marriage. Where the ctalj
and parental tights of the father of a family cannot
maintained, it would be vain to expect front this insti
tiun that infinite variety of salutary consequ-nets
naturally belong to it in civilized society. The
want of religious teachers in the colonies presents an.
difficulty, for, without their instrumentality, it s.
scarcely be possible to impress the mind of a slave
due sense of the sacred obligations of matrimony, or ere
to celebrate the mere ceremonial of marriage with any ir
per and impressive solemnity.
Advantage cannot be too soon or too anxiously tarn'
the opportunity of establishing this salutary institution;
doing so, care must be taken to encourage, as far as ,
ble, marriages between slaves attached to the same ester
since the insecurity orconiugal and parental rights is use
firstly increased by distant connections, which inor
tend to withdraw the interest and attachment of the.
from the plantation to which be belongs. As part of
system, provision ought to be trade by law for exen,
tit), n future labour in the tiehl the mother of a 01%111
her of children horn in lawft.l wedlock. Until the
gious establishment shall he completed, the solenati
of marriages by persons who are nos in holy :Tilers .
be permitted, and any minister of religion not encscd.
any secular calling, might be employtd in cases wh.rc
attendance of a clergyman of the Church of Foch:A c:
not be procured. Care, however, should Le tahm tint,
marriages should ultimately be registered at the
church, and none celebrated willwut the ccns:nt ct t:
inas!cr riven in writing, but in the event of ice cats
feeling it necssary toobjt et to the tnarriaye, he sbectl
call ir upon to to umnit;cate the calls • of his riAtor
to the clergyman of the parish to which the prlti

The next subject to which I must araw your altr;;:.
i the nroluinission of slaves, every etro c, ssITY
to which lutist he removed. Although it ripiwerf
recent returns that taxi s base, in 1144,445; t very c0.e;:,..
iinposTil 0,4 loaetimisslens, I pm grat4l4 d to kin II:
the y have in prsetii.e lie general'', diei•nntintod, •
fictilty Can therefore be in
cirri Inv of the le.zi,:attnc in the final 4.41,:•
all such ellarg-4 s, ;:nd in Ibis !include all official fris
!nay have Lin e•Aleet4 41 either Ly usa:-• or under !,r'
el4setinent. The first to Ina totni:ssloti eri,,s;,.
the apprebcnsz.on of this 14c41if,, r•-s.-4rt, tl to the er
the te,441,05e of relieving himself treat the burden 4, I! •
infirm or co:tl slaves. I couaiec it weul,l
cessary to rtquire the appear.ince of tile person to hen
at the otsrr c.ther of the co'.4inial Se, rear!
Treasurer, whose duty it shi till he, helete rcc,!ryrirg:
of nnitittwi-s•iiutt, to satisfy hitits,lf that the
;tot kss than s;s, nor in re than CO.

In: did not lithour
its'. lu casTs of sta,..,:klow six or

er labonv nig mulct siel:•!..ss or infd
on)v) the S •ere:arc er Tn-lsitr.r. sh
recording t!..e t tak,
to the with a eond;t:on 01:It
be enforced, ttn'.,•ss tli.• tnammdti
ten years in the c.r e of the chid!,

of tile 11.10. 11(1,0111.• it!Citra!)le 01
E TOIIII 01)•;2,1t. in.

frem n presumed 1tT.,,a1
s!tve not being eart',l... of mak.

ally evi:!7act lor,or iwcottw the p

0,0111 ; vow, as IL: is p'.ainly a di

.1:1.1 mit of sitbAtanci., a runit'
T. lily (1.% is ‘a. th, cot
t,, cor.f•acts ropecting

acknowledgLll by a dcciaratot y ai
•

sided that all such contracts shou

of the king, in whose name sho

to enforce the performance of it:
tee s-rious obstacle to manumission,
t limitations under which slaves are f
for t \ample, a slave and his issue
the satj.ct of entails, cr of family
held under two or more successive n
manumission cannot be eft-env' wit
of a n, ries of reversioners, remainder
or mortgagors, some of whom may be
, who may not even he in existence dur'
eve. A ddfieulty analogous to this
'doubtful or disputable titles, and from
of a slave being regarded as assets for
debts or a deceased owner ; since in nil
it is inyossihie for the individual preps
!. such shave, to know in whom the legal
is vested. The p lidency of a suit or at
the question of the title of the two litig.
imposes on the latter the necessity of
.aination or the controversy, before he can
either the prier of his freedom.
To remove the pr Tedit..; obstacles to
will there'ore propose to the Ltsgislature
- to pass a lay to the following effect.
loners should he appointed, who (on
made by. or on the behalf of any slave
is consent) shoal(' asc rtain the names
of evt ry perscn having any interest, or
in him, tither as tenant for years or ft
• remainder-man, mortgagee, snort
receiver, or creditor of any ileces_
nrs, all these persons should he sin
notice if possible ; and if not, then '
eat, to att. nd at the time and place
nt of the slave. The appraisement
at the time and place to be thus appal
we of at least one Commissioner, and by
Appraiser ; and the Commissioners shot
j, on application made within one moat
parties int:rested, to direct a new app'
there should s van reason to dispute the
iluation. The second appraisement
.re appraised value should then be p
Tr, asttry. The Treasurer shout.
in goad security ; anti every right whi
. in the slave, should thenceforward e
nit on the fund to be thus purchased
I price of his freedom.
_ last topic relating to manumission, to wl
necessary at present to advert, is the loss of
iumission. It will be expAlient that pro,
made for the registration of all minim-
t to secure punctuality in this respect, a si‘
iumission should be prescribed by legit&
and that the appearance of the party be,
or rue of his d.-puties, should 5e an
every act of manumission.
I have next to advert to the subject of the
'Au/faction of the debts of 'kir owners.
range of projected improvements in
1, there is. perhaps, none which, on
-stion, will be found to present more

this.
far as the rules of Colonial law, respei
wee, arc to be collected from the dam'
they may. I conceive, be stated, wit;
inaccuracy, as follows:
It appears to be a general maxim in
Icnc, that the whole property of the e
or personal, and all his interest in
'legal or equitable, may be taken in e:
in satisfitation of any judgment against hi
collect, that in the order of sa!:, the e..:ecu,
the Courts (the Sheriff or Provost Mari.hal)
adze aril sell such property in the follow.;
tt is—lie i 3 first to take Ile severed crops,
-able caodr, then the debts due to the defer
lantation utensils, then his slaves, and
; resorting to the two latter descriptions
~ in casr t.f. a deficiency in the former. It ,
in every one of the Colonies, a judgment has
a mortgage upon all the immoveable property,
the interests in such property, which were vt.
-, when judgment was entered against him.

of payment, take precedence of a later is.
lutignient, having so much greater effect in
than in England, the number entered in
.es bears a most unusual proportion to the
free inhabitants, and to the extent of their
is. Another result has been, that

usually takoi judgmtnts ay a collatf ral

at:vane:it they hive There is, therefi
y of persons holding charges on the slaves
Colonies, which they have acquired upon t
• passed by the Assemblies, and subsequently
•. Crown. Now, if a law were intro e dud

of the proptieter, were prohibited sits
thout que ' itiestion the rights thus acquired
assembly would be subverted, and I sin not 1
a measure trenching so largely on t,
serty. Supposing that the rail,
31y, and that it therefore should aff
As which might subsequintly be cow:
Provcst Marshal might put up the utensil
itself to sale : and it is obviously

ivate

question„vilictiter the slaves ate sohl

or the land without the slaves. Suppesir,
both the land, the slaves. and the utensils, w
in from legal process, if the proprietor still
power of voluntary sale, the practical rt stilt
that men would then relieve their nceessii le
their slaver, as they could find purchasers,
ing money on the credit of them as at p
4 then, to follow, that the absolute proltifii
of eavcs in satisfaction of the debts of the
Id not have the effect of preventing the force
of the slave from his home, wdcst the right
Hit IV(SC also taken away. But a prohil
ive is a more considerable innovation of
. am prepared to recommend.
It is satisfactory, however, to remark that altl
of the law allows the saleof slay( s to ii;ly
e° eorw,
owner has
t practice,
hesuchsin; p
esault.f.s
theca
e the lapel
ich, from the practice of strict entails, in

, is, in many- of the Colonies, unusual)
not contracted any mortgage debt, wh:cit ( I
in most of them, st".ll more uncommon. Tll,
slaves bring almost universally settled, er
one omsolidated property, the rights of the re
remainder-man in the one case, and of the m
other, necessarily prevent the LI% dit w from s
apart from the land. I am therefore "
that the great majority of slaves who are
for the payment of their toaster's debts, wlll
old English writ of " ren4 tl,.,ii Imnizs" in
under the general executions directed by tin' t'
the smaller islands, are sold with the laid,
other alteration front tit? transaction than
of masters. The slaves who are sold se p
are, in all probability (Mr the returns Give
information on this poinl for the grci r
are not habitually worked upon the plantit
in general the domestic servants of their
eyed by the lower classes of free men in sari()
strong for the profit of their
astauced arc not, perhaps, manrially
ulsory sale, since their emplo3ments arc not
create strong local attachments.
Still, to whatever degree the removal of sL
r homes to satisfy the debts of their owners
it is obviously fit that it should,
posiiibk.
and that precaution should be men ae,

frequent occu'rrenee of such rchioralA lit

ther'efore, with reference to the preceding rt.
'vow to call the attention of the Legislattv
of to the htllow:le; amtm
t:rma this subject. Without tat inging
of any judgment credlitors who may at
unsatisfied judgments, provision might I):
Preventing the keeping of such jwtlgmett
tin, debts for which they may have been t
l hue been really satisfied. A time stogyfixed beyond which no existing jildrrit. tit
`le of being en creed. With rt :et
which may be hereitftr obtaintd,
10 issue on them ni;glit perhaps ht
and effect,
toarseqm igu tbe t rat
the

iliiCeiocatUf
teLincA:totoirnuytlonTetunaiontro,iii,:grisedypirttlibe7.2::
• tech snore s-ri
legal limitat
tningatreet. July 9, lin bus, for 1 cats
, , e the sat j,
lave Code of the Cub*, ' .ce °f.
a B‘.
in conformity with IL; ~ ... ,or new;
• ors, who may
• e slave. Adt
eracinplation on this et,. A . ill: iin
i"
rather to point out siv4 pate ---h S."'
eniently adopted at pa, we is vestel.
it'l:iaetitiblyTt't:eorneLentnlirS:tn"gi;Peeinctlgioalifeili:litalrelCottlil'innialtyttri:ohelotol:ucfoticsiarrn:nrwerrei.efiihil:llafteliiirlitla;l
.. . '.
5.' ttineth.nce.—isttv:llbehhe.iiiseld:ilifeli:linalqbdatellttolueitillairseihtsd7n,l'rti:ouen,ilptiiiiiniellifitlill
importance of te vtt„ • To remove all
t upon the indispentje to pass
;the foundation of ern, misirioners I
• and future condition big made by.
a his :Majesty's Germ • aster's consent
1, • • e of ev. ry 1
saberilaren,vdeunon:luffCnoLgretarChrinaoktileftfitprgesthiesibescopaitYmevrnennulmaceisfeLey:46,*
~,.
..-7::::ainceatnintneltinlohoitrierltii'atli:i.,.teitiliiiittil:
, tutor, receive
they will not hesitates • eir swum, all
•laubtitgvnierir
ciency ; nor can the, .r nement, to a
Parliament ebeerfullve
rquired for effeetineet ' -
r' Appraiser
• metie must he Neel %
ty, on am.
islative proviaiot hr tbi . ' . parties int:l
Uauycre:sioasononf:lrttesibll.aietitilfttlitr•sshoembstS:'‘6ebtillt; - - l;.l7llitille:levhalaelh:l-1:11141.:11:si:l'
• ,nt in goal
employed in the tea
, it would, too r obAtTl • ted in the
(refit to themselves, nett , :Int
t, if not danger, to tk i .1..,. The.bljeetruiteltel„!:l?:
lition of Sunday mark '
neeetwary at I
is of religious instructive
anumission.
is Majesty's Gcretnerate • made for tl
t the grant of any perei.
• . it to sreti re pc
erase of a religious en' v •
anumissum a.,
the abolition of Senn
ty, and that tl
some ether day for Mi.
' r, or rue at
pectively secured.
every act of r
necessary preliminary ti I have next to
in the condition of tk satisfaction of
trice in Courts ofJusna
bole range of
est;mony of slaves mat
rem, there is
ovisions adopted forties • ,aeration, w
to declare that all 'lass
e this.
e, would he a chant t As far as the I
ice in the Colocies. u slaves, arc to
enly ; it can only be oz.
.... , they may
dor s improvement of it
pedient, therefore, the
unaninumsly adopedkiln t— inaccuracyl t app,
, risprudence, ti
liould be passed &elute real or prs•
be received in all tic* bother legal or
its appearing in Coen I • • in satisfacti,
under the hand tithed •er collect, that
7r ,or oor)veersteetyl,ietoritnli[imos ;
the proposed witness 131 f. tethiezeCoaurrlsseol
hat is—lie i 3 Ii
aciplee of religion as. a' .veabie caor,
li.
, Is,
.p;larim.sotartitoiiilii,
illy. in eras .• a
.an:illesuc,:a:hsassastrot o
botiscd,tl.e.,. .
sag,e
h adequately
t: i
at in every one
For the better preemie J a mortgage up
nay he necessary to ks' . I the interests i
time, have been
evrim
.: !As,:
.I)Ltasort,lyw—heint ji,xud
lausbijecitwit.."l:Pncenehrnilitclailiptsent'irelianantitencstidifilo:;s i : iesA. itijtuhocraigninPaiYenmntEe'unil:
absolute qua)ifitatia a Min bean a II:
iglu be regilifide as re . free inhabits
lence• fl!at the pp rtYP! • 'actions. A
jude..l to be cempeta; • Ave usually tak
our tinder some such a* he advances the,
4.• law and usage of Erg • • y of persons l
n . free pt on. he Colonies, wl
e• eessarily the fends ws passed by tl
which, in the systems • the Crown.
d geet•ral conlivis.reia sale of eaves
Ce arts of the pr
of. alVfivit‘nr;eilythe c
nrlcigrj!4sl ' ithout qualities
• assembly wool
• inmend a arse
ttialPreYsceteenfie.rititys'neq: utTl'iliiis7r sinsPw:ll2i7 riva t e property.
colonies presents anode! • • • etive only,
instrumentality, ifs+. • ose debts whicl
mind of a slave r-,!4' • c Provcst Mari
sof matrimony, or ere: ',; . net itself to sa
f marriage with auy pe y esent question.
nd, or the lane
r too aneiously taken' I •at both 'befall,
's salutary insututioni!. '! awn from lega
courage. as far as Pe* ' is power of vol
(bed to the same ease, •• is, that men w
I parental rights is me .g their slaves,
vtiors, which morn • . wing money
I attachment of died" ns then, to fo
elnngs. As part of t'..) cof waves in I
tie by law for esen•pt•L ould not have t
• mother of a given no • • of the slave 1
wedlack. Until tle me ry sale were ii
!Lied, the solemnizes-I tensive is a r
not in holy :Mee, trO ..'• ,ni am rein?
'religion not encore!
It is satisfactor
toyed in easel, whet :-. eory of the law
Church of Fnekr.lee i
the owner, yet,
should Le tat-eu they
ere the owner
redstered at the r!,.1..- hich, from th
t bout the ecn s: nt et ~
its, is, in m,
lie event of t're rib:. .
• , not contracts
: inarriaye, he &it'd •
in most of the
• calls - of his re,ior slaves being 1
te :deli the r3ttlti tt
one et,nsolidatt
. rein:tinder-mai
Octt ,'.raw your a:ter.. „iir• ,
other, IleCtlaul
;cry riri, e. ssiTY el 'l, ves apart Cron
irugh it sere-err fr,'7' 's' fer that the gre
tiniest. very co:c;:,. INe
le for the payni,
erat4;.d to hies 11: old English v
!I;. (lie eont..am , 4: : e-•• • under the gene
,I it: ol,tair:::e t!tr.-f f the smaller lab
yi::.::at.liiit.'i- alai ti :l
Ini:::°l7.e:fisr: ocuf itiritanilael ttir..;.:l::;:'::' •
't,lcreootetipeeatigautifersoreorolltotylattndirilaontsaatehitisiriliigliatla.;l,llitiici:
~-t. ,i te lee the re •er
:1)111 rbe burden of in general the
conceits
of tile person to hew" upetione for t
lie tee'rniial Se, rear! . Ciunstauceil aro
he, before ree!st• tire:
inself that the ale. 1."
years of Ai--, :v - r
.. SLill, to white'
‘ammt .4 Clint!' or 14.1
homes to s
,r above fifty vent, rt i;
, it is obvious!
:nititv (hut it, them me.
frequent occ
~ therefore, wi
you to call
y
hfir upon al,
Ins of a . -
.ny• Jo
unsatisfied
Preventing ti
t
the debts fo
it.ot4ilai'liiit);l•ll,lticsiliiirnii!lolieu'sliej'eit..irrel,lll,:igal',TeeL:lis.:.:(lt,s‘:iiii:.t.iissitirillil:ll'l,c.t:'t;''''s.l.llr2,,ntit.:ll‘,s,l",i,l.:tiri...,,,,,,..'.. .
riser of, Lis own r;
fix ate been
itfieMtv of form men:.
beyond
sly may. of coutbc.,
capable ee ,i,„ ..,
enpettacy of el': ' .
act ; or it in ~ • ,
1,1!.01.il3
abl•lfrr.2mal.l;n
it
ell el •lisiniltlit':!l::.
t'srt
.1:. ' ~°ll4.7w—lnciagny,ll:l
tlohlweeirihessrek
etic,..he,,
A • .

it: A
iswion,
s are freq
issue ma
slily set
ive in,
d witho.
mainder-
may be i
ce during
his ari -
id from t
is for t
e iu eith
.1 prepare
ie legal
it or aeti
ro litigan
;shy of
c he can
es to m
slature o
effect:
who (on
iny slave
mines al
rest, or p
rs or for
mortgagi
ilecL•aved
he sum
, then by
plac‘c
ement
s appoin
and by
ers thou
e month
w appra
ze the j
sis:cment
'u be pal
should
gilt whic
"ward ex
'chased i
in, to wli
e loss of
hat provi
manurni.
ct, a aim
legislati
arty befo
tie an e •
if the sale
wners.
its in th
It, on a
A more
respecti
docitine
, withou
xim in o
of the tie
:at in re
n in exec
:sinst him
le cuecut
Mari.bul)
c followi
crops.
the &fent
CS, and
iptions o
ler. It a
menu has
property,
were yes
inst him.
talent wi
ater mor
" effect in
itered in
to the n
of their
1, that
lit, ral se
s, there.°
slaves tl
d upon tl
sequently
trtwlueetl
satis!act
.td abseil
sequired
am not p.
rly on the
• probibi
hould aff
be contra.
: utensils
c sohl
tonsils, w
ietor still
cal r,sult
necessi I le
'chasers, i
as at pre
prohihiti
; of the p
the force,
the right
a probild
Nation oil
that alt,
es to inly.
can only t
the Land a
'tails, in
unusual),
Al (l at
to. The.
ur
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