The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-27 00:00:00

WFS7'-I? L

A SLA

!VERY.

Recent arrivals from Demerara have brought intelli-
gence of the utmost importance to our West India inte-
rests. The project of allowing the Negro to free himself
in opposition to the will of his master, and generally termed
the Compulsory Manumission Clause, has been thrown out
by the Court of Policy, notaitlia.antling the utmost anxiety
shown by the Government to have it adopted. All the
other enactments contained in the Order in uouncil for
the regulation of Trinidad had previously been adopted in
Demerara ; and so strong war the desire evinced generally
by the Members of the Court of Policy in the latter Co-
lony to promote measures conducive to the amelioration of
the condition of their Slaves, as to obtain from Ba-
thurst, in the last Session of Parliament, the declaration
that " they had done themselves much honour," and that
they had '1 his 'Majesty's approbation for their zeal and
assiduity manifested in giving eff..ct to his Royal inten-
tions, and the wishoref •Parlientem in favour of the Slave
population."
The Compulsory Manumission Clause now rejected re-
lates not to the amelioration of their condition, but to the
Fmancipstion of the Slaves. It is a measure, opposed not
only by all the Legislatures in the Vest Indies, but by
, the whole West-hilts party ia this country; and the
British Government, having 'tendirtiken it entirely on its
own responsibility, has ripared no effort to get it recognised
in Demerara, that a weedy:At:Mg* he formed to influence
all the Islands having Legtslsilve Assemblies.
We cannot better point out the immense difficubies which
every where In set this question, than by giving sufficient
extracts from the two pzincipal speeches made in the Court
of Demerara fur and %lit* the•clause.
Mr. President Wray, utile trigin of Government, intro-
duced the subject. Ilia mole argument seems to rest on
the threat held out by Lori Bathurst, that he will send
out an Order of Council peremptorily to enfore the measure,
should the Court refuse to adopt it of their own accord.
One passage is too remarkable to pass unnoticed—that the
members of the Court " would best discharge their duty,
even when acting against !heir own opinions, by adopting
the measure."
if these be the private sentiments of Mr. President
Wray, we may abstain from further comment ; but if it
be part of official instructions transmitted him front this
country, we are constrained to declare that it is not more
arbitrary than it seems disgraceful to the source from
whence it emanates. It is sheer mockery to talk of causing
benefits to the slaves to flow -from the local authorities, if '
such language as this be bell. What is his first act, on a
member's admission to the Court of Policy? It is,
solemnly to swear to consult the interests of the colony,
and to protect them in the discharge of his legislative
functions. And does the President of the Court of Jus-
tice, whose duty it pre-eminently is to bold in reverence
this sacred obligation, thus advise a body of honourable
men ? " Gentlemen, violate your oath, to satisfy the
Government at home, and to remove all responsibility from
the Colonial Department."
Mr. Van Berckcl, who replied, feels as an indept ndent
Man might be supposed to feel on hearing such counsel.
Ills speech savours little of the hot-headed West Indian,
btu appears to be a well-digested and powerful refutation
of the arguments used in favour of a law permitting the
slave, in opposition to his master's will, to purchase his
own freedom. Ile makes use of three leading argu-
ments. _ _

First, he points out, that under the institutions agreeably
to which our colonies have been settled, the allowing the
slave to elf et his own emancipation must interfere with the
mortgagee, and be a direct infringement of the rights of
private property.
Secomily, he endeavours to allow the principle of ap.
praisement and compensation contained in Lord Bathurst 's
dispatch to be vague, indefinite,- and utterly impracticable
in execution.
AstEl, lastly, lie uses an argument which must command
particular attention in this country. He maintains that,
the moment you acquaint the slate that he can procure his
freedom against his roaaters will, you encourage him to
' feign sickness and disease, to abase his moral character,
avid practise every act that can reduce his value. We have
here undoubtedly a consideration demanding the closest
attention from every friend of humanity. We believe the
object of the noion is to' the actual condition of
the Blacks, and not idle and -eitilditis y to extinguish
slavery merely because of itirepuisive name. Set the slave
in direct opposition to his master, and it is difficult to see
how his real condition can be improved; on the contrary,
it appears to us that you stimulate him to every immoral
expedient to become a bad man, that he may succeed in
escaping from his master on the lowest possible terms.
flow many instances were there, during the last war, of
men deliberately mutilating their bodies to be exempt from
service? Is there any reason why such should not be the
case in the West Indies, with an incentive so much
stronger, though there is certainly the easier expedient at
hand of drunkenness, theft, and other vices, to accomplish
the same object.
The Colonial Department must feel itself compelled to
answer this objection. Some of our contemporaries occa-
sionally exclaim against the Colonies, that they do not
make sufficient concessions. We confess the charge applies
not here. Concessions may and ought to be made in all
that relates to melioration • but in measures relating to
n Emacipation, can any be expected? The comrulsory
clause does not give rise to a question whether a West-In-
dian proprietor shall have 10 per cent. or 12 per cent. of
profit on his capital invested, but whether he will consent
to open a door which must leave profit and capital to escape
altogether. Q.

COURT OF POLICY, DEMERARA.
PRESIDENT WRAY'S SPEECH.

The President stated, that be had given much attention to the
last despatch of Lord Bathurst, and had also reconsidered the pro-
ceedings of the Court of Policy, from the commencement of the
discussion on this important question, up to the present period.
Ile had found throughout the greatest readiness on the part of the
Court to comply with the wishes of his Majesty's Government,
and on the part of Government a manifest disposition to prefer the
adoption of its suggestions by the Court of Policy, to the mode of
issuing an order in Council, as had been done in Trioidtul. The
Court of Policy had also conceived, and justly so, that any law
would have a better tied on the slave population if it were enacted
by the Local Government, than if sent from rngland.
It was clear, that if the clause of manumission, now proposed,
were not passed here, it certainly would be passed, and that im-
mediately, at home.
If the Court still contianed M consider the manumission douse
as one whicX would le iigmettant to (he int of the Colonists, he
nevertheless thought it moat pru4eut to nehnit it, with such checks
And modifications as the Court's etperience would suggest ; and the
Colonial Members would lit last discharging their duty to thei►
cunstilmenfs, EVEN WREN ACTING AGAINST THEIR own
opinions, by adopting its principles; but qualifying as far as
possible those points whirl► they conceived dangerous to their
preperty.
This Court had, it wee true, twice rejected it ; but the present
question wan, whether the proposal now made was so much the
mum as the former, that the Court could not adopt i,. without gross
inconsistency ? The President himself thought the proposition very
materially changed. Two principles were now rally admitted, the
extent of which might hitherto have been thought doubtful, and
which had 3 tenancy to obviate many of the former objections of
the Court. The moat material difficulty had always been, that the
removal of an active intelligent negro from an estate injures it to
a greater degree than can be compensated by the value of the indi-
vidual slave. The Trinidad code provided no remedy for this;
and it was the clause of that code, which the Court had not thought
it tight to adopt. If the evil anticipated could be avoided, or its
danger mitigated, it would be consistent with the former conduct of
the Court, safe, and certainly (in the President's opinion) prudent,
to adopt the measure.
The principle of valuation now proposed was, not merely to put
3 value on the slave to Ise manumitted, but, taking the fullest and
most comprehensive viva of the elects csw,ed by the manumission,
to make compensation to the owner for any deterioration of his pro-
perty caused thereby ; or, In Karl Bathurst's words, " to make a
fair estimate of the loss which the owner may sustain by the act
of manumission." This was, in effect, not to value the slave, bait
the owner's loss, and this to be ascertained by such tribunal as the
Court might think desirable.
The second admit etc principle was equally important, sod opquty

..1,

expressed in Lord Bathurst's former despatch of the 9th July,
1826, that manumission should be " the result and reward of
habitnil industry ;" and in the present despatch, that " it should
confer on the slave a right to purchase his freedom by the fruits of
his honest earnings." To keep this principle in operation the Pre-
sident would propose, that an meestigation, as to the manner in
which the slave's property was acquired, should be gone into before
the same tribunal which he had before mentioned. The slave's
fairest claim to manumission would rest In reasonable proof or
presumption, from general habits and conduct, that the money pro-
duced by bun was the savings of his honest labour ; but the pos-
session of sufficient proinaty obtained by inheritance, accompanied
by proof of habitual industry and gond conduct, should also entitle
him to the same indulgence. The President thought that the ex-
istence of his good habits and conduct should be shown before the
same tribunal that inquired into the manner the property was ob.
twined, and which estimated the master's loss. It. a population of
more than 70,e00 slaves, the Protector could not be supposed to be
acquainted with individual dilution; and indeed it was highly
probable, that the quiet, well-disposed, most deserving slave, would
be the least likely ever to have been brought under his notice.
The President proposed to exclude from this compulsory clause
all money lent. given, or raised by public subscription, anti he thought
that would not be avers: to the two leading principles of Lotd
Bathurst's despatches; indeed, with regard to subscription, his
Lordship says, "eneattures c.tuld easily be taken to defeat such a
plan, if indeed provisions might net be introduced in the law itself
to prevent it." One very obvious and important maul: must be ob-
tained, that of bringing any future al erations which the Govern.
ment might consider advisable to the consideration_ of she court
of Policy before they were adopted, giving the local government an
npportuni.y of modifying, and in some instances (as had already
occurred) of showing his Majesty's Government that the proposi-
tibne made were inexpedient. On the contrary, if the additional
clause were passed by an Order in Council at borne, there could be
little doubt that such would be the course pursued hereafter.
Should, however, the Court conic to the determination, which the
President hoped it would, to admit, under the precautions lie had
mentioned, the principle of manumission contrary to the will of the
owner, he nevertheless thought that the Trinidad Cate, which al.
lowest ore member of a family to purehnso himself apart from the
r. st, had a direct tendency to subeert those worst anl religious
feelings which it was the ohj-ct of the law to prownte. as the
groundwork of civilisation and freedom. It had been slated to him
to he not impossible that young ft mates would he purchas.•d from
the several plentations, and particularly from those near George-
, Loam; and lie could not perceive in the Trinidad regulations what
could prevent this, if the purchaser and tile girl agreed on the sub-
ject: and the children tin addition to the immorality of the con.
flexion) produced thueby would be left to the probability of po.
vetty by the sickness, absence, or death of the falier, in which
case they must look for tOlilin't to the casual charity of the public.
But the most material ol,j, etion lie bad to the separate purchase
was, that it must, in numerous instances, discontinue the ties aris-
ing frdm matrimonial engagements. and consegne•o'ly have the ge.
I neral erect of making the slave population rtgeollees of the }acrid
obligation of matrimony. Under the Trinidad la s, the father of a
fancily of young children could buy himself; as a freeman there
was no law to compel his living with his Wit'e, and no law called
upon him to support a wife and children the slaves of another pee-
-1 son. Could any law compel the master to give to his late alive,
purchased against his consent and now tier, the right to live upon
his property, or to come to it at all ? So long as the freed man con.
tinucd to work as a hired servant, no evil might arise; but the law
clearly left it in the power of either the master or the slave whs
purchased ilinoelf, in such 'lease, substantistly to dissolve the mar-
♦rage velure. 'l'!te consequences of this, he needs must oleic ve
would ton certainty he adultery by both parties. If a wife were to
purchase her freedom, leaving her husbaml in slivery, the same
consequences would arise, commencing, however, with a total de-
struction of the latehrind's control over his wife.
It therefore appeared to the President. tent to prevent these evils,
and to support the clauses relative to the marriage of slaves, it was
necessary that the slave who wished to purchase himself should be
compelled, under certain restrictions, to porches: his family also.
And as it was obvioua that, if the purchase by families were ye.
quired only from those who acre married, it might operate as a
diseouragentent to trattimony, the President thought that it should
be extended to rmited husbands. wives, anti children, in the same
manner to in execution sales by the Marshal. Ile therefore wished
to express his opinion of the exp. (Ilene), of adopting the nista'.
mission clause, subject to the restrictions he had mentioned ; and

the provisions he shoU'al propose were— •
First—That slaves should he allowed to purchasz themselves or
members of a faintly) only with the family, "miring this to hus-
band and wives, and their children up to (an .atte to be hereafter
dctemtined), and not separated from then' by having formed other
connexions.
Secondly—That the labour of the father, soother, or children,
should have produced the purchase-money.
Thirdly—That the money-in lee, whether of a single slave, or of
a family should be ascertained, not by the intrinsic value of the
slave or family, but by the loss the owner must ortolan by the sole.
Fourthly—An express negative, ou the application to the pur-
pose of manumission, against the consent of the owner, of any
funds which might be obtained by gitt,loan, or subscription, public
or private. An exception only to be made in lavour of property
acquired by inheritance or legacy ; and even then to be so applied
in 'hone cases only where accompanied with proof of habitual in-
dustry and good conduct.
Fifthly—That all the (acts which might be important, contained
in the former suggestions, should be ascertained by a tribunal, con-
stituted ns nearly as it could be to prevent any otiprosition of
prejudice or partiality, and likely at the sante time, from its practi-
cal knowledge, to come to a just conclusion.
The Prettolent having concluded his observinions ; and the pro-
positions which lie made, and the charges which he suggested in
the Trinidad code, being considered very material ; the Court re-
quested his Honour would allow his remarks to be placed upon the
minutes, and that the Secretary should be iltrecied to send an ex-
tract of this day's proceedings to each member for consideration,
until the approaching ordinary Session.
The President haring assented to this proposal, the Court then
adjourned.