The Sun.
London, England, 1828-01-19 00:00:00

and of investing the religious teachers of the slaves
with a powerful and legitimate influence over them.
His Majesty has observed with great satisfaction
various provisions in this act for the improvement
of the condition of the slaves, which originated ex-
clusively with the Colonial Legislature. Among
them I have particularly to advert to the clause re-
quiring the gratuitous baptism of slaves, and to the
regulation by which slaves are allowed one day in
each fortnight to cultivate their provision-grounds,
exclusive of Sundays,. except during the time of
crop, the smallest number of days to be allowed in
one year being 26. It may, perhaps, however, be
necessary that some more effectual means should be
devised for enforcing obedience to this law.
The enactment requiring a monthly inspection of
the provision-70unds, and the delivery of an ade-
quate supply ofr provisions, when there is not a suf-
ficient quantity of such grounds, is calculated to pro-
duce the most beneficial effects, and might be ren-
dered still more valuable by some alteration in the
terms of the oath, which are susceptible of a con-
struction remote from the real intention of the
framers of the law. Great advantage may be anti-
cipated from the regulations for the support of the
mothers and nurses of large families, and for the
protection of old and infirm slaves.
The provisions for the prevention of excessive
labour contemplate the working the slaves for 11
hours and a half daily out of crop, and place no limit
to the continuance of their work during crop-time.
Considering the climate in which the labour is to be
performed, and that, after the work of the field is
over, there will yet remain to be done many offices
not failing within the proper meaning of the term
" labour," I should fear that the exertions of the
slaves, if exacted up to the limits allowed by this
law, would be scarcely consistent with a due regard
for the health of the labourer.
The crimes of murder and rape, when committed
on the persons of slaves, are most properly made
punishable by death : but if these enactments are to
be understood riot as declaratory of existing laws,
but as introductory of new laws, then it is obvious
that there are other offences which might he perpe-
trated on the persons of the slaves, against which
the same punishment should have been denounced.
The rules for the prevention of mutilation and
other cruelties, however just and valuable in prin-
ciple, would,. I should fear, lose much of their efficacy

in practice from the peculiar complexity of the pro-
cess which is to be observed in bringing the offender
to justice. In the cases supposed of the dismem-
berment or mutilation of a slave, fine and imprison-
ment would seem a very inadequate punishment.
The rules on the subject of runaways claiming to
be free, and respekng slaves carried from place to
place for sale, seem well adapted to prevent the re-
currence of serious abuses. The provisions of the
trial of slaves in criminal cases would also appear to
be a material improvement on the former law. I
perceive, however, that the evidence of slaves on
such trials is to be admitted against slaves. It is
not said that such evidence shall be admitted in/
them, although of course this must have been the
intention. It is to be regretted that no provision is
made for securing the attendance of judges, regu-
larly educated to the legal profession, on slave trials.
It remains to notice those parts of this Act which
provide for the punishment or the prevention of
crimes committed by slaves.
The crime of harbouring runaways may be puni-
shed with much more severity, when the offender is
a slave, than when he is a free man,—a distinction
which reverses the established principle of justice,
that the malignity of crimes is enhanced by the
su-
perior knowledge and station of the criminal.
In many cases, both the nature and amount of the
punishment to be inflicted on the offending sl•ive
are referred exclusively to the discretion of the Court.
lam riot aware of any
.;:ecessity for so unlimited a
delegation of authority.
Among capital crimes are enumerated rebellion
and rebellious conspiracy, As these are terms un-
known to the law of England, it is not fit they should
remain on the Statute-book without some legislative
definition of their meaning.
Felony seems to be generally declared capital,
when committed by slaves. The case of the cler-
gyable felonies is not noticed.
The enactments by which assault or offering vio-
lence t o a free person are declared capital, are framed
with an extreme laxity of expression, and have an
appearance of severity, which I am persuaded was
not really contemplated by the framers of this law.
The definition of -the offence of Obeah will be
found to embrace many acts, against which it could
not have been really intended to denounce the pu-
nishment of death. The definition of the crime of
preparing to administer poison is also so extensive
as to include many innocent, and even some merito-
rious, acts. Thus also the offence of possessing ma-
terials used in the practice of Obcah is imperfectly
described, since no reference is made to the wicked
intention, in which alone the crime consists.
The owner of a slave condemned to death or

transportation is in all cases to be indemnified at the
public expense for the loss of his property. His
Majesty's Government have repeatedly expressed
their disapprobation of this rule of law. It weakens
the motives for maintaining good domestic discipline,
and for preventing the commission of crimes by the
authority of the owner. It is unjust to indemnify
any rnan at the public expense for a loss, in which
his own culpable neglect of duty may have involved
him. To the slave it is unjust to deprive his owner
of all pecuniary interests in the preservation of his
life ; and, when the crime of the slave is, as it often
may be, the direct consequence of the owner's posi-
tive misconduct, it is in the highest degree im-
politic to relieve the owner from the loss.—
The power of remitting the sentence of slaves,
condemned to hard labour for life, is to be
exercised only when the slave evinces, in every
respect a complete reformation of manners. I
fear that few men undergo such a total change of
character as this under any circumstances, and that
a prison is among the last places in which it is to be
expected. Independently of this consideration, I ap-
prehend that this clause may in some degree dero-
gate from the power, which, under his Majesty's
instructions, you possess of pardoning offenders, or
remitting their punishments.
I have thus explained at length the considerstiont
which have imposed on his Majesty's Governmens
the necessity of submitting to his Majesty their
advice that this act should be disallowed. It cannot
but be a subject of deep regret to them, that their
sense of public dety has prevented their adopting a
different course ; but I trust that, upon a serious
and deliberate review of the subject, the gentlemen
of the Legislative Council and Assembly of Jamaica
will themselves be disposed to admit, that the deci-
sion which has been adopted was inevitable. The
preceding remarks will show that this act has not
been disallowed upon any slight grounds. The
i
many wise and beneficent provisions which t con-
tains have been fully appreciated,although they have
not been thought sufficient to compensate for the
irreparable injury which the best interests of the
colony might sustain from some of the enactments
to which I have particularly referred. Even were
the law unobjectionable on every other ground, it
would be impossible to surmount the difficulty pre-
sented by the- clanses for restraining religious liberty.
I have the honour to be, Sir, your most obedient
humble servant,

(Signed) HUSKISSON.
Lieutenant-Governor Sir John Keane, K.C.8.,

The following are the clauses contained in the law which
refers to the sectarians

LXXXIII. And whereas it'has been found that the
practice of ignorant, superstitious, or designing slaves, of
attempting to instruct others, has been attended with the
most pernicious consequences, and even with the loss of
life : Be it enacted, That any slave or slaves, found guilty
of preaching and teaching as Anabaptists, or otherwise,
without a permission from their owner and the quarter
sessions for the parish in which such preaching or teach-
ing takes place, shall be punished in such manner as any
three magistrates may deem proper, by whipping, or im-
prisonment in the workhouse to hard labour.

LXXXIV. And whereas the assembling of slaves and
other persons, after dark, at places of meeting belo%ing to