Star.
London, England, 1828-02-11 00:00:00

thF &mettle ayu.ority. of :the wareer, thi; fluuse:tepry
that, alter the him( attentivelavesiigation of the•ststi-
jeet 'twit determined that a report, of punishments in.
flicied, to a public officer, would be only throwing out
a temptation to evasion and perjury, *hem undue seve-
rity WAS practised, and would be troublesome and ufe-
less where the slaves were humanely treated ; and
would also be incomplete without the creation of new
officers and a new office.. Any inctease tt thiburthens
of the island_cannot be endured. whilst it remains in its
present poor and tottering condition ; and the House
Mint lassetve, in answer to this and others of Lord Ba
thurst's propsitions, that they are conceived under the
mistaken impression that our slaves are miserable and
abject, our free inhabitants lawless and tyrannical, and
our magistracy isnotant and prejudiced, and without
authority to maintain ihe laws. The inhabitants of
Jamaica do not deserve these imputations, and the
House cannot be expected to legislate as if they did
deserv: them.

The presence of free witnesses at the infliction of pu•
nishm• nt is not declared necessary, because the island
is too ext• nsive, 'and too thinly peopled, to make the
execution of such a regulati•,n practicable, even were
no other inconveniences apprehended from it; and the
law does not require that an interval should elapse be-
tween tl'e commission of the crime and the infliction cf
the punishment, because, where only a slight punish-
ment is deserved, it migt.t be necepary to confine the
culprit till the hour of punishment au ived, which would
add to the penalty of his offence, and, in more serious
offences, to postpone the punishment is .to give the
offender a chance of escape. Evlty plantation cannot
be provided with a secure prison for the detention of
culprits under sentence ; the particular time of punish.
anent wac, theretOre. left to the di.cre ion of the mat ter
or overseer. Mr. Huakisscn says the law would not
be broken, whatever might he the severity of the pu
nisliment, if it were inflicted by any other method than
that of whipping or imprisonment." If .Ir. I-lu•kisson
will refer to the 83d clauie, he vt ill di tout r that he has
fallen into a usost important error. It is there p.ovided
that " if any persof, shall mutilate, or direct or cause It
to muii.ate, dismember, wantonly or crudily whip, mal-
treat, beat, bruise, wound, or imprison, or keep in con
finement without sufficieht support, of brand, any slave
or slaves, he shall be punished by fine, not exceeding
100/. or imprisonment, not exceeding twelve months, or
both ; and the slaves so mutilated or otherwise mal-
treated, shall, in atrocious cases, be manumitted by the
Court be. ore whom the offender shall have been con-
victed." And moreover, the fine of 1001. is to be paid
to the Justices and Ves.ry of the parish to which the
slave belongs, who shall, in consideration thereof, pay
to the suffering slave a pension of 101. per annum for
his life; and, in case the owner or owners of such slave
or slaves shall appear capable of paying the costs and
charges of such prosecution, the Justices and Vestry are
empowered to commence a suit against such owner or
owners of such slave or slaves, and recover all costs and
charges out of purse paid by them, laid out,,and ex-
pended on such suit. 'the House conceive that there
cannot possibly exist an instance of cruelty or severity
that is not punishable by this clause ; it c.•ntains a com-
plete enumeration of every possible case of personal ill-
trea:ment, and its efficacy is proved by several con.
vict:ons.

Mr. Huskisson closes the paragraph with these re-
mark.: " The use of the wh•p in the field is not for
hidden. Women are not exempted from punishment
by flogging. Nor is any presu.npti,n of guilt to Arise,
if tl:e slave shall make a pi. !sable, particular, and con-
sistent charge against his owner, confirmed by the es hi-
birion of his person bearing the marks of recent and
illegal punishment.
The whip is not forbidden in the field, lest the aban-
donment too suddenly if a lot:g e•tablished usage should
be misunderstood by the slates. Oa many properties
the whip is no longet an instrument • f punishment, and
the use of it will soon be so generally discontinued, as
to enable the Lvgislatute to restrict or abolish it by law.
Oita negro women have a• tilled more of the sense of
..hame that distinguishes Eutopean females, it will be
impossible, in re.pect to them, to lay aside altogether
punishment by flogging, there being no substitute that
promises to be acc, mpanied with the same salutary
dread.

By the I-30th clause of the Di allowed Act, slave
evidence is admissible in cases of " rape, mutihtion,
branding, dismembei ing, or cruelly beating or confining,
without sufficient support, a slave or slaves." And the
House cannot avoid t.. e express on of their surprise-that
his Majesty's Government have a., entirely overlooked
' this clause as to imagine that no presurisption olguilt is
to arise under the citcumstances mentioned in the close
of the abOve tsti.ict. It is difficult to conceive a case
in which either, by direct or circumstantial evidence, a
guilty person will not be convicted under this clause'.
If, however, his Majesty's (love' nme3t would iissi,t that
the marks of ill treatment alone, without other evirreiree
than the ass rtion of the m .Itreated slave, are to be suffi-
cient to insure convic:ion, the House can only regret
that they feel it to be impossible to place the lives, per•
sons, and properties of their constitue .ts at hazard, on
what appears to them such unsatisfactory and uncertain
proofs of guilt.
It is complained that the Disallowed Act "sanctions
an unlimited delegari n of punishment, even to slaves,
provided that the correction does not exceed ten lashes."
It must frequently occur that slaves ate pladed in su-
perintendence over their fellow slaves, and, unless they
possess some power of punishment, their authority will
not be submitted to. It was therefore thought that ten
lashes, which may not be repeated in the same day,
was the most moderate limitation of the power of in-
flicting punishment which could be delegated to a negro
in authority, consistent with the maintenance of good
order and obedience. And it appears to the House not
quite consistent with the r nlargedriews of Govet ntnent in
favour of the slaves, th.t the most confidential amongst
them should be denied the limited power entrusted to
them by this Act. Fir if slaves, however well behaved,
are regarded as onfit apportioners of a slight punish-
ment, they must also be considered as unworthy to be'
distinguished in any way from their fellows, and rile
best encouragement for good conduct will be taken
away. The Legislature did not deprive the owner of
the power of inflicting punishment to the extent of -39
lab's on his slave, because, however humane a contrary
opt m may at first sight appear, it would be found, in
practice, to have rather an opposite tencency. Under
the erjstingay:tem the master is accustomed to polish
his slaves for al.r,ost every offence of which they are
guilty, and it often happens 'bat 39 lashes are inflicted
by his Ludes for crimes which, in the eye of the law, are
punishable with transportation and death. It is not
prexeaded that offenders, in strict justice, should thus
evade the penalty of their misdeeds, yet the House, in
passing an Act to meliorate the condition of the slaves.
would have been scarcely justifiable, had they indirectly
adtied to the severity of the laws against them. But it
must be remarked that, if 39, or any other outlaw of
lashes are inflicted in a cruel manner, the master is
exemplary punishrtieat.
It is objected to the thirty-sixth and thirty seventh

'clauses, their they authrolse private persons t* commit
their slaves.:to prison, without the wArraiit of a Justice
of the l'eace, and enable the gaoler to inflict punish?
went by whipping without trial: It has been found
expedient to leave in the hands of the master that power
over the person of the slave, by the immediate exertion
of which any symptoms of disobedience may he sup.
pressed. If the master or superintendent is on all occa-
sions to.seek-the intervention of the magistrates or of a,
jury. his authority would Se •datogerousiy weakened.—
The Legislature has carefully,guarded aFainst the abuse.
of the master's power, but he cannot be deprived of it
s ithout hazarding the everthrow of the system itself.
The House, in answet to the Observation, that the
fine of 101. for inflicting repeated punishments for the
same offence can scarcely be incurted," adduce the fact,l
that the penalty bas already been levied on the mere
testimony of the slave, and the refusal of the offender to
contradict the slave's testimony.
If a workhouse keeper inflicts an excessive number of
lashes, the punishment is not 101. only, as his Majesty's
Government apprehends ; his offence comes under the
clause that provides against wantonly or cruelly whip-
ping or mutilating slaves, and is punishable with fine
and imprisonment. _ _ _

Mr. Huskisson, in his zeal for a protectorate of slaves,'
" fears that the complaint which the slave is authorized
to make before the magistrates, would not he a very
effectual messis of redress." The House can assure Mr.
Huskisson that his fear is unfounded, and that a protec-
tor of slaves would be a useless officer in any part of
the island, the magistracy having too much regard to
the oaths and the sacred duties of their office to violate
the oneTand neglect the other, fur the purpose of shel-
tering cruelty or opptession.
Mr. Flu .kisson observes —" As every groundless
complaint is to be punished, it is to be fea►e.f that many
well founded complaints will not be pretested."
The clause is mis-stated—it runs thus If it shall
api ear to the Justices of the Peace. that the complaint
of such slave is frivolous and unfounded, it shall be
lawful for them, sad they are hereby required, to dis-
miss the complaint, or to direct such punishment, by
confinement to hard labour or shipping, or both, :as to
them may seem proper." If this disc:eti.ut was not left to
,the Council of Pi otecririn to punish I rivolous complaints,
negroes %%fluid be c•unstantly in the road to and about
the police nth es, and never at their work.
The House cannot think it m crises y to defend the
testiictions on marriage, since it 'is admitted by Mr.
Huskisson, that similar restrictions are imposed in Eng.
land by the Marriage Act of George the Second. He
is pleased to term the influence of the Dissenting Mi-
nisters y ;" the House has thought such influ-
ence may sometimes be pernicious, and they ate not
yet prepared to extend it over the marriages of thek
slaves. The House conceived that the holy contract of
marriage should not be entered into without some know-
ledge of its nature and obligations, and they confess
thems• lees to be yet of the same opinion. Mr. Huskiss
son observes that no registry of the marl lage of slaves
is kept. The House du not know why such registry'
should be thought requisite, and the espence is an in-
surmountable objection, even were some degree of uti-
lity to be derived from the measure. There is, how.
ever, a register of slave marriages kept in every parish
'and if Mr. Huskisson had referred to the 6th of
Geo. IV. cap. 17, sec. 41, he would have found that the
Rector and Curate of each parish are compelled to keep
a separate register for slaves. Mr. Iluskisson remarks,
" on the subject of the separation of relatives, the word
" family" is left without a definition. It is susceptible
of so many different meanings, that it would seem pe-'
culiarly necessary to ascertain the precise sense in which.
it is used. The rule laid down in this law seems also
to require some better sanction. It is simply a direc-
tion, to the P.sivost Marshal: but if he should disobey
that direction, it is not provided that the sale should. be,
void. A provision appears to be wanting for enabling
the officer to ascertain whether any particular slave is
or is not a member of the family."
The word Family is not left undefined by the law, as
Mr. Huskisson imagises. It is declared by the' sth 1
clause of the Disallowed Act' to mean " a man and his
wife, end his or their children;" and if, at a Provost
Marsh sl's sale, parents are separated from their children,
or vice versa, it brothers and sisters are divided; the
Supreme Court will annul the sale as a matter of course.
And it i, to be further remarked of the sth clause, that
it is only an extension ni the Bth of Geo. 11. cap. 5, by
which the Provost Marshal only and his deputies are
restricted to sales of fssnsilies; but by the Disallowed
Act the Collectors of all public and parish taxes are
included in the re•trictiol.

' The House admit that tie property of slaves appears
Ito be inadequately t rotected: hut it was found imprae-
ticable to pea mit slaves to appear as suitors the courts
,of justice, without in a great degtee undermining their
depend, nce on their owners. it is impossible to pass
laws for slaves as if they were free persons ; and, it
slaves labour under any unavoidable disabilities, they
alsoenjoy many immunities. If slaves cannot sue they
cannot be sued. Their persons are sacred to all but their
owners and their laws. his utterly inconsistent with a
state of slavery to give slaves the freedom of action
that is indispensable to enable them to collect witnesses,
to consult lawyers, and to attend crams; and it is dif-
' ficult to devise a mode by which slaves shall be corn.
pelted to pay their own debts without infringing on the
property ut the master. The House, the land, the clothes;
the provisions, and tools of the slave, ate supplied by
the owner, and no part thereof can, without the grossest
injustice, be made liable for the debts of the slave ; and
still less can the person.of the slave be placed at the
dispOial of his creditor, that being alsO the property of
his master.
it is :thought by his Majesty's government, that to
exclude slaves from acquiring any interest in land is
impolitic and unneces,ary. Land cannot be a desirable
acquisition to the slave, his duty to his owner not af:,
fording him time to cultivate more land than.the por-
tion always allotted to him by his master for his main-
tenance.

Mr. llaskisson has not accurately examined the
Disallowed Act, or he would have avoided his several
misconcep►ions of its pi ovisioni. He imagines thit in
all cases of gratuitous and testamentary manumission,
security is to be given for the maintenance of the slave.
But it is provided by the stventy•sixth clause, that the
manumission bond shall be dispensed with, on proof
being given that he is not old or infirm; and by the
sixty seventh clause, the bond is likewise dispensed with
in devises of firedogs,. Mr. Huskisson " fears that,
serious inconvenience may arise from the neglect to,
provide a method, by which a slave can ascertain what
particular person is entitled to receive the price of his
freedom." This question comes under the head of
compulsory manumission, the discos,ion of which Mr.
Huskis►ou has postponed, and the House think it most
advisable to follow his example: If Mr. Ifuslisson's
,bservations be intended to apply to thst provision in
the Disallowed A:t, which relates to the payusint of
the pt ice of those voluntary manumissions, which it is
the object of the Act 40 facilitate and enci urage, the
House cannot perceive that•any difficulty exists. Tlie

•
pi ice is to he paid info the bands of the
Genet al, under the direction of the Costos
magistrate of the parish, whet e the slave to
mitted resides—the latter person is. selected,
!hat the utmost facility may be afforded in conci
the treaty of sale. It is left by the seventy-fir
of the Pisaßossed Act to the Conn of Chan,
Supreme Court, on sumtnary petition, to decid
claims of the persons entitled to the prir
interests of the purchase money—the porch;
freedom, as soon as lie his paid '
cite porchinto the Receiver General's Og ee,. ii v.holl
from any difficulty or responsibility .as to the
'persons eutitled to receive it. It is to be ohser
the sixty•seventh and the six following clar.
Disallowed Act are re-enactments of the Act
the fifth year of the present reign, chapter 2
" An Act for removing impediments to in,
Of slaves' by owners; having only a limite,
and were made to eittend to *Other Ea•eii
embraced by that Act: •
The House expected to obtain some credit
sure which removed cot siderahle difficulties
voluntary manumission of slaves, and under
considerable increase in the number of mar
has already taken place.
Mr. Huskisson remarks that, " on the impor
jest of the evidence of slaves, his Majesty is
pleased to signify his approbation of the adv;
has been made towards a better system of la
reference to this subject, I am to observe, ill;
appears to contemplate the a..lmission of the
of slaves in thc.,e cases of crimes only in ss
'are usually either the actors or the :offerers,
their evidence in other eases, a distinction
not seem to rest on any solid foundation."
The House rejoice that these i, a pert of
lowed Act approved of by his M •jesty, alts
much reservation. It is an error to suppo:
evidence of slaves is only a imitted when the
or sufferers. No pleader would dare to us.ak
twa ill not Court). In the beginning of this
cases ate quoted of free persons. having I
partly or wholly convicted under this Act
der oe of slaves, and-in one of t ese ea:es no
either an actor or a Sufferer, yet the que
admissibility of negro evidence was nut moot
Counsel of the prisoner. The object of the Le,
in ex. luding the evidence of unbar teed side
encouragement and promotion of U.iistia
was consider -A that the indiscriminate at
slave evidence, and the attaching thereto the
before only belonged to the evidence of fi
would be too sudden an innovation on loug.
usage ; and, moreover, as will hereafter
proposition of Lord Bathurst did not incite
to the indiscriminate admission of slave ev'
It is observed by Mr. Huskisson, that "
of the slave is convicted of any crime on the testimony
the Court has no power of declaring the slave free, ski
exercise that power when the conviction proceeds on .
Highly important as it is to deprive a slave of every
giving false evidence against his owner, that object mitt
without incurring the inconvenience of leaving the
power of an owner convicted of the extreme abuse of l
By the thirty-fourth clause, already referred to, the
power of declaring the slave free, if, by his or any col
an atrocious case of teal-treatment is proved against the
if Mr. Huskisson would have slaves manumitted in •
• the owner is convicted of any offence on their testimo,
have only to reply, that no further enactment will be
insure the speedy manumission of all the slaves of the
indeed, our Juries reject such suspicious testimony, to
that mus: follow its reception.

In declining to accede to the proposal " for establishini
of the names of all slaves, sufficiently instructed to
witnesses," the Colonial Legislature was governed b'
'that such registry would be burthensonse and usel
unitary In slave courts to examine slaves respecting tn,
of the nature of an oath, and the punishment they hem
to, if they tender false evidence. This custom has bet
experience to be a sufficient protection to prisoners.
venture to consider that *lea we examination in open
better mode of determining the value of evidence than a
names; and the House is somewhat at a loss to reconcile
necessity of "a record of slaves sufficiently instructee
petent witnesses," with the dissatisfaction expressed '
kisson at that portion of the evidence clause. which
to be Christians, before they can be witnesses.

lluskisson fears that "the exertions of the slay
up to the limits allowed by the Disallowed Law, wool
consistent with a due regard for the health of the
Negroes do not exert themselves ,at work like Eui
seldom fatigue themselves, and it is common for
many miles, or to dance the entire night, after the
labour. It is believed by the House, that labourer
harder and longer in Great Britain, and are rewarded
share of the necessaries and comforts of existtnce.

It is observed by Mr. Huskisson, "that the crime
murder, when committed on the persons of slaves,
punishable by death; and that there are other offetices s
be perpetrated on the persons of slaves, against which
punishment should have been denininced." No caws
can be classed with rape and murder, has ever come
cognisance of our Courts, otherwise it would not hay
looked by the Legislature.
It is considered that the "rules for the prevention of routilsers
and other cruelties would loss much of their efficacy in practice."—
But a more minute inspection of the Disallowed Act IN all asinine
Mr. Huskisson that his apprehension on this head is groundless.—i
By such inspection he will also discover that the dismembermeatie
mutilation of a slave is nut, as he conceives, only punishable to
heavy fuse and long imps isonment, but also by the, manumission and
consequent loss of the slave, if the owner is the offender. And, if
the outrage has been committed on tine slave of another, :he offer,,le
is exposed, in addition to the penalties, to an action of damages tot
the injury the owner has sustained in his property. The Howe.
however, are happy to add that these crimes have long ceased:o
disgrace the islandof Jamaica.

Pdr. Huskisson, on the subject of runaways, renews his remark
that the evidence of slaves in criminal cases appears to be admissible
only against slaves. The Right Hon. Gentleman does the Legis-
lature of this island more than justice in supposing that the he
was intended to admit the evidence of slaves both for and against
slaves. It is not easy to conceive bow a different meaning can he
ascribed to the law.
Mr. Huskisson " regrets that Judges, regularly educated in the
legal profession, do not attend on slave trials." The unpaid Blagip
tratss that preside at slave trials are acquainted with the habits and
vices of negroes; they have for their guide the Slave Code, which
is nel.ber intricate nor voluminous, and it is believed that as equal
and substantial justice is dealt out by the Court so constituted, ail(
it was composed of lawyers, versed in all the subtleties and refine-
ment of English jurisprudence.
It is observed by Air. Huskisson, that " the crime of
ing runaways may be punished with much more severity, when
the offender is a slave than when be is a fret person—a distincool
which reverses the established principle of justice, that the mar?
laity of crimes is enhanced by the superior knowledge and stations
the criminal" But, on adverting to the forty-fifth and forty-sites
ilauses, the principle will be seen which has, in this inseam-,
guided the Legislature. The harbouring of runaways by slave'
may be comparatively innocuous, and the Court has the power of
indicting a slight punishment, but it may alio be a crime of the
highest order. The runaway may have designs dangerous to the
peace of the community, and he may be aided in those designsll
the wicked connivance of the slave that harbours hint. The free
' person cannot be presumed to have any other view in concrah;.;
runaWays than to profit by their labour; his punishment is accord-
ingly limited to fine and imprisonment, and he is compelled to
Atha that satisfaction to the owner of the runaway, i.n molt!,
which is not exacted from the offending SUTC, because the l.'
:liver supposes that a slave is possessed of money. The free Fee-
son is also liable to the beivy penalties ot the Inveigling Act.
Mr. Huskisson is displeased that the nature and amount of the
punishment of offending shiers are often referred to the discretion of
the Court. This course has never been adopted without gtul
reason, and the effect thereof is not Mei eased seventy toward, the
slave, hut a strong leaning to inflict the lowest possible degree s.l
punishment adapted to the nature of the otlet.ce.
In Mr. Huskinion's dispatch " rebehion and rebellious cons!-.
.raei"are declared " to he terms unknown to the law of England.
the highs Hun. Gentleman will consult the .itate Trial., he %ill

the Resins;
Istoll or setict
to be mailt, .
cted, in ofd •. .
in enncludir.
Iy-first secti
r chance,,
s decide on..
'. •
principal
rchaset of
trchase m
busily relie,4,
1 the pet sso 4
observed,i4t -
clauses of tie
Act passed' _
ter 21, entitle'
i inannmis ~t ..
nited interesk
;Eli theft thy :
•
!...dit for a tilt;
ies in effeciin
under which. •'
manumissiot
important sic' -
y is graciou
advance whit
it law ; but,,
!, that this In •
if the eviderr
in which till
lets, radii in
inn which dti
tll
•
•
A of the Die*i
Alrhou,.!h ss. •
ipou3e that t • '
tiler are act. • •
make the a.bn
this repots t
n., been eitfa, -•
Actr' nn Cie • •
rs no nem°
queitiot, of u,
mooted by
he Legitlain
slave.„ wm,
istianity; and'
• admission i
the weight th.
of f e, person,
loug-establibht.
ter appear, ill
Icift the Hot;;
t evidence.
it " if the own?
mony of that the
ve, although it ern
s on other evident
f every motive f.-
'et might be um
g the slave in a
se of his autheriq
s, the Court bald
ny other testicle*.
net the owner. h
d in all eases who
stirnony, the Boa
sill be necessary;
of the island, ush
ay, to avert the nq
• ..
stablishing a mot
'd to he compete
ed by the assure(
useless. It is ar
ing their knowlrolo ,i,.
icy became subjr
teas been proved t f
Jners. The lion
in open court I:
ce than a record :-
econcile the allep'
structed to be cos
eased by Mr. He
kir requires slam
le slaves, if eractei
, would be scam!,
f the labourer:-
e Eliroptaus : they
for them to !roe
r the longest daye
osiers work much
ideal with a small*
e.
crimes of rape and
'laves, are properly
fences which Meg
it which the sat
I other *fence ttat
r come under li2 •
.4 have been own
ertiors of fruit-stirs *.P....
acy in practice."- • •
Act will convinc t'
ad is grourwiloi.— ''`
dismembermeata 7,
i only punishable by -
e, manumission rad
offender. And, If
'other, :he obfer,&r •
ion of damages tot
rty. The Howe.
we long ceased :r c
renews Ma remark
Ire to be admissoie
is does the Legik
?ming that the he
oth for and against
at meaning can be
y educated in the
Ile unpaid 312gir
eith the habits ad •
ilave Code, wh,:n
red that ea rqu.l
o constituted, as if • .
btledes and refine. '• '
crime of harbour-, ••,•.
re severity, when A
son—a distinctiol
:e, that the mar;
edge and maul, o!
fib and forty-siszs
in this bosom-,
naways by slas:o
has the power of
be a crime of Ilse
i dangerous to the
in those designsil,
rs hint. The free
iew Li concealc.4
i,hment is accurol-
ie is compelled to
..: