New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-03
MACAULAY AGAINST SLAVERY.
An Article now First Published i'm
America.
From he Edinburgh Reriev for Ju.uary Is1s.


aware that any opponent has appeared, sufficiently
intrepid to deny his statements, or to dispute their
results. The decent and cautious advocates OF
Slavery carefully avoid all allusion to publication
which they feel to be unanswerable and the boldest
content themselves with incorporating and re-
wing what they cannot even pretend to confute. In
truth it ia not too much to assert that on the pat
of the slavedrvers and their supporters, this con-
troyersy has, for the most part, been conducted
with disingenuousness and bitterness to which
literary history furnishes no parallel. Most OF the
honorable and intelligent men whose names give re-
spectabty TO the Colonial party, have in prudence
or in disgust stood aoof from the contest. In their
absence, the warfare has been carried on BY race
of scrbbleIs, who, like the mercenary Mohawks, so
often our auxiliaries in Transatlantic campaigns,
unite the indifference of the hreling to the terocity
| of the cannbal; who take aim from an ambush,
and who desire victory only that they may have the
pleasure of scalpng and torturing the yanquished.
The friends of Humanity and Freedom have often
boosted, with honest pride, that the wise and good
| of hostile sects and factions seemed, when Slavery
or the slave trade was in question: to forget their
mutual anpahes that the introduction OF this subject
was to such men what the proclamation of crusade
was to the warriors of the dark ages-a sgnsl to sus
pend all their petty disputes, and TO array themselves
under the holy banner against the same accused
| enemy. In this respect the slayedrvers are now
EVEN with us. They, too may boast that, if our cause
has received support from honest men of all religious
and political parties theirs has tended in as great de-
gree TO combine and coneiate every form Of violence
IT o,,JD Dab Harlpa q m
6eldpreachers are 70 be found in their ranks- The
only requisites for who sspes TO enlist are alront
| of brass end tongue OF venom.
"Ornnigenumqus Deon monstIs, ct lstrator Anubis
Contra Nop.apum ct venerem, eOnsraque MnerVa@
Tsls teDent"
| But II IL neither on facts nor on arguments that
Slavery seems now to depend for protection IL neither
doubles nor stands at bay 1t has neither the nge-
nuity of the hare nor the intrepedy of the ion 1t
defends Itself like hunted poecat, by the loa.hsone-
ness with which it aints the atmosphere around it. and
| hopes TO escape, by disgusting those whom 1t can
neither weary subdue. We could say much on this
subject. But the lie, that the worm will do his
nd'-aDd we have more important task TO per-
form. 1t is our intention to analyze, very concisely
the valuable work of Mr. Stephen aud afserward to
offer TO our readers remarks which the perusa OF
it suggested
Mr. Stephen begins by nquring into the origin and
authority of the Colonial Slave laws 1t has been com
monty supposed in England that there exists some
known local law in the Colonies distinct from the law
of England by which the bondage of the negro has
been introduced and defined. There is, however,
such law. The colonists could at time venture 10
present an act for sueh purpose 10 English SOyer
egn The Spanish copqnerors and the rowing pirates OF
the Antilles had established that state and the En- ysh
settlers considered themselves as succeeding 10 the
rights Of the original ieepOilers OF America Those
rl hts hey at that time existed, may be summedup IN
shor and terrible maxim-that the slave Is the d6
solute property of the master Ii is desirable that this
should be known; because, although few restraining
eatu,es have Of late years been passed, this odiOus
principle is sill the bass of all West Indian legislation
1t IL presupposed III all meoratDg acts IL IL the rule
and the restraints exceptions. In the benefits which
every other English subject derives from the common
lay, The negro has share. His master may lawfully
treat him as he please except IN points regulated by
express enactment
Mr.. Stephen proceeds to anayze the legal nature Of
the relation between the master and the slave.
Throughout the West Indies, Slavery is a constrained
serv Ca service without wages. In some of the
colonies indeed there acts which regulate the time
Of labor ana the amount of the subsistence which shall
be given in return. But from causes 70 which shall
hert after advert, these acts nugaory. In other
islands these ostensibls reforms have not taken
place; and the owner may legally give his slaves
much to DO, and as little to eat, as he thinks f..
In all the islands, the master may legally imprision
hs slave. Ia all the islands be may legally fog him;
and in Of the islands he may legally fog HIM At
his discretion. The best of the meiofstng acts promise
tJe and perform less. BY of them it Is enacted,
that the slave shall no. be logged till recovered from
the effects Of his last oggngby Others that he shall
not receive than certain number of Iashe. in
one day. These laws, useless as they are, have
meaning But there others which add insult to
cruelty In Of the Colonial Codes, there are face
tons provisions that the slave shall not receive more
than certain number Of lashes at one tme or for one
fault. What is the legal definition of lime Or WAC
are the legal judges OF fault If the master should
choose to say that il is fa1t in his slave TO have
wooly hair, whom does the law authorize to contra
dict him
1t is Just 10 cay that the murder OF slave is now
capital crime But the West Indian rules Of evidence,
to which we tha hereafter call the attention Of our
readers render the execution of the laws on this
iect almost impossible. The most atrocious kinds OF
mutilstion- those which in England punished
with death-wben committed upon the person OF u
slave subject the offender only fine, to short
imprisonment. In Dominica, for instance, TO main,
deiaee, mutlate cruelty torture" slave is crime
which il 10 be eXpated by fine not exceeding one
hundred pounds currency, or by Imprisonment not ex
ceeding the term of three months. BY the law of ia
maca master who perpetrates any outrage shor. of
murder on the person of bis slave, is subject 10 fine
not exceeding one hundred pounds currency, TO i'm
prisonmeDt not exceeding the term Of twelve months
In very atrocous cses, the Court may direct the
frapchisemen OF the slave. But this, though benefit
as far as IT goes 10 the negro is very slight aggrava
ton Of the punishment of the master. At most il ia
only an addition of a. few pounds TO the ine And
the possession of slave who has been manned in such
q manner TO render him pess, is rather burden
come than profitable, it would in many be really
advantage TO the criminal.
If these terrible pTerogatives were confined TO the
master alone the condition of the slave would be su
fcienty wretched. Yet il would not be without ale
vaons. The proprietor might sometimes bs restrained
by OF bs pecuniary interest," il not by higher
considerations from those extreme ourages, against