New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-03

fore naturaIlv inclined 10 make AZ much by them and
TO spend az little upon them as possiole-a fact amply
proved by the miserable state in which the gang is
generally found, when transferred from the rulheu
planter 10 the half ruined morigegee. ;,
Such s the legal condition Of the negro, CONSIDERED
with reference To biz master. We sha proceed 70 ex
anime into the nature OF the relation in which ne STANDS
toward free persons in general.
He is not competent TO be party to any civil acon
either as pa ntif or defendant can he be e,eyed
informant prosecutor against any person OF free
condition. He is protected Only horse is protected
in this country. His may bring an action against
any person who may have occasioned the oss OF mis-
services. But 1t lie plain that the slave may sustain
many civil injuries, TO which this circuitous mode OF
obtaining redress is not spplicabe and even when
is applicable the damages are awarded not to the IN
jurtd party, but 10 his master. The protection wmcn
indictments and criminal nformatons Afford ls also OF
very narrow extent. Many crimes which, when COM
mitted against white man, are considered as most
strocious may be committed by any white man against
slave with perfect immunity. To rob slave, Ior ~
stance is in most of the islands not even INSIDE
meanor. In this case, The grand principle OF Colonial
law is suspended The property OF slave, II seems,
ia considered as beongDgto the owner Tor tne
of oppression but not for the purpose OF proecton.
Bv tie meorating laws Of some o! the Colonies the
crime of highway robbery upon negro is punished
by finer, which, far ~ we are informed, IN no case
exceed thirty pounds currency. ,s,.e
But this il not all. The natural right OF seldetense
is denied to the slave. BY the laws OF almost all the
slande slave who should defend himself from muir
der or torture TO the injury of white person, though
euch white person should possess no authority what
over him. might be punished win deatn. d,
We now come 10 the laws respecting the evidence OF
slaves-laws which the ColoDsts soutly defend, ana
with reason; for, while these remain unatered, the
meoa'pg acs feeble at best, must always De Qttery
inefficient The testimony of these unfortunate beings
is not admissible in any cause, civil or criminal,
against white person. To this general rule there are,
in very few of the smaller Colonies, some partial ex
cepoDs. II is needless TO say that every CRIME may
be easily perpetrated in co immunity Of Wnlcn only
one member in ten is a competent witness The GOV.
ernment have pressed this point on the consideration OF
the Colonial Assemblies. In Jamaica, he proposed
amendments recently negatved by a majority OF
"a to ]. In Barbados, they have met with similar
reception The only excuse ever heard made for
so dsgraceful law is this that the negroes are igDo-
rant of the nature and obligations Of an oath, and in
fact are scarcely responsible beings. But from tins
the legislators OF Jamaica nave excluded tne "
selves, by enac.ng that slave who commits perjury,
in criminal csnse, against another slave, shall suner
the same punishment as the prisoner, II convicted,
would have suffered. II slave be Ignorant OF the ma
ture of an OATH why is he admitted as witness against
apy human being Why is he punished, in cases,
with DEATH for oense which subjects bis more en-
Eghtened, and, therefore, more guilty maser only 70
transportation II, on the other hand, ne possesses
the moral and intellectual qualifications which are re-
qsired in witness why is he not suffered TO appear
against an European
But we must proceed. The slave, thus excluded
from the protection of the la s subject to al its re-
stTaints. He undergoes the miseres OF oeast OF
burden without enjoying ts mmunities. lie is bound,
notwithstanding that alleged infsriory OF hi, under
standing which is admiteo reason for curtai-
ing his rights but not for tightening his responsibility,
by the whole OF the criminal code which is 10 force
aasnst free persons. And, in addition to this, he is
snbec ed to another most unjust and cruel code made
for bis class alone. If be fires from the Colony he ID
put 10 DEATH II be goes beyond the Limits OF the plan
taton TO which he is attached without written per-
mission, be is liable to be severely puni she'd Actions
in themselves perfectly innocent-buying or selling
certain goods in understanding certain descriptions
of produce-posseesng certain species of live stock
are crimes for which the negro Is punished, unless ne
can produce written authority from his owner. In
some of the islands, not even the command OF MS
owner s admitted as an excuse To beat drum, to
blow horn, to dance, 70 play at quots, to throw
squbs TO make fireworks, are all offeGses when COM
mitfed by slave and subject him TO the cruel chastise
meDt Of the whip When things reyindifferent are
visited with tuch severe penalties, 1t may easily be
magir ed that real deliaquencies not very merc
fully dealt with. IL fact many actions for which
white man is only imprisoned or otherwise slightly
punished if punished at all, capital crimes when
committed by slave. Such are stealing, or attempt
ing to steal to the value Of I'D. currency killing any
ANIMAL of the value of 6s., uttering mutnous words,
and long list of equally heinous crimes. We have
already mentioned the Infamous law which exists in
Jamaica on the subject OF perjury Another of most
kingy character is 10 force in the same island. To
compass or imagine the death of any of the white in
habtants God bless their MSestes J, is an enormity
for which slave is punished with death. 1t is
Such is the penal code to which the slaves are sub
ject. The IN which they tried is, if posi-
ble still disgraceful. On charges which do not
affect their ives, single Justice is for the most part,
competent 20 decide. In capital cases. several Justices
must attend, and, in most Of the Colonies, Jury is
summoned, if that name be applied where there is
neither parity Of condition, nor right of challenge No
indictment is preferred. No previous investigation
takes place before a Grand Jury In most Of the
islands record is drawn up. In some, it is enacted
that the execution shall Immediately follow the SEN
tence. The prisoner is sufficiently lucky 70 be
hanged. But formerly it not unusual to nhi,t
what the Colonial codes style exemplary punish
ment." When il was thought expedient to exercise
this right, the offender roasted alive, hung up in
irons TO perish by thirst shut up cage and starved
to death These punishments were commonly
served for wretcbes who had committed the daboical
crime OF nsurrecton against the just and paerna Gov
errment of which we have feebly attempted to deln-
cate the excellence.
The bondage, of which we have given this descrp-
ton, is Hereditary. 1t is entaed the posterty Of
the slave 10 the rsmoest generations The law does
not compel his master TO enfrapchise him. receiving
fair price. On the contrary II ntelferes to prevent
the master, even when 30 inclined, from giving him
his liberty. In some Of the islands direct tax is i'm
posed on manumissoD; and in ALL the encouragement
which il gwen to the pra:tiee OF raising money on ne
groes by mortgage. tends to obsruct their liberation.
Slavery i'll the West Indies is confined 10 negroes
sI people of color. This circumstance s peculiar TO
the Slavery Of he New World; and its effects are most
oalamitous The external peculiares Of the African
race thus associated in the minds Of the Coloniss
with everything degrading and are considered as the
disgusting livery of the most abect servitude. Hence
il is that the free negroes and mulattoss lie urder 80
many legal disabilities and experience such contempt
nous treatment that their condition he esteemed
desirable only when compared with the bondage to
which il has succeeded. OF toe rules to which this
elaes is subjected we shall notice only Of the most
odious We speak Of the presumption aga 1st liberty,
wbich is recognized principle of Colonial law. The
al rlattA