The West Indian Controver...
The Times, 1824-01-14T00:00:00

TO THlE EDtT01R OF THE2 TINES. ,Si,-Havin in -toiy former letters vindiicated the W61t lIidian zzaters f'romi th charges.brought against them- by theAfricart In- stitution and Mir. Wilberforce, by oppbsing factfs to fadllaces, and high official authorities to anonvnou caumie, sal nw ro. cecd to consider the aspersions on teolna eia Iue hIc have been tso ind srosypoaae ytesm ate,appa. wil he ieofid~ Plientoitreeitthemoh re fthgolues e apbentodti'ha h work ifleft tothesiswillnot be do ne;ta h iW hyeones but we have seen that its recommendatin r eirs htPri onazntmay exprcss its wishes by -~rse,rnayte a hr of actual enactment, and their w isht~.wi sbfr,b rae with covtCwpt`-(Rcar-ons. for Regirtf,pg 0.)'r ibr force says, "Do we not rememiber, tafrm heistmoment whea any proccedings were commtenced for the amelioration of the condition of the slaves, the Colonial Legislatures invarciably op. posed every encvu ftekn.-(Delkiae one Mr. Bu.vlon's cwtoa,pag 42) 1admt tat he Ves InianLegislatures have nor lwas cnfomed o te oinins f Mt ibroce and. his ~ieds;but tht tey avctretedthe recommendations of the -Cron an thewises o Pariamet wth ciontempt, I utterly deny; anlami suppre n the denial,nti only by the reports of theGover. rices from hihIhave already quoted, but by more recent facts towhichlIamaabout to appeal. That the WesttIndia. Leg-islatures have, in all cases, done every thing that they miglbPhnx' Ane; or. that they ought to have done, I am not prepared to'nmadiWntahfor p erectoni no toe epectd fom ny odyof en; buttheir con- duct onrecevin Lor l3thurt'scommmcaionof the wishes ex- * prsse byParlaxns~rspecingnewregulations for the ameliora- non-ofth stte f he laes,fuly edemsthem fromu the sweep. in~rimptatons f M. Wlber'ore ad the Africam Institution. . At B~~do~~the ouse f Assmblypresented an address fo: the Governor, dated the 25th of S.ptembe last., statizg that a bill for the amelioration of thne state of te slaves wa6s in great forward- ness in the late session, and would speedily be Trougt before the: Hou"se, "1when the propositions of Lo(rd iathurast wfould.1e 4tdly considered, and tsuch measures be adopted, 'as 1ocjil ci tijr-Ae1,' the saetvn of the inhabitants, the interests of theirpoctddte wrelfare of the slaves themselves, admiitted. tosmi: il which had be -n framed during the late sesionwapstdio a lawonthe2dof August last. The preamble to tuetrcesea h "s laves have become more civilized, and thermnsar omc ja,oie,'cdas to render it expedient that other rules and regrulations mhJuld be established for their government, and for the amelioration of their condlition." The act itself establishes courts of judicature for the tria of slaves, and gives themnthe benefit of trial by juary ; rega- lates,but not abolishes (even as to fernalts),punishment by the whip; zidmrits the evidence of'slaves against white persons ; appoints guar. dims to take cognizanee of their complainits; directs persons corn- precda as slaves to be tlischarged as free, unless an owner proves his "Z'to them within sue weeks--from the dateof theilfcommitmient; ~~iure toslaestheposessbaand inheritance of their property; I '~~-oliehcssthe Sunday market, and grants the slaves one day in every waeekfor the cultivation of their provision-grounds, except from January to April, during which four muonths the propriectors are,-to give the time according to their own discretion; the state of the soil, f-rom excessive drought, uisually rendering labour,on' provision- groundls useless, while it is highly important for the purpose of get- ting in the crop. At Grenada., on the 20th of August last, the Ilouse -of Assemnbly voted the following address to the PrIesident:-"1 This house, deeply impressed x7ith a sense of the importance of the various subjects to which its attention has beca drawn by the comotnunication miade to -it on the 10th instant, begs leave to state to!your Honour, for the in. farmation of his.31ajesty's Government, thatajoint committee from t1is house and the honourable board of council was appoirnted on cthIle1thday of J u ne las,t, f or th epurpose of revisinog and consoli- daig l he laws now in force relative to slaves ; when it was re- cmende to the comit ntee, to aLdvert to the. best miode of securing ea the slave a sufficient tune to work his grounids, and a specific allowance of food and clothing; to the insuring to him the enjoy. aient and rig,ht o0f bequeathLing an ersonal property he may so- cuc'to te Linuting, recordinTg, and deoigt,al ihins i=eadmission, in certain cases, of the competency ot'slave evidence; the discontinuance of public markets on the Lord's day; and the ruost e5citual mode of insuring to the slave moral anid religious in. struction. And it has further to acquaint your Honour, that the des. patches from Liord Btathturst, of the 23d day of 11ay,and 9th day of July, have been referred to the same committee;. with directions, in the first instance, to report such measures as they may think'most navisable for promoting religious an-d moral instruction among the slave population. And to consider ard report to this houise, the be-st mecans of securing to the slave suchi domestic comfort, as may enable him to appropriate the sabbat h to thepurposes of rest from labour. This couise has, bee-n adopted by the housie, because it prefers con- fining its attention, in the first place, to that imnportant part ot the desawth which relates to the religious and mioral improvenient of the zlave, the foundation of every beneficial change whbich can take plance in 'his character and condition ; and as soon as the repe~rt is madie, a copy of it shall bc laid before your Honour. It is with much satisfaction this house observes, that it will he unnecessary to di- rem its auttetion to many of the su~zgestions contained in the de. ca-ntcim, with reference to manumni5wons ; the laws of this c',lonv presenting no obstacle whatever to inanumission, by the requiring ,if stamps or deposits, hut rather tending to facitate them; anid no, indemnnityr bring demanded, that the party manumitted shall not be- conie a burden on the public." At St. Vincenit's, a letter dated the 4th of September last,was ad- dressed by the Council and House of Assemnbly to Governor sir Charles Ilrisbane, whichb is far too long for insertion, containing no less than 59 pages. After showing that niinny of the regulations re. commiended by Lord Bathurst are already enforced by the laws of the colony, and stating strong objections to the adoption of others, it concludes thus:-" In !ble preceding communication, it has been cecessa-y to have such ample reference to, and quotations from, the lasof te colony, that an apology to your Excellency may be ne. cassary from theconsequenttedtiousnessof it. But the-laws, -which ov-e in the every day administration of, and consequently familiar to, yrv xcellency, are either unkniown or suppressed in the mothei ,m1atry. From the speeches in Parliament,- it would appear that ran .'eho are well informed on almost every other subject, arc as igaTnoitt of the initernal state of satiety in these colonies as of that of Ch-ina, or the most unknown country. They appear to t:ilnk tLAt thczc is no law for the slave, but the caprice or crueltty of thle mz-.e ; ud that there never wras a proPrietor of slaves wife was not at the sam'e time capricious and a barbarian: For the sya. temnof slaver, a it nOw exists, the propriertorsinnoresect Considez themselves responsible. - thasgrownup under the (osteigr aedl protecting hand of the tiation, and. any PrPs teoswichipcare tirely or virtuially tend to unseittle or to depreCiate the property ol the mnaster are masni&fesly unjusf. -- Whenever they are made, thn colonists wil not contumaciously, but they will firmly and unceas- ingly oppoen them. no matter in what quarter they originate, or by -what authority theiy are supported. The Counned and House. 01 Assembly have here endeavourecl rd bring under the obseritation o1 lisa Majesty's M1iniLsters a mainute and faithful picture of the real cozmdltidn ofthe slatves in St. Vincent. Whatever credit itimay gan for honesty andi fidelity of stateiiient, it is hoPed it will show a case that certainly does not call for any thing like a contest between the Legislatuare of the parent state, and those oa the colonies, or for the adloption of 'mcoures which would alienate the afFection of a class of s'ibj. tsee rverbial for their loyalty to the Throne, and attach. Tnient to their commoncountry." At Dominica, a report was mnade by a Comnmittee of The Legisla- inue, hic isals to log fr iserio. It recites variotus provi. sion mae b theexitin lsw oftheisland -Ior the comnfort 'and proecton f te savs; tats tat er.property is amply secured to heit;tha thir'evdene s amitedin courts of justice; that reliiousinsruceon s prvidd fo thm; that aublic school has ban esablihed fr th eductionof' their afiildreen ; that te,are secured from severe punishments, owners being pro- hibited from iniflicting more than 39 lashes, managers more than 110, and overseers more thian five, and the court exercising the power of taking the slave out of the prower of the owner in ea3o of that number bFring exceeded; that families are-never separate by usia, bdcause no buyer would be so blind- to his -o!m interest as to racease slaves so circumstanced, and b~causc the law speciallv lr&- ,,ides that cleildren under 12 years of' age shall not be- oolid witbputiL the m&kier ; that the tax on manuimisions is only. seveni guaines, and igrepjeid in -peipsions to poor ftee persons in di'stress. Thie re- porocludewo tims :::,;" Your Committee feel convinced - that the codiin of the iNegroe bas much improved, and Is daily improvi. mins; that their wvants and comnforts, in health and sickness, are care- fuily attended to; that punishimnets are proportioned to offences, and avegretlydecreased; that tli~-_epjoy the benefits5 of rel'igiu insrucion poses th mens f aquiingpropeety end freedom;, andyou comiteefel o hsittio insaysm ibategenieiaiy of theNegoesarehapy ad ontnte, ad wlfsi~xemain, if teir mind ar no exitedandinfame by he eluivehiepes of eman. Aneis, at a confeence Iedot teBb fJl last, between th'e (Counlcil and Assembly of that islad h olwa reaolutioiis were unaninieasly adopted :-Tbat teCucladAsml opeg thems-elves to gromotc, by every means in teir power h ted anceof-their s yeseonthe services at the respecftivepars rhs and that they arceready to'give all the assistancei that mrbrqiel to reader the exertions of the clergymnen of the Churho gln now r&e-:nt, and such as Government isiiiy think poe osn out, efficient, by allowing them time to attend -their intaios That the marriage of slaves, beinig Chtistians, he Qalowed -without anyinterference ontlie part olthe owner. That very little' impedi- rnica exists atpreseat on the mimumission of slavtes.' That the mis- aistrates' fees shsould however be reduced, and every fatility given to make a nianumission more easy and'effectual ; and that a copy of thec present act be sent hoijie. That exclusive of Sunday, some cer- Lain-timsebe allowed the slave to market for hinitelf' and the6reby abolish the Sunday marnket. That the two branches' of the legisla; ture can tee no possible objectioni to a slave purchasink his sswst free- domi, subject to regulatioins. That the cart-whip be, abolishe ej- tircly zs an instrulm&it of driving; anld that the term "driver,"so oh- no=eets at present, be changed to s6rne other, such as ciiptain,or boats,vain. Limat, as far as practlcalble, slaves tu be ins cert'aitr de- gree adzcri~ptigklsr, and not to lie separated fromn the soiL. That the two branches, of the legislature ark ieady to - fakre still. further cees tameiorte he ondtio oftheslae~,as far.as regards their admssin, ndr crtan rguatins,togive evidenre, Tbat 'a re- cur ofpunshmntsbe eptin ver etate. Th'at the yoet-f she lav shll e ecurd t hi byaw.Thit, lhe.-puiishrnent~et femaes b cat.wkppin, ad th exosure of thie person, be dis, At St.Christonher's, at a niceling of hisblajtsty"s Council, held the 6th of July last, it was zesolved unaniuionsly-l.- Tiatit is ex- pedient, under the ex;sting circumstances of the tines,' that there should he a formal, frank, end solemn declaration by the Board of Ccancil, of their sentiments towards the slave population. at this momentous cisi That such declaration siould cont4it. the sentinments of the Board of Council as to the actual con. ditidn of th- slave population of this island,: and of -the mna- soirca which ought to be coimfironed anid ailoptedl for. -the sfine- lioration thereof. That such dcla3ration shmoulldpte isto fthe fol- lowing rsoutions3:-Thiat this Board witneessWith-siRccre' satis.- facd-n the progressive improvement which has' taken place, and w-hiil is rapidly advancing in the 'treatment and- condition of the sla-v population ofthis island. That the orderly and ood 'conduct of the slave population deserves the- rmost anxious solicitudae of this Enard for the!?gproteeeeon and welfare That'it is-expedient to conofrm by law reveral advabtages which' the slaves virttilly 'ad practically enjoy, and to adopt fuirther mecans for augmentingthiei'T temporal and spirituatwelfare. '-That the market held by--Negroes ons SUddava be abolished in,ordef that.thc.Lordz ddyiway bede. p-owd to ele purposes -oYrehIgoa,"dn6d that-othe-ntehuei-be dllowed 1',i? holding the rnarket, and (where-the dependerfce is on provision- rtad) for cultivating their grounds. TThat the use of the-whip as a srtiolof uthriy i th feldbeabolihed ; and that the pu- nis'hment of females by floggmfingel.-esdy of very rare occurrence, be discontinued, except upon conviction of some olencne deserving such punishmeniAbeforea Justice of thecPe4ce, and byhisdiieceiou. That no pmini:tunmet be inflicted but byZ eseeof te inmnaVer or over. s eer. 'Thatin aft`cxses of puniolent, the'nsMes of tlie s,laves IM4c vftesse0, the fault aiia qauatuni b e,tercA ini a book~ and aworn th-4tarterly. That tL_-sla'v, i,e confirmned' i,sUheprivile&ee he now4fijoys -by-practice, of'bhving.- propert .of particalaii kinds, with liberity 4to- bequeath, ifa a cpertoii, asid to, a teinimate ffild.- That wtrits of vcazdUituiirpna be df#nl nued, due regarcl betagbad to;existitg securiteie. - That in certain cuses, and subject to certain conditions, the Negeoesto have a Tight- to buy their own freedom. That the.evidnene of a lavie shallbe ad." meitted in the same way lt -is in Dominica. That- the system 6f la. bourwhiclb eismtbe fatal tothehealth andllife of the slave, as,as. serted in a pamphict attributed to Mr. Zacbarizh M'Cauilay, and .quoted in the Wous.eof Commons to preval tinte islalsdofJamaidaa, 'is unk-nown here. That the instances of open'-profligaey'and cruelty .containid in the said pamnphlet aie tinknowin here..- That this Board may not delare that inatances of tyrnny, oppresion, and cruelty(tlo -not in secret occur; butsthis Board see with great autisfactioni the vigilant interfereince of the constituted'autharities for the detectiorn and punishmnent of such atrocities. That the above resolutions are framned with a view of ixnproving the physical and morial corndition. of the. slavet'so as eventually to qualif him for a state of freedom, to whit ojec ths Bord illearest .contribute, upDn such provi- sions befing made for the protection ofthe uerson and prOperty Of the proprietors of slaves in this islandl as may be expected fromr thie wis- dom and justice of the Britisih Parliament, and fi6m the benevolent solicitude of our Sovereign for every class of his Majesty's subjects." No advice have yet been receivad of the proceedings of the Legis- lature ofAnt' a; and when the last iacket left Jamaica, thelHouse of Assembly Cad only just met, and a.stiessage from the Governor -bad called the attention of the House of Assembly to the ameliora- tioii- of the-state of the slaves;- but the particular measures Tecotti- mended in the despatch from Lord Bathurst had not yet been sub- mitted 'to their consideration. These proceedings, so far from justifying the charges made tqgainst the colonial legislatures 'by 'the African Institution and iMr. 'Wlerforee, show theix readines to carry into effect the wishes of Parliament, byr adopting the-measures recommended to them fortshe am-elioration of the state of the slaives; and, indeed, proves that itn various instances the recommendations from home were unnece- sary, having been anticipated by existing regulations. Great allow. ances ought to be made for the 4lelicate and dangerous situation in which she local legislatures are placed, and the combustible nature of the society for which they legislate. A dread of innovation seemis to be an inherent principle.~.a sort of official feeling-min nil Govern- ments. The avowed object of the Holy Alliance, as it is called, is the maintenaace ofaU establishied instituitions ; and even in this fret Government messuits of reform are frequently checked by the fears of revolutioni. Perb'aps the expetdiecy of som reomi h er. sentation of thc'people is as genterally felt as the n ecessity of a reform in the present state of slavery in the West Indian colonies h ut if p motion to that eff'ect is brought forward, Mlinisters tell us that the machine works well, and we are cautioned "to let well alone." Thua the dread of change is ndt a suibject of reproach peculiar to the West Indiaiaegslatures ; while their motives for caution are imperative to ie ighst egee. They appear disposedl to go as far as they cango ithsafty.If they do this, and state their objections to goig-freer.ohections partaking not of contumacy but reasn- thoe ojecion wIibefairly c~onsidered, and their conauct will give satsftiion. t l hs who are friendly to reform, buit not to revo. Though the inconsistenciest of our modern philanthropists are so numerous that they almost cease to excite rurprise, yet, perhaps, osle of the most striking is the different view they take of the danger of revolutlon in this country, where they have property, and in the Westlndies,where they have none. They looked upon thle Spencean ph~ilosophers, the disciples of liberty and equality, ~who inflamed the minds; of the lo*er orders against the superior classes of society, and contendedI for an agrarian division of land, with the utmost alarm and horror. When the 3Minister's green bag was brought into the House of Commons, Ilir. Wilberforce "1felt himself, with pain, comnpelled to ack-nowledge the necessity of sus p eding the bl essings of the constitution for a time, in order to render the enjoymnent of them more secure;" and supportea the bill for investlng the Secre- tary of State with the power to incarcerate, and detain without bringing to trial, any number of his, fellow-subjects," in ordler to "s tuppress the dangerous spirit -of sedition and insurrection that then prevaleel." But he expresses no such alarm at the attermpts, whether made by the slaves, or profesisedly on their behalf, to revo- lutionize the state of West Indian society, to deprive the masters of life as well as roperty; and his coadjutors commiserated the fate and exaggerated theinubers of those who fell in thie insurrection of Barbadoes-(Ckristian Observer, June 16, p. 408.) His brothier. in-law, Mir. Stephen, exultingly predicted, that "1King Christophe would soon subvert the relations of'the Wiestern world, as at present constituted;" and exhorted his br-other members of the African In- stitutiork not to relax in those efforts which produced the insurrec- tion at Barbadoes. "A single extreme case" (he says) "ouglitnot to alarm us. The timid, torpid, stupified' character formed under the driving whip has proved itself in every other case, too depressed and cold and dullfor excitement." Sucht is the inconsistenicy of the advocates, as they have been termed, of Black freedom and Whie savey. et hes getleen llw the members of the West IndinLeislture tofee thesam reardfor their lives and property cessry aains inurretionin tat art f th word, hic they are so ead tosuportin his ad tey illhe orespain icensures The opposite sentiments expressed by the Directors of the African institution on different occasions, as to Parliamnentary interference, are another proDfoftheirinconsistency. When Dr. Thorpe brought heavy chargesof misconduct against individualsatSieiraLteone, and one of the Directors of the African Institution, and urged the aieces. citY Of making them the subject of Parliamientary investigation, tht Directors of that society deprecated any' such'proceeding. They argued, that " those gentlemen heldi their appointments from tlie Crown, and were immediately accountable to its Ministers, who di- not sceem to have betrayed so total an inattention to the behav-ioui either of their governors or judges, as to warrant Parliament in taking such ar investigtion into their hands." Persons exercisingtdit f'ul,ctions of govemmnent in the W-est India colonies, in like manne, -hold thseir-uppointmentafrom the Crawn, and are accounitable to hi, Mlajesty's DAinisters equally with those at Sierra Leone ; and yet. in the one case, the Directors of the African Institution declare~ that Parliatment is pXot warranted in. tak-ing the investigation outi of the hands of His Mlajesty's AMinistrs ; but in the other, vehe. mently urgce their so doing. The objections to Parliamentary interference with the local le- gislatures, in the -internial regulations of the colories, merit the mlost serious consideration. In the first place, as to the question ol right. The British Parliament did formerly claim the right of le. giltn Or the'colonies, in all cases whatev,'r ; but this right wm, ideiedbgy aIllthe dependencies of the Empire possessinglegislatures othir ow,n; and was abandoned by Gra ritain. The ancient law authorities areD against this claim.: The Year Book, Ist Henry VII., says, "A tax by the Parliament of England shall not bind Ireland, because they are not isummoned to Parliament. irelana bath a Parliament of- its bwn, and mnaketh and alteretIrlaws ; and our statutes do not bind themn, because they do not send Knights to our Parliament." The Irish Parliament did afterwards, by a law~ called "Poyning'sLaw," volantarfyrenoncethe right of orig,inating an eaues ut such as were recommended by the British Per. liament. They soon, however, repentedl of this surrender of their independence; and atlenqth succeeded in regaining it. A'n attempt wtas made to establish a simUlar law in Jamaica; but it failed. In cases of added, dominion, the British principle and practice have been tco proceed to extended 'representation, eithier united and 'inluive, or separate and exclutsive. Scotland and Ireland are cases of the former kind, andl our colonies of the latter. In Jamaica and several othier West India islands, the governors were etopowered by his MVajesty to summon general assemnblies, consist. ing of the Governor, hisy Majesty's Council, and the representatives .of the periple freely-electtdaby the freeholders and inhabitants, "9 to make laws and statutes to bind the people thereof, as near as may he agreeable to the laws, of England."1 The King exercises the toya] night of approving pir rejecting all bill,,. Money hills originate in the Houses of As.semblya7ane; and the rWeerablance of the colonial to the imperial Parliament is complete. Powers and privileges ones granted by the King ednnoit he revoked; ga4 was established in the case of"1 Campbell v. Hall;" and, although the British Parliament has at times claimedl the right of interfering with the suborainate leg'ilat4res, every such' cld-ti has been subsequiently renouneed. By die 6th Gee,, I. chap. 5., it was declared, that "1the King's Mla. 4esty with the cons-ep of the Lords and Commons of Great Britain so Parlianment, hath power to make laws to bind the people of Ire. land0 b" ut by the 2M of Geo. IIl., cap. 28, it is declared4and enact. 'ee, titat "1the rigsigclaimed. by the people of Ireland, to be bounid univ by laws enacted by biis Meate' and th'e Parliament of that kinkdoin, ini all cases 4batever, is thereby established and ascer- tained for ever; adsalanotm hraf]tey be que5tioned or questionable." Byte6hGo l,cp 2., it was dec.lared, that his' Majesty, wih th LrsadCmons of Great Britain in Pa-rliament, have powerteomak-e laws to bind,the.people of the Bri- tish ecolonies ja all eases ;" but by the 18 Geo. Ill., cap. 12., it is de. elaed nd naceJ,tha" te Kng ndParliament of Great Britain wil no la aiyt~ duy~ r asesmet whatever, payaible in any colny,excpt utis ncesaryfo~thereuaonf comere,h net proceds of whih shallge pai ote ef teclne in which the shilbleied toe a te dspoalof the GnrlAsml therof. Reear twoBriishstaute, assertn h oe'o 'binding Ireland and - the colonies, in l casem htvr;ad w rnor6 conceding.that right. In the case of theconisatole point in dispute, taxation ; and in that of Ireland, admitting her claim to be leis!td for generaly by her own Parliament; and of course adinit tin Th samne claimn, to all the other dependencies of the emipireha,ving Ifiral legislatures. Inthie cse ofthe registrybill, anid the more recantca~e of tl4 sxgotion made by Mlr. Buxton in the lastsesionof arlimen, te caim have -been distinctly and formlly sseted y svera ofthe oloial legislatures; and the onlyreaon hat-gn bei~e fo agii~disputing them, is the last thatough'to egivn-ilat w aretron, an thJ6 are weak. Resevin th. cnsieraionqf hissubectas a question of expc!7 dieny fr aothe leter 'Igin,ut,you mot obedient servant. -A W.VIT INVI 4N fWOPR1ETOP T11- WEgST IND)ILv C0OTIOP,-RSY. f T.r.,T"rv.p"vr ';